LBL [2016] NSWCATGD 22

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LBL [2016] NSWCATGD 22 Hearing dates: 29 September 2016 Date of orders: 29 September 2016 Decision date: 29 September 2016 Jurisdiction: Guardianship Division Before: Simpson J, Senior Member (Legal) Duffy F, Senior Member (Professional) Epstein-Frisch B, General Member (Community) Decision: Application for guardianship dismissed. Financial management order made; NSW Trustee and Guardian appointed. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme nominee provisions – person responsible available and willing to act and advocate – principle of least restriction – application dismissed

FINANCIAL MANAGEMENT – application for financial management order – need for an order – NSW Trustee and Guardians appointed Legislation Cited: National Disability Insurance Scheme Act 2013 (Cth), s 100 Guardianship Act 1987 (NSW), ss 3E, 4, 14(2), 33A(4) Cases Cited: HKO [2016] NSWCATGD 14 IF v IG [2004] NSWADTAP 3 KCG [2014] NSWCATGD 7 Category: Principal judgment Parties: Ms LBL (subject person) Mr MPX (applicant) The NSW Trustee and Guardian The NSW Public Guardian Representation: NIL File Number(s): 2553 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)).