ZBU [2016] NSWCATGD 11

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZBU [2016] NSWCATGD 11 Hearing dates: 28 January 2016 Date of orders: 28 January 2016 Decision date: 28 January 2016 Jurisdiction: Guardianship Division Before: P Molony, Senior Member (Legal) M Matheson, Senior Member (Professional) C Gerloff, General Member (Community) Decision: Guardianship order lapsed.

Financial management order revoked. Catchwords: GUARDIANSHIP – review– where subject person is in Japan at the time of the hearing– order not renewed.

FINANCIAL MANAGEMENT – review – no assets in Australia – no practical utility – no need for an order – order revoked. Category: Principal judgment Parties: Mr ZBU (person under guardianship and protected person) The NSW Public Guardian The NSW Trustee and Guardian Representation: Nil File Number(s): 59863 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

STATUTORY REVIEW OF GUARDIANSHIP ORDER AND REVIEW OF FINANCIAL MANAGEMENT ORDER

What the Tribunal decided 1. The Tribunal reviewed the previous guardianship order concerning Mr ZBU made on 22 July 2015 and decided the order should lapse. 2. The Tribunal revoked the financial management order it made on 22 July 2015 in relation to Mr ZBU.

Background 1. Mr ZBU is a 41-year-old Japanese man who came to Australia in 2015 to study. While in Australia, he experienced a recurrence of his previously diagnosed life-threatening anorexia nervosa and severe obsessive compulsive disorder. This resulted in a number of admissions to hospitals. 2. On 19 June 2015, he was admitted to a public hospital in a very poor physical state, with neurological impairment secondary starvations. Mr ZBU was reported to be resisting treatment (turning off feeding tubes). He was assessed as being cognitively impaired as a result of his condition. Those treating him considered that he would best be treated in Japan, where he could communicate with others in a culturally familiar environment. 3. As a consequence, a social worker from the public hospital made an application to the Tribunal to appoint a guardian and financial manager for Mr ZBU. 4. On 22 July 2015, the Tribunal appointed the Public Guardian as Mr ZBU's guardian for six months with the functions of advocacy, health care, legal services, medical and dental consents, services, and transport and travel. The guardian was given coercive powers and the authority to override Mr ZBU's objections to medical treatments. 5. The Tribunal also committed Mr ZBU's estate to the management of the NSW Trustee and Guardian. That order was to be reviewed in six months' time. 6. This panel of the Tribunal was reviewing both the guardianship order with respect to Mr ZBU and the financial management order on their expiration.