ZCT [2024] NSWCATGD 4

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZCT [2024] NSWCATGD 4 Hearing dates: 15 March 2024 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Guardianship Division Before: S Pinto, Senior Member (Legal) Decision: The guardianship order for ZCT made on 28 February 2024 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 five months from 28 February 2024. 3. This is a limited guardianship order giving the guardian(s) custody of ZCT to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Access To decide what access ZCT has to others and the conditions of access. b) Accommodation To decide where ZCT may reside. c) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take ZCT 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 ZCT. e) Legal services To make decisions for ZCT in relation to access to legal services. f) Travel To make decisions about whether or not ZCT can travel to any place outside Australia. g) Passport To make a decision about whether or not the passport of ZCT should be surrendered to the guardian or some other authority the guardian nominates pending a decision by the guardian concerning travel. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring ZCT to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – requested review of a guardianship order – subject person diagnosed with schizophrenia – NDIS participant – allegations of misuse of NDIS funds by the subject person's family – allegations of fraud by NDIS provider – concerns that the subject person has been exploited for financial gain – continued need for a guardianship order – need for accommodation decisions with authority for others to bring accommodation decisions into effect – need for access, services, and legal services decisions – need for travel and passport decisions – no private person suitable to be appointed – Public Guardian appointed – order to be reviewed in five months Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-2), 4, 14(1)-(2), 17(1), 25(2)(b), 25C(2) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 014: Requested Review of Guardianship Order