QCM [2015] NSWCATGD 38

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QCM [2015] NSWCATGD 38 Hearing dates: 26 October 2015 Date of orders: 26 October 2015 Decision date: 26 October 2015 Jurisdiction: Guardianship Division Before: R Booby, Senior Member (Legal) S Stone, Senior Member (Professional) J Koussa, General Member (Community) Decision: 1. Public Guardian appointed for a period of 12 months to make decisions about health care, medical and dental treatment and services.

2. Public Guardian authorised to override objections to treatment. Catchwords: GUARDIANSHIP – application for guardianship order – existence of a Community Treatment Order under the Mental Health Act – interaction between the Guardianship and the Mental Health Act – effect of s 3C of the Guardianship Act – whether need for a guardian to make decisions about health care and services – no private person available – public guardian's view's considered – public guardian appointed

PRACTICE AND PROCEDURE – separate representative appointed – where the person who was the subject of the application did not participate in the hearing – notice adequately served – hearing proceeded in the person's absence Legislation Cited: Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Clyde Engineering Co Ltd V Cowburn (1926) 37 CLR IF v IG [2004] NSWADTAP 3 Leon Fink Holdings Pty Ltd v Australian Film Commission (1979) 141 CLR 672 Category: Principal judgment Parties: Ms QCM (subject person) Ms JAC (applicant) The Public Guardian Representation: Separate Representative File Number(s): 59787 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)).