KKD

[2019] NSWCATGD 4

NSW Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

KKD [2019] NSWCATGD 4

Hearing dates:

21 January 2019

Date of orders:

21 January 2019

Decision date:

21 January 2019

Jurisdiction:

Guardianship Division

Before:

J Claridge, Senior Member (Legal)
L Houlahan, Senior Member (Professional)
L Porter, General Member (Community)

Decision:

1. A guardianship order is made for KKD.

 

2. TMW of [Appendix removed from publication.] is appointed as the guardian.

 

3. This is a continuing guardianship order for a period of one year from 21 January 2019.

 

4. This is a limited guardianship order giving the guardian(s) custody of KKD to the extent necessary to carry out the functions below.

 

FUNCTIONS:

 

5. The guardian has the following function:

 

a) Restrictive Practices

 

To make decisions about the following restrictive practices as outlined in KKD’s Interim Behaviour Support Plan dated 9 November 2018:

 

Environmental restraint: restricted access to kitchen including refrigerator to prevent excessive consumption of food and drinks;

 

Environmental restraint: locked doors and gates to prevent KKD leaving to engage in food seeking behaviours; and

 

Chemical restraint: routine use of psychotropic medication.

 

CONDITIONS:

 

6. The conditions of this order are:

 

a) Standard Condition

 

In exercising this role the guardian shall take all reasonable steps to bring KKD to an understanding of the issues and to obtain and consider his views before making significant decisions.

 

b) Restrictive Practices Condition

 

The guardian may only consent to:

 

i) Restriction of KKD’s freedom of movement;

 

ii) The administration of psychotropic medication; or

 

iii) Other restrictive practices

 to address challenging behaviours within the context of the implementation of a comprehensive positive behaviour intervention and support plan (or within the context of positive programming addressing KKD’s lifestyle and skills development needs).

Catchwords:

GUARDIANSHIP – application for a guardianship order – functions of guardian – guardianship order made – appointment of a private guardian

  RESTRICTIVE PRACTICES – definition and nature of restrictive practices – relationship between restrictive practices and NDIS – chemical restraint – environmental restraint

Legislation Cited:

Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 14(1)–(2), 15(3), 17(1), 18(1)
National Disability Insurance Scheme Act 2013 (Cth), s 9
National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth), r 6

Cases Cited:

Nil

Texts Cited:

Nil

Category:

Principal judgment

Parties:

009: Guardianship Application

  KKD (the person)
TMW (applicant)
Public Guardian

Representation:

Nil

File Number(s):

NCAT 2004/00262556

Publication restriction:

Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal’s proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION

Background

1. KKD is 44 years old and lives in a group home in Northwest Sydney.

2. He is supported by his mother, TMW.

3. It is reported that KKD has an intellectual disability and autism spectrum disorder.

4. On 9 March 2017, the NSW Trustee and Guardian was appointed to manage KKD’s estate.

5. On 22 November 2018, the Tribunal received an application for guardianship for KKD from TMW.