NFS [2014] NSWCATGD 35

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NFS [2014] NSWCATGD 35 Hearing dates: 28 October 2014 Decision date: 28 October 2014 Jurisdiction: Guardianship Division Before: Tearle B, Senior Member (Legal) Staples M, Senior Member (Professional) Cootes J, General Member (Community) Decision: Guardianship order renewed for six months and varied; Public Guardian appointed with travel function. Catchwords: GUARDIANSHIP - End of term review of guardianship order - community treatment order - subject person able to make some decisions - no need for accommodation, health care or medical or dental functions to continue - delusions - travel function still required - control of passport by financial manager.

PROCEDURAL FAIRNESS - opportunity to be heard - notice of hearing - hearing in the absence of the subject person - subject person provided views to Tribunal Officer - requirement to consider views. Legislation Cited: Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Category: Principal judgment Parties: Mr NFS (subject person) The Public Guardian File Number(s): 56906 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 reviewed the previous guardianship order for Mr NFS made on 18 July 2014, and renewed it for a period of six months. The Tribunal reappointed the Public Guardian as Mr NFS's guardian. The Tribunal varied the order, so that the Public Guardian now has the authority to make decisions for Mr NFS about his travel arrangements.