MDM [2017] NSWCATGD 5

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MDM [2017] NSWCATGD 5 Hearing dates: 23 February 2017 Date of orders: 23 February 2017 Decision date: 23 February 2017 Jurisdiction: Guardianship Division Before: R Booby, Senior Member (Legal) M Staples, Senior Member (Professional) B Epstein-Frisch, General Member (Community) Decision: 1. A guardianship order is made for the unidentified female Ms MDM. 2. The Public Guardian is appointed as the guardian. 3. This is a temporary guardianship order for a period of 30 days from the date of this order. 4. This is a limited guardianship order giving the guardian custody of Ms MDM to the extent necessary to carry out Identity Assessment, Release of Identity, Health Care and Medical and Dental Consent functions. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person found comatose – identity unknown – medical evidence required to identify – biological samples – fingerprint – DNA – withdrawal of medical treatment – withdrawal of medical treatment authorised under a health care function – 30 day temporary guardianship order made Legislation Cited: Guardianship Act 1987 (NSW), Part 5, ss 3(1), 3(2), 4, 14, 14(2), 17(4), 18(2) Cases Cited: FI v Public Guardian [2008] NSWADT 263 IF v IG [2004] NSWADTAP 3 Category: Principal judgment Parties: Ms MDM (subject person) Detective TNU (applicant) The NSW Public Guardian File Number(s): 65032 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)).