SGX [2023] NSWCATGD 6

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SGX [2023] NSWCATGD 6 Hearing dates: 19 April 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) Dr W Longley, Senior Member (Professional) Dr M Spencer, General Member (Community) Decision: 002: Review of Guardianship Order The guardianship order for SGX made on 9 November 2022 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 six months from 19 April 2023. 3. This is a limited guardianship order giving the guardian(s) custody of SGX to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Advocacy To advocate generally for SGX. b) Accommodation To decide where SGX may reside. c) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take SGX to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. d) Health care To decide what health care SGX may receive. e) Services To make decisions about services to be provided to SGX. f) Legal services To make decisions for SGX in relation to access to legal services. CONDITIONS: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring SGX to an understanding of the issues and to obtain and consider his views before making significant decisions. 003: Financial Management Application 1. The estate of SGX is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of SGX is committed to the NSW Trustee and Guardian. 3. This is an interim financial management order for a period of six months from the date of this Order. The further hearing of these proceedings is adjourned to a date to be confirmed by the Registry. In today's proceedings, SGX is to be legally represented by D Yakenian, Solicitor. Any of the parties or anyone who in the opinion of the Tribunal has a genuine concern for the welfare of SGX may apply to the Registrar to restore these proceedings to the list for an earlier hearing. Catchwords: GUARDIANSHIP – end-of-term review of guardianship order – whether a further guardianship order should be made – subject person with an intellectual disability – subject person is a participant in the NDIS – subject person at risk of homelessness – need for decisions to be made about accommodation with power to authorise others – need for decisions to be made in relation to health care, services, and legal services – Public Guardian reappointed – six-month reviewable order made FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – subject person is dependent on others to manage his financial affairs – need for management of NDIS care package – subject person vulnerable to the risk of financial exploitation – no private person able to be appointed – NSW Trustee and Guardian appointed – six-month reviewable order made PROCEDURE – rejection of adjournment request – legal representative received instructions the day before the hearing – notice was provided to the subject person and service providers involved in his care – subject person unable to be located – decision to proceed with hearing in the absence of all parties other than the Public Guardian – in the subject person's best interests for the hearing to proceed without further delay Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 4, 4(a), 25M Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 002: Review of Guardianship Order