NEJ [2017] NSWCATGD 1

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NEJ [2017] NSWCATGD 1 Hearing dates: 27 January 2017 Date of orders: 27 January 2017 Decision date: 27 January 2017 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) W Blaxland, Senior Member (Professional) J Green, General Member (Community) Decision: 1. A guardianship order is made for Ms NEJ. 2. Mr KAJ, Ms SBJ and Mr TCJ are appointed as the joint guardians. 3. This is a continuing guardianship order for a period of 9 months from the date of this order. 4. This order will not be reviewed at the end of the above period. 5. This is a limited guardianship order giving the guardian custody of Ms NEJ to the extent necessary to carry out the functions below. Catchwords: GUARDIANSHIP – person in need of a guardian – need for accommodation and services function – limited non-reviewable order in best interests – private guardians appointed

INTERLOCUTORY – standing – whether a Local Health District has standing to apply for a guardianship order – consideration of s 9(1)(d) of the Guardianship Act 1987 (NSW) – "genuine concern for the welfare of the person" – consideration of s 21 of the Interpretation Act 1987 (NSW) – whether a Local Health District is a "person" Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW), s 29 Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 9(1)(d), 9(2), 14, 14(2), 17(1) Health Services Act 1997 (NSW), ss 8(2), 9, 10, 17, 22 Interpretation Act 1987 (NSW), ss 5(2), 21 Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep IF v IG [2004] NSWADTAP 3 Minister for Disability Services v People with Disability Australia Inc. (CSD) [2010] NSWADTAP 44 CJH v Department of Family and Community Services [2016] NSWCATAD 162 P v D1 [2011] NSWSC 257 Re B [2011] NSWSC 1075 TC v Public Guardian [2006] NSWADTAP 15 Texts Cited: Ministry of Health - System Relationships and Frameworks, The Guardianship Application Process for Adult Inpatients of NSW Health Facilities, (Guideline No GL2016_026, NSW Ministry of Health, 4 November 2016). Category: Principal judgment Parties: Ms NEJ (subject person) South Western Sydney Local Health District (applicant) The NSW Public Guardian Representation: Nil File Number(s): 64638 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)).