ERC [2015] NSWCATGD 14

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERC [2015] NSWCATGD 14 Hearing dates: 13 March 2015 Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Guardianship Division Before: C Fougere, Principal Member I Beale, Senior Member (Professional) S Rylands, General Member (Community) Decision: Application for the appointment of a guardian for Mr ERC dismissed Catchwords: GUARDIANSHIP – application for a guardianship order – forensic patient – non-compliance with conditional release order made under Mental Health (Forensic Provisions) Act 1990 (NSW) – whether subject person was 'a person in need of a guardian' – Mental Health (Forensic Provisions) Act 1990 (NSW) does not prevail over Guardianship Act 1987 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987(NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: A (by his tutor Brett Collins) v Mental Health Review Tribunal (No 4) [2014] NSWSC 31 Sarah White v The Local Health Authority [2015] NSWSC 417 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Eve [1986] 2 SCR 388 Secretary Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Category: Principal judgment Parties: Mr ERC (the subject person) Ms UDQ (the applicant) Mrs TFC (carer) The Public Guardian Representation: Separate Representation File Number(s): 58596 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 proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).