CYC [2021] NSWCATGD 11

CYC [2021] NSWCATGD 11

CYC continued to have an intellectual disability restricting him in major life activities and remained at least partially incapable of managing his person. The earlier Tribunal intended to include medical and dental consent, and the evidence supported adding that function. CYC's restrictions on unsupervised access to telephones, the internet and the community constituted environmental restraints requiring substitute decision-making, and varying the order to give the Public Guardian a restrictive practices function for environmental restraint, with conditions and a one-year duration, best promoted CYC's welfare and interests while supporting his community placement.

Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Guardianship Division Application to Review and Vary a Guardianship Order / Review of Guardianship Order; Final Decision
Outcome
The guardianship order for CYC made on 19 November 2020 was reviewed and varied.
Legal Topics
['review of Guardianship Order' 'appointment of Public Guardian' 'environmental Restraint' 'ndis Restrictive Practices Authorisation' 'conditional Release of Forensic Patient' 'use of Cameras and Motion Sensors' 'medical and Dental Consent']
['guardianship' 'mental Health' 'disability Services' 'restrictive Practices' 'surveillance Devices'] ['review of Guardianship Order' 'appointment of Public Guardian' 'environmental Restraint' 'ndis Restrictive Practices Authorisation' 'conditional Release of Forensic Patient' 'use of Cameras and Motion Sensors' 'medical and Dental Consent']

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Procedural Posture

Guardianship Division Application to Review and Vary a Guardianship Order / Review of Guardianship Order; Final Decision

Legal Issues

  1. 1 ['Whether CYC continued to have a disability restricting him in one or more major life activities and was at least partially incapable of managing his person.' 'Whether the guardianship order should be varied to include medical and dental consent.' 'Whether the guardianship order should be varied to include a restrictive practices function in the form of environmental restraint.' 'Whether the conditional release order of the Mental Health Review Tribunal removed the need for consent or constituted an authorisation process for restrictive practices.' "Whether cameras and motion sensors used in CYC's accommodation were an environmental restraint or raised issues under the Surveillance Devices Act 2007 (NSW)."]

Ratio Decidendi

CYC continued to have an intellectual disability restricting him in major life activities and remained at least partially incapable of managing his person. The earlier Tribunal intended to include medical and dental consent, and the evidence supported adding that function. CYC's restrictions on unsupervised access to telephones, the internet and the community constituted environmental restraints requiring substitute decision-making, and varying the order to give the Public Guardian a restrictive practices function for environmental restraint, with conditions and a one-year duration, best promoted CYC's welfare and interests while supporting his community placement.

Court Disposition

The guardianship order for CYC made on 19 November 2020 was reviewed and varied.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of one year from 26 March 2021.' 'This is a limited guardianship order giving the guardian custody of CYC to the extent necessary to carry out the functions below.' 'The guardian has the function of...