NCN [2015] NSWCATGD 26

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NCN [2015] NSWCATGD 26 Hearing dates: 16 October 2015 Date of orders: 16 October 2015 Decision date: 16 October 2015 Jurisdiction: Guardianship Division Before: M Spencer, General Member (Community) Decision: Financial manager order confirmed. Catchwords: FINANCIAL MANAGEMENT – requested review of financial management order by protected person – obligation of Tribunal to assist applicant to understand nature of proceedings and to facilitate the resolution of the real issues in dispute – financial management order confirmed – appointment of NSW Trustee and Guardian confirmed – no other suitable person – agreement to increase weekly allowance – recommendation made by the Tribunal about access to disability support services for person with hearing impairment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: Mr NCN (applicant and protected person) NSW Trustee and Guardian Representation: Nil File Number(s): 25314 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 confirmed the financial management order it made on 29 September 2005 in relation to Mr NCN.

Background 1. Mr NCN is a 46-year-old single gentleman who is deaf and communicates using Auslan. He resides on his own in a NSW Housing unit in an inner-city suburb of Sydney. 2. Mr NCN has been known to the Tribunal since 2003. The Tribunal appointed the Protective Commissioner as Mr NCN's financial manager on 10 March 2003 with the order to be reviewed within twelve months. At the time of the hearing in 2003 it was reported Mr NCN had a history of substance abuse and a hearing impairment. 3. The Tribunal reviewed the financial management order on 5 March 2004 confirming the Protective commissioner as Mr NCN's financial manager and for the order to be reviewed within twelve months. 4. The Tribunal reviewed the financial management order on 29 September 2005 confirming the Protective Commissioner as his financial manager. 5. The Tribunal received an application from Mr NCN to review the appointment of a financial manager on 7 May 2015. Mr NCN reports there is a need to review the appointment of the financial manager as NSW Trustee and Guardian is withholding too much of his pension. 6. The Tribunal considered the application at a self-applicant directions hearing on 29 June 2015; Mr NCN did not make himself available for the hearing. The matter was adjourned for seven weeks with no directions given. 7. The Tribunal Officer wrote to Mr NCN on 16 July 2015 seeking contact regarding the application and the substantive hearing listed for 17 August 2015; Mr NCN has not responded to the Tribunal Officer's request. 8. The Tribunal considered the application on 17 August 2015 with the matter adjourned for a period of two months, as the Auslan interpreter booked for the hearing did not attend. The Tribunal are referred to the Reasons for Decision. 9. The matter before the Tribunal is an application to review the appointment of a financial manager.