NQK [2020] NSWCATGD 39

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NQK [2020] NSWCATGD 39 Hearing dates: 28 October 2020 Date of orders: 28 October 2020 Decision date: 28 October 2020 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) Dr M Spencer, General Member (Community) Decision: Guardianship 1. A guardianship order is made for NQK. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of six months from 28 October 2020. 4. This is a limited guardianship order giving the guardian(s) custody of NQK to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where NQK may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take NQK to a place approved by the guardian. ii) keep them at that place. iii) return them to that place should they leave it. c) Health care To decide what health care NQK may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where NQK is not capable of giving a valid consent. e) Services To make decisions about services to be provided to NQK. f) Legal services To make decisions for NQK in relation to access to legal services. AUTHORITIES: 6. The guardian has the following authorities: a) Authority to override objections to medical treatment i) The guardian may override the objection of NQK to major or minor medical treatment. CONDITION: 7. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring NQK to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – whether subject person a person for whom a guardianship order could be made - subject person detained in immigration detention since 2013, with no prospects of remaining in Australia - subject person diagnosed with major depressive order, mild neurocognitive disorder, malnutrition, at immediate risk of cardiac and major organ failure – subject person incapable of managing his own person – whether a guardianship order should be made - subject person refuses nasogastric feeding and treatment for depression – need for medical treatment decisions to be made with authority to override objections – need for accommodation decision with authority to authorise others to carry out decisions for hospital admissions – no private guardian available – Public Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 46A Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep IF v IG [2004] NSWADTAP 3 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: Guardianship Application