DNS [2016] NSWCATGD 6

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DNS [2016] NSWCATGD 6 Hearing dates: 26 February 2016 Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) S Fogg, General Member (Community) Decision: Guardianship order renewed and varied. Public and Private Guardians appointed for 12 months with separate functions. Public Guardian given the authority to make decisions about accommodation; Private Guardian given the authority to make decisions about health care and consent to medical and dental treatment.

Application to be joined as a party refused. Catchwords: GUARDIANSHIP – end of term review of guardianship order – subject person absent from the hearing – welfare and interests of the subject person considered – section 4, Guardianship Act 1987 (NSW) – access function sought – guardianship order renewed and varied – public and private guardians appointed with separate functions

INTERLOCUTORY – application to be joined as a party – consideration of applicable principles – section 44(1), Civil and Administrative Tribunal Act 2013 (NSW) – application dismissed

PROCEDURE – video evidence provided to the Tribunal – relevance of evidence – privacy and consent of subject person – consideration of section 36, Civil and Administrative Tribunal Act 2013 (NSW) – evidence not provided to parties Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36 and 44 (1)(a), 49 (2); cl 7 and 7(1) of sch 6 Guardianship Act 1987 (NSW), ss 3F, 4, 6K (3), 14(2), 17(1) Powers of Attorney Act 2003 (NSW), ss 33 to 35, 35(3), 36(4)(f) Cases Cited: Kioa v West [1985] HCA 81; (1985) 159 CLR 550 LA v Protective Commissioner [2004] NSWADTAP 39 Category: Principal judgment Parties: Mrs DNS (person under guardianship) Mrs KBS (an appointed guardian of Mrs DNS) The Public Guardian (an appointed guardian of Mrs DNS) Representation: Nil File Number(s): 57583 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify a person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).