NVL [2017] NSWCATGD 11

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NVL [2017] NSWCATGD 11 Hearing dates: 29 March 2017 Date of orders: 29 March 2017 Decision date: 29 March 2017 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) Dr I Beale, Senior Member (Professional) M McCalman, General Member (Community) Decision: 1. A guardianship order is made for Ms NVL. 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 NVL to the extent necessary to carry out the functions below.

FUNCTIONS The guardian has the following functions: Health Care - To decide what health care Ms NVL may receive. Medical and Dental Consent - To make substitute decisions about proposed minor or major medical or dental treatment when Ms NVL is not capable of giving a valid consent. Services - To make decisions about services to be provided to Ms NVL. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme – nominee – need for an order – Public Guardian appointed Legislation Cited: National Disability Insurance Scheme Act 2013 (Cth) Guardianship Act 1987 (NSW), ss 4, 14(2) Cases Cited: HKO [2016] NSWCATGD 14 IF v IG [2004] NSWADTAP 3 LBL [2016] NSWCATGD 22 Category: Principal judgment Parties: Ms NVL (subject person) Mr NXG (applicant) The NSW Public Guardian File Number(s): 57899 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)).