CGQ [2024] NSWCATGD 10

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGQ [2024] NSWCATGD 10 Hearing dates: 21 May 2024 Date of orders: 21 May 2024 Decision date: 21 May 2024 Jurisdiction: Guardianship Division Before: A Britton, Deputy President Dr M J Corr, Senior Member (Professional) S Bullock, General Member (Community) Decision: The Registrar is to request Ms X to provide Ms Z's contact details. The review of the guardianship order and financial order made 21 May 2024 is to be listed for directions at a date set by the Registrar to decide how to determine whether Ms Z is a carer for the purpose of s 3D(2) of the Guardianship Act 1987 (NSW), that is, a person who provided or arranged to be provided domestic services and support to CGQ, immediately before he commenced residing in the group home operated by [a service provider] in 2016. The Registrar is requested to notify CGQ's sisters, Ms X and Ms Z (if her contact details can be obtained), of the above directions hearings. Guardianship 1. A guardianship order is made for CGQ. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of six months from 21 May 2024. 4. This is a limited guardianship order giving the guardian(s) custody of CGQ to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where CGQ may reside. b) Health care To decide what health care CGQ may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where CGQ is not capable of giving a valid consent. d) Services To make decisions about services to be provided to CGQ. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring CGQ to an understanding of the issues and to obtain and consider his views before making significant decisions. 7. Pursuant to s 61 of the Civil and Administrative Tribunal Act 2013 (NSW), the guardianship order made on 21 May 2024 comes into effect on [The date that CGQ turns 18]. Financial Management 1. The estate of CGQ is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of CGQ is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within six months. 4. Pursuant to s 61 of the Civil and Administrative Tribunal Act, the financial management order made on 21 May 2024 comes into effect on [The date that CGQ turns 18]. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – 17-year-old subject person under the care of the Minister – subject person has an intellectual disability – subject person resides in a group home – need for decisions to be made in relation to accommodation, health care, services, and consent to medical and dental treatment – no private person available to be appointed – Public Guardian appointed – order made – order to take effect when the subject person turns 18 – order to be reviewed in 6 months FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – subject person is unable to manage his finances – financial management order made – no private person available to be appointed – NSW Trustee and Guardian appointed – order to take effect when the subject person turns 18 – order to be reviewed in 6 months PROCEDURE – procedural fairness – parties to proceedings – consideration of ss 3D(2) and 3F(5) of the Guardianship Act 1987 (NSW) – whether the subject person's sister is a carer – whether the hearing should be adjourned to make enquiries – real, material and imminent risk of harm to the subject person if the hearing is adjourned – Tribunal decided that the hearing should proceed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 61, 63 Guardianship Act 1987 (NSW), ss 3(1)-(2), 3D(2), 3F, 3F(2)(d), 3F(5)(d), 4, 10, 14(1)-(2), 25G; Sch 6, cl 6A Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application