FBI [2014] NSWCATGD 2

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FBI [2014] NSWCATGD 2 Hearing dates: 10 January 2014 Decision date: 10 January 2014 Jurisdiction: Guardianship Division Before: Boland J, Senior Member (Legal) Wroth M, Senior Member (Professional) Koussa J, General Member (Community) Decision: Temporary guardianship order made for a period of 14 days; Public Guardian appointed with accommodation (with additional authority to authorise others) and health care functions. Catchwords: GUARDIANSHIP - application for guardianship order - enduring guardianship appointment made - disability and incapacity in issue - need for an order - subject person refusing treatment and services - subject person self-discharging from hospital - subject person objecting to order - after hours hearing - temporary guardianship order Legislation Cited: Guardianship Act 1987 (NSW) Drug and Alcohol Treatment Act 2007 (NSW) Category: Principal judgment Parties: Mrs FBI Dr X (Applicant) The Public Guardian File Number(s): 54416 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

reasons for decision 1At the conclusion of the hearing conducted by teleconference on the evening of 10 January 2014, the Tribunal made a temporary guardianship order under s 14 of the Guardianship Act 1987 (NSW) ("the Act"), appointing the Public Guardian as guardian for Mrs FBI. The order is for a period of fourteen days. The Public Guardian may make decisions for Mrs FBI in respect of accommodation, with coercive powers, and healthcare. 2These are the Tribunal's reasons for the order made. A list of the parties to the hearing and witnesses who gave evidence to the Tribunal is set out in an appendix at the conclusion of these reasons. [Appendix removed for publication]