UZX [2020] NSWCATGD 3

UZX [2020] NSWCATGD 3

The guardianship order was varied to add the function allowing the Public Guardian to authorise police and ambulance to carry out accommodation decisions because there was no practicable avenue for UZX's welfare and interests to be promoted in light of self-isolation requirements, and public health order powers were not engaged as no evidence of exposure to COVID-19 was present.

Parties
Subject Person: UZX; Applicant: VAD; Guardian: Public Guardian
Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Guardianship Review / Final Merits Hearing
Outcome
guardianship order varied
Legal Topics
Review of Guardianship Order, COVID 19 Pandemic, Public Health Orders, Coercive Accommodation Function, Services Withdrawal, Self Isolation Requirements
Guardianship Public Health Review of Guardianship Order COVID 19 Pandemic Public Health Orders Coercive Accommodation Function Services Withdrawal Self Isolation Requirements

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Parties

UZX

Subject Person

VAD

Applicant

Public Guardian

Guardian

Procedural Posture

Guardianship Review / Final Merits Hearing

Legal Issues

  1. 1 Whether the guardianship order for UZX should be varied to include authority for the guardian to authorise police and ambulance to implement accommodation decisions
  2. 2 Whether services can practicably be provided to UZX without the guardianship order during the COVID-19 pandemic
  3. 3 Whether a public health order could be made under s 62 of the Public Health Act instead of a guardianship order

Ratio Decidendi

The guardianship order was varied to add the function allowing the Public Guardian to authorise police and ambulance to carry out accommodation decisions because there was no practicable avenue for UZX's welfare and interests to be promoted in light of self-isolation requirements, and public health order powers were not engaged as no evidence of exposure to COVID-19 was present.

Court Disposition

guardianship order varied

Orders

  • The Public Guardian is appointed as guardian.
  • This is a continuing guardianship order for a period of 12 months from 2 August 2019.