ODK [2017] NSWCATGD 2

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ODK [2017] NSWCATGD 2 Hearing dates: 31January 2017 Date of orders: 31 January 2017 Decision date: 31 January 2017 Jurisdiction: Guardianship Division Before: J Anderson, Senior Member (Legal) Dr I Beale, Senior Member (Professional) D Sword, General Member (Community) Decision: 1. A guardianship order is made in respect of Mr ODK. 2. Mrs KBI is appointed as the guardian. 3. Mr CMK is appointed as the alternative guardian. 4. This is a continuing guardianship order for a period of 18 months from the date of this order. 5. This is a limited guardianship order giving the guardian custody of Mr ODK to the extent necessary to carry out accommodation, advocacy, health care, medical and dental consents and services functions. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme – nominee – need for an order – private guardian and alternative guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 15(3), 17(1) 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 P v D1 & Ors [2011] NSWSC 257 Re B [2011] NSWSC 1075 Category: Principal judgment Parties: Mr ODK (subject person) Mrs KBI (applicant) Mr CMK (applicant) The NSW Public Guardian File Number(s): 64453 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)).