BLS [2017] NSWCATGD 10

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLS [2017] NSWCATGD 10 Hearing dates: 13 April 2017 Date of orders: 13 April 2017 Decision date: 13 April 2017 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) Dr S Pulman, Senior Member (Professional) M Williams, General Member (Community) Decision: 1. The application by Ms GNG for a guardianship order to be made for Mr BLS is dismissed. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme – nominee – access to NDIS – need for order – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 14(1) Cases Cited: LBL NSWCATGD [2016] 22 Category: Principal judgment Parties: Mr BLS (subject person) Ms GNG (applicant) The Public Guardian of NSW File Number(s): 51649 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)).

REASONS FOR DECISION

What the Tribunal decided 1. We dismissed the application for a guardianship order.

Background 1. Mr BLS is a 61-year-old man who lives in a group home at West Sydney run by a disability service provider. Ms GNG, practice leader at the service provider, applied for a guardianship order. 2. Mr BLS does not have any involved family or friends from outside his support services.

What did the Tribunal have to decide? 1. We had to decide: * Does Mr BLS have a disability which prevents him from being able to make some important life decisions? * Should we make a guardianship order and if so, what order should we make? 1. To put (1) above more precisely using the words in the Guardianship Act 1987 (NSW), we had to be satisfied that Mr BLS has a disability which restricts him in one or more major life activities to the extent that he requires supervision or social habilitation, and that, as a result, he is at least partially incapable of managing his person. (Guardianship Act, sections 14(1), 3(1) (definition of "person in need of a guardian"), and 3(2))