NIQ [2014] NSWCATGD 28

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NIQ [2014] NSWCATGD 28 Hearing dates: 5 August 2014 Decision date: 29 September 2014 Jurisdiction: Guardianship Division Before: Schyvens M, Deputy President Kennedy C, Senior Member (Professional) Newman J, General Member (Community) Decision: Guardianship order lapsed Catchwords: GUARDIANSHIP - end of term review of guardianship order - whether an order should be made - practical utility of the order - consideration of section 4 and section 14 principles - family relationships - no justification to impose coercive powers. Legislation Cited: Guardianship Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: IF v IG [2004] NSWADTAP 3 Category: Principal judgment Parties: Ms NIQ (subject person) Mr HWT (spouse) Mr CDS (parent) Mrs BEH (parent) The Public Guardian Representation: Mr NGN for Mr CDS & Mrs BEH Mr OFK as separate representative File Number(s): 53982 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 ordered 1The Tribunal decided that the order of the Guardianship Division of the Tribunal made on 13 February 2014 appointing the Public Guardian as Ms NIQ's guardian for a period of six (6) months ("the guardianship order") should lapse. 2These reasons for decision outline the evidence the Tribunal received in the course of reviewing the guardianship order and provides the Tribunal's reasoning for concluding that the order should not continue.