WZA [2020] NSWCATGD 52

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WZA [2020] NSWCATGD 52 Hearing dates: 8 May 2020 Date of orders: 8 May 2020 Decision date: 08 May 2020 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) E Love, Senior Member (Professional) L Porter, General Member (Community) Decision: Requested Review of Guardianship Order The guardianship order for WZA made on 28 February 2020 has been reviewed. The order now is as follows: 1. GAM of [Appendix removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of 24 months from 28 February 2020. 3. This is a limited guardianship order giving the guardian(s) custody of WZA to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Advocacy To advocate generally for WZA. b) Legal services To make decisions for WZA in relation to access to legal services. c) Other Function To make all necessary decisions in relation to visa-related matters that would ordinarily be made by WZA including giving and receiving information, making applications and giving consent to visa-related applications. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring WZA to an understanding of the issues and to obtain and consider their views before making significant decisions. Financial Management 1. The estate of WZA is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. GAM of [Appendix removed for publication.] is appointed as the financial manager of the estate. NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – review of guardianship order – requested review of guardianship order – whether guardianship order should be varied – subject person sponsor of daughter's carer visa application – need for decisions to be made in relation to visa-related matters – visa-related decisions function - order varied. FINANCIAL MANAGEMENT – application for a financial management order – whether it is in subject person's best interests that a financial management order be made - financial nature of undertakings of a carer visa sponsor – legal authority of a financial manager in relation to the subject person's estate – private financial manager appointed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cl 5(1) of Sch 6 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 21B, 25M Migration Regulations 1994 (Cth), regs 1.20(1), 1.20(2)(a), sub-reg (2) Cases Cited: CJ v AKJ [2015] NSWSC 498 GZK [2020] NSWCATGD 5 HH v HI and Protective Commissioner [2009] NSWADTAP 41 IF v IG [2004] NSWADTAP 3 MN v AN (1989) 16 NSWLR 525 P v NSW Trustee and Guardian [2015] NSWSC 579 ZBC v ZBD [2016] NSWCATAP 264 Category: Principal judgment Parties: Requested Review of Guardianship Order