Victorian Civil and Administrative Tribunal|2018-11-19

This matter has been the subject of a number of hearings and a cause of stress to THD before and at hearings. In the circumstances the order should be for two years in the hope that this will minimise the stress on THD that arises with each of these hearings.
All parties have the opportunity to seek reassessment at any time during the currency of the orders.

THD's mother, at the close of the hearing spoke with great eloquence and passion of hers and THD's father's wish that THD have as much independence as was possible and that they want him comfortable, independent and free to choose his own life.
The Tribunal considers that the greatest independence at this time for THD will come from the appointment of an independent guardian with whom THD has indicated he is happy to work for his accommodation, access to himself and for health matters.

[2] "Medical Treatment" is defined in section 3 of the Medical Treatment Planning and Decisions Act 2016.

[3] Section 22(2) The Tribunal must consider: (AB) the wishes of the proposed represented person so far as they can be ascertained.

[4] NEXTT is the organisation that provides most of the personnel that carry out support services to THD in his residence. NEXTT is not under the control in any way of the guardian.

[5] At the hearing THD indicated that he might like two weekly contact with his parents whereas in meeting with VLA prior to the hearing he was talking four weekly visits as was the practice prior to the August hearing, subject to his wishes on each occasion still.

[6] As discussed at the hearing the relationship of THD with NEXTT as a service provider is not a matter within the Tribunal's jurisdiction at this time.

[8] Section 30 of the Act: Guardian may (Tribunal emphasis) apply for the advice of the Tribunal upon any matter relating to the scope of the Guardianship order or exercise of power.

[9] Section 4(2)(a) The requirement that the Tribunal act in a way that "is the least restrictive of a (THD's counsel's emphasis) person's freedom---".

Administration Act 1998

Treatment Planning and Decisions Act 2016

Civil and Administrative Tribunal Act 1998

Administration Act 1986

THD (Guardianship) [2018] VCAT 1588 (19 November 2018)

THD (Guardianship) [2018] VCAT 1588 (19 November 2018)

At a glance

Court

Decision date

Source

Judgment (10 paragraphs)

Legislation Cited (4)

Cases Cited (1)

THD (Guardianship) [2018] VCAT 1588 (19 November 2018)