UIO [2016] NSWCATGD 5

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UIO [2016] NSWCATGD 5 Hearing dates: 11 February 2016 Date of orders: 11 February 2016 Decision date: 11 February 2016 Jurisdiction: Guardianship Division Before: B Hughes, Senior Member (Legal) S Stone, Senior Member (Professional) L Stewart, General Member (Community) Decision: Application for guardianship dismissed. Catchwords: GUARDIANSHIP – application for a guardianship order – where subject person is in custody and due for release – urgent application – application of section 14 of the Guardianship Act 1987 (NSW) – 'person in need of a guardian' – change in cognitive ability due to medications – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), and 14 Category: Principal judgment Parties: Mrs UIO (the subject person) Ms CMT (the substitute applicant) Mr IBE (spouse) The NSW Public Guardian Representation: Nil File Number(s): 61752 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

GUARDIANSHIP APPLICATION

What the Tribunal decided 1. The Tribunal dismissed the application for guardianship brought by Ms SVF in relation to Mrs UIO.

Background 1. Mrs UIO is a 46-year old woman of Vietnamese heritage who at the time of the application and hearing was completing a custodial sentence at a correctional centre in Sydney. She was due to be released from custody on 14 February 2016. 2. Mrs UIO has a spouse, Mr IBE, who lives at West Sydney. 3. The original applicant, Ms SVF, is a Nursing Unit Manager with Justice Health. The application for the appointment of a guardian was lodged at the Tribunal on 2 February 2016. 4. The matter was listed on an urgent basis due to Mrs UIO's imminent release from custody. Ms CMT, a Nursing Unit Manager with Justice Health, became the substitute applicant.