EID [2015] NSWCATGD 7

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EID [2015] NSWCATGD 7 Hearing dates: 31 March 2015 Date of orders: 31 March 2015 Decision date: 31 March 2015 Jurisdiction: Guardianship Division Before: B Tearle, Senior Member (Legal) Decision: Guardianship order renewed for 18 months.

Public Guardian appointed. Catchwords: FORENSIC PATIENT – guardianship, primary carer – conditional release – legal services. Legislation Cited: Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), Category: Principal judgment Parties: Mr EID (person under guardianship) The Public Guardian Representation: Separate Representation File Number(s): 43140 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 1. The Tribunal reviewed the previous guardianship order for Mr EID made on 3 March 2014, and renewed it for a period of 18 months. The Tribunal reappointed the Public Guardian as Mr EID's guardian. The Tribunal varied the order, so that the Public Guardian now has the authority to make decisions for Mr EID about his accommodation.

Background 1. Mr EID, who is 72 years old, and who has a Korean background, was, at the time of the hearings on 3 March and 31 March 2015, detained as a forensic patient in a correctional facility hospital. Mr EID is currently serving a 15-year limiting term, arising from the murder of a work colleague in May 2009. The Supreme Court of NSW in August 2011 found Mr EID unfit to plead. Mr EID is reported to have cognitive impairment as a result of a traumatic brain injury he sustained in a motor vehicle accident in July 2009. 2. The Tribunal understands that Mr EID is estranged from his wife, daughter and son, who live in Western Australia. 3. Mr EID has been under guardianship since 25 November 2009, when the former Guardianship Tribunal made a guardianship order, and appointed the Public Guardian as his guardian. The Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) last reviewed Mr EID's guardianship order on 3 March 2014, and renewed it for a further 12 months. The Tribunal on 3 March 2014 reappointed the Public Guardian as his guardian, with the authority to make decisions concerning his accommodation, legal services and services. 4. On 25 November 2009, the former Guardianship Tribunal also made a financial management order, and committed the management of Mr EID's financial affairs to the NSW Trustee and Guardian.