SKG [2023] NSWCATGD 18

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SKG [2023] NSWCATGD 18 Hearing dates: 30 May 2023 Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Professor M McDaniel, General Member Decision: The guardianship order for SKG made on 13 May 2021 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 three (3) years from 30 May 2023. 3. This is a limited guardianship order giving the guardian(s) custody of SKG to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where SKG may reside. b) Health care To decide what health care SKG may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where SKG is not capable of giving a valid consent. d) Services To make decisions about services to be provided to SKG. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring SKG to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – end-of-term review of a guardianship order – whether a further guardianship order should be made – 45-year-old Aboriginal man – subject person with brain injury and mild intellectual disability – subject person a participant in the National Disability Insurance Scheme (NDIS) – need for decisions to be made in relation to accommodation, health care, medical and dental consent, and services – preservation of the subject person's cultural environment weighs in favour of the making of a guardianship order – Public Guardian appointed – order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 4(b)-(c), 4(e),14, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: None cited. Category: Principal judgment Parties: 013: Review of Guardianship Order