SMD [2015] NSWCATGD 40

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SMD [2015] NSWCATGD 40 Hearing dates: 14 October 2015 Date of orders: 14 October 2015 Decision date: 14 October 2015 Jurisdiction: Guardianship Division Before: G Moin, Senior Member (Legal) M Matheson, Senior Member (Professional) S Barnes, General Member (Community) Decision: The Public Guardian was appointed as guardian for 12 months with authority to make decisions on accommodation, including the authority to authorise others to assist with the implementation of decisions, healthcare, medical and dental treatment, and to override objections to treatment, services, travel outside Australia and surrender of passport pending decisions about travel. Catchwords: GUARDIANSHIP – where the subject person is an involuntary patient in a hospital mental health unit – application made by social worker – subject person was given notice of hearing but refused to participate – hearing scheduled by videoconference at the mental health unit to enable subject person to attend – Tribunal satisfied that subject person was given reasonable notice of hearing – requirements of procedural fairness in light of section 4 principles of the Guardianship Act 1987 (NSW) – hearing proceeded in absence of subject person – need for a formal guardianship order – best interests of the subject person's health and wellbeing – application override objections to medical treatment – subject person refuses to have blood tests – where subject person has previously been hospitalised in psychiatric wards during travel overseas Legislation Cited: Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Cases Cited: GM v Guardianship Tribunal; GM v Protective Commissioner [2003] NSWADTAP 59 Hopkins v Smethwick Board of Health (1890) 24 QBD 712 IF v IG [2004] NSWADTAP 3 Kioa v West [1985] CLR 550 LA v Protective Commissioner [2004] NSWADTAP 39 Category: Principal judgment Parties: Ms SMD (subject person) Ms UQV (substitute applicant) The Public Guardian Representation: Nil File Number(s): 60470 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)).