TQX [2016] NSWCATGD 56

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TQX [2016] NSWCATGD 56 Hearing dates: 4 November 2016 Date of orders: 04 November 2016 Decision date: 04 November 2016 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr C West, Senior Member (Professional) L Porter, General Member (Community) Decision: 1. A guardianship order is made for Mr TQX. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 18 months from the date of this order. 4. This is a limited guardianship order giving the guardian custody of Mr TQX to the extent necessary to carry out health care, medical and dental consent and services functions. 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 ADHC accommodation service to non-government sector – Public Guardian appointed Legislation Cited: National Disability Insurance Scheme Act 2013 (Cth), s 18; Parts 2 and Part 5 Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 15(3) 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: NDIS Operational Guideline – Gateway – Making an access request Category: Principal judgment Parties: Mr TQX (subject person) Ms UMQ (applicant) The NSW Public Guardian File Number(s): 39661 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)).