HRM [2016] NSWCATGD 30

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HRM [2016] NSWCATGD 30 Hearing dates: 19 September 2016 Date of orders: 29 November 2016 Decision date: 29 November 2016 Jurisdiction: Guardianship Division Before: A Britton, Principal Member B McPhee, Senior Member (Professional) J Koussa, General Member (Community) Decision: 1. Guardianship order in respect of HRM, appointing the Public Guardian as guardian for a period of 12 months to make decisions about accommodation, healthcare, and services. 2. Consented to JAH's application to withdraw the application for consent to "special treatment". Catchwords: GUARDIANSHIP – forensic patient – jurisdiction – no material inconsistency between the general principles to be applied under the Guardianship Act and the objects of the Mental Health (Forensic Provisions) Act – need for a guardianship order – less restrictive regime available under Guardianship Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 6, cl 10, s 55(1)(a) Guardianship Act 1987 (NSW), Pt 5, ss 3C, 3(1), 3(2), 4, 14, 14(2), 14(2)(a)(ii), 15(3), 17(3), 34 Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), cl 10 of sch 1, ss 24, 40, 47(1)(b), 75 Cases Cited: ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 Attorney General of NSW v HRM [2016] NSWSC 1189 Butler v Attorney General (Victoria) [1961] HCA 32; (1961) 106 CLR 268 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 ERC [2015] NSWCATGD 14 P v NSW Trustee and Guardian [2015] NSWSC 579 Category: Principal judgment Parties: Mr HRM (subject person) JAH (applicant) The NSW Public Guardian Representation: Separate Representation File Number(s): 41139 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)).