SPQ [2016] NSWCATGD 42

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SPQ [2016] NSWCATGD 42 Hearing dates: 19 September 2016 Date of orders: 19 September 2016 Decision date: 19 September 2016 Jurisdiction: Guardianship Division Before: A Suthers, Senior Member (Legal) Dr M Wroth, Senor Member (Professional) L Porter Decision: 1. A guardianship order is made for Ms SPQ. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 3 years from the date of this order. 4. This is a limited guardianship order giving the guardian custody of Ms SPQ to the extent necessary to carry out the services function. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme – need for an order – no family or advocate – access to NDIS – nominee provisions – NDIS first and second planning processes – transfer of Ageing, Disability and Home Care accommodation service to non-government sector – Public Guardian appointed Legislation Cited: National Disability Insurance Scheme Act 2013 (Cth), s 18; Part 2, Part 5 Guardianship Act 1987 (NSW), ss 4, 14(2) National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth), rule 2.1 National Disability Insurance Scheme (Nominees) Rules 2013 (Cth) Cases Cited: IF v IG [2004] NSWADTAP 3 KCG [2014] NSWCATGD 7 Texts Cited: National Disability Insurance Agency, "Developing your NDIS plan" myplace.ndis.gov.au/ndisstorefront/html/sites/default/files/Fact%20sheet%20-%20Developing%20your%20NDIS%20plan.pdf accessed 19 September 2016 Category: Principal judgment Parties: Ms SPQ (subject person) Mr OZN (applicant) The NSW Trustee and Guardian The NSW Public Guardian Representation: Nil File Number(s): 4205 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)).