JSG [2014] NSWCATGD 20

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JSG [2014] NSWCATGD 20 Hearing dates: 7 April 2014 Decision date: 07 April 2014 Jurisdiction: Guardianship Division Before: Giurissevich A, Senior Member (Legal) Matheson M, Senior Member (Professional) Smith M, General Member (Community) Decision: Application for guardianship dismissed. Catchwords: GUARDIANSHIP - application for guardianship order - involuntary patient - person refusing services - intersection between Guardianship Act and Mental Health Act - coercive powers - no practical utility.

PROCEDURAL FAIRNESS - notice of hearing - notice of hearing not served on subject person. Legislation Cited: Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Category: Principal judgment Parties: Ms JSG (subject person) Ms KAB (applicant) The Public Guardian File Number(s): 55493 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

What the Tribunal decided 1The Tribunal dismissed the application for guardianship in relation to Ms JSG made by Ms KAB.

Background 2Ms JSG is a 33-year-old woman who is said to have a mental illness. On the day of the hearing her whereabouts were still unknown after having left the Mental Health Unit in Regional NSW in mid-February of this year. This issue is discussed in further detail below. 3The application made by Ms KAB, Social Worker at the Mental Health Unit, had been received on 31 January 2014 whilst Ms JSG was an involuntary patient of that unit under the provisions of the Mental Health Act 2007 (NSW) ('the Mental Health Act'). 4The application was seeking the appointment of a Guardian for Ms JSG as she was said to be refusing appropriate accommodation and rehabilitation services.