NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UZX (No 2) [2020] NSWCATGD 33 Hearing dates: 14 October 2020 Date of orders: 14 October 2020 Decision date: 14 October 2020 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) Dr I L Beale, Senior Member (Professional) J L Newman, General Member (Community) Decision: The guardianship order for UZX made on 2 August 2019 has been reviewed. The order now is as follows: 1. The Public Guardian is appointed as the guardian. 2. This is a continuing guardianship order for a period of 12 months from 14 October 2020. 3. This is a limited guardianship order giving the guardian(s) custody of UZX to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Access To decide what access UZX has to others and the conditions of access. b) Accommodation To decide where UZX may reside. c) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take UZX to a place approved by the guardian; ii) keep them at that place; iii) return them to that place should they leave it. d) Services To make decisions about services to be provided to UZX. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring UZX to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – end-of-term review of guardianship order – whether a guardianship order should be made – service providers withdrawing services – need for services and accommodation functions – potential need for respite care – need for authorise others function - unwanted guests at subject person's accommodation – need for access function – no private guardian available – Public Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 14 Public Health Act 2010 (NSW), s 7 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: 002: Review of Guardianship Order UZX (the person) Public Guardian (appointed guardian) Representation: Separate Representative for UZX: J Quiohilag File Number(s): NCAT 2019/00182057 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: Civil and Administrative Tribunal Act 2013 (NSW), s 65.
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