SCQ [2015] NSWCATGD 28

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SCQ [2015] NSWCATGD 28 Hearing dates: 1 September 2015 Date of orders: 01 September 2015 Decision date: 01 September 2015 Jurisdiction: Guardianship Division Before: M Schyvens, Deputy President Decision: Financial management order revoked. Catchwords: FINANCIAL MANAGEMENT – whether order should be revoked – best interests – subject person incarcerated in a NSW correctional facility – support for revocation by appointed manager – evidence order was counter-productive – small estate – revocation on the grounds of best interests Legislation Cited: Guardianship Act 1987 (NSW) Cases Cited: H v H (unreported) NSW Supreme Court 20 March 2000 McD v McD (1983) 3 NSWLR 81 PY v RJS [1982] 2 NSWLR 700 Re GHI (a protected person) [2005] NSWSC 581 Category: Principal judgment Parties: Mr SCQ (the protected person) Representation: Separate Representative File Number(s): 28631 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 ordered that the financial management order made on 19 August 2014 in relation to the estate of Mr SCQ be revoked.

Background 1. Mr SCQ is 29 years of age and is currently incarcerated at a correctional facility. 2. On 10 May 2004, the predecessor to the Tribunal, the then Guardianship Tribunal ("the former Tribunal") made a financial management order, committing Mr SCQ's finances to the management of the then Protective Commissioner (now known as the NSW Trustee and Guardian). At a hearing conducted on 19 November 2007, the former Tribunal was satisfied that it was then in the best interests of Mr SCQ that his estate no longer be subject to management and the order was revoked. 3. On 7 October 2011, the former Tribunal made another financial management order for Mr SCQ, and again committed the management of his financial affairs to the NSW Trustee and Guardian. Mr SCQ himself had been the applicant on that occasion. The reasons for that decision indicate that Mr SCQ informed the Tribunal that he then believed that it was in his best interests for a financial manager to be appointed. 4. On 29 March 2012, the former Tribunal received a further application from Mr SCQ, this time seeking the revocation of the financial management order on the grounds that he was then capable of managing his financial affairs, and also on the grounds that it would be in his best interests to revoke that order. A hearing was conducted on 9 July 2012. The former Tribunal confirmed the financial management order at that time. 5. On 9 April 2014, the Tribunal received a further application from Mr SCQ seeking the revocation of a financial management order. A hearing was conducted on 19 August 2014 and the Tribunal decided to confirm the financial management order. 6. On 7 August 2015, the Tribunal received an application from the Chief Executive Officer of the NSW Trustee and Guardian, seeking a revocation of the financial management order pertaining to Mr SCQ's. 7. On 13 August 2015, by its own motion, the Tribunal attended to appointing a separate representative for Mr SCQ. Mr SCQ is currently incarcerated in a NSW correctional facility. As such, he is not necessarily in a position to obtain advice or support in preparing for the hearing to review the management order currently in place over his estate. His incarceration also necessitates the hearing to be conducted by videolink. In these circumstances, to ensure the Tribunal complies with the various duties incumbent upon it, as outlined in s 4 of the Guardianship Act 1987 (NSW), the Tribunal determined it was appropriate that Mr SCQ have a separate representative appointed for the proceedings. 8. The hearing was listed for 1 September 2015.