NVQ [2016] NSWCATGD 38

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NVQ [2016] NSWCATGD 38 Hearing dates: 21 October 2016 Date of orders: 21 October 2016 Decision date: 21 October 2016 Jurisdiction: Guardianship Division Before: A Britton, Principal Member I Beale, Senior Member (Professional) P Davidson, General Member (Community) Decision: 1. The guardianship order for Mr NVQ made by the Tribunal on 9 December 2015 is renewed and varied as follows.

2. This is a continuing guardianship order for a period of 12 months from the date of this order.

3. The Public Guardian is appointed as the guardian. 4. This is a limited guardianship order giving the guardian custody of Mr NVQ to the extent necessary to carry out the functions referred to below.

1. The estate of Mr NVQ is subject to management under the NSW Trustee and Guardian Act 2009.

2. The management of the estate of Mr NVQ is committed to the NSW Trustee and Guardian.

3. This order be reviewed by the Tribunal within 12 months.

4. The following specified part of the estate is excluded from this financial management order:

• Any pension or benefit received by Mr NVQ from Centrelink. Catchwords: GUARDIANSHIP –review of guardianship order – competing considerations under s 4 Guardianship Act –– whether Public Guardian can be given "legal instruction" function

FINANCIAL MANAGEMENT – power of NSW Trustee and Guardian in relation to a compensation claim made on behalf of a protected person Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cl 5 of sch 6 Guardianship Act 1987 (NSW), ss 3(2), 4, 14, 16, 21, 21(1), 21(2A), 25(2), 25C(2), 25E(2), 25G, 25G(a); Pt 3, Pt 3A NSW Trustee and Guardian Act 2009 (NSW), ss 16, 16(s), 25E, 38 Cases Cited: HH v HI and Protective Commissioner [2009] NSWADTAP 41 IF v IG & Ors [2004] NSWADTAP 3 MN v AN (1989) 16 NSWLR 525 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Application for partial management orders [2014] NSWSC 1468 Category: Principal judgment Parties: Mr NVQ (subject person and applicant) The NSW Public Guardian The NSW Trustee and Guardian Representation: Separate Representation File Number(s): 217 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)).