NDH [2017] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NDH [2017] NSWCATGD 12 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) Belinda Epstein-Frisch, General Member (Community) Decision: Guardianship 1. The application by Mr QAH for a guardianship order to be made for Mr NDH is dismissed.

Financial management 1. The estate of Mr NDH is subject to management under the NSW Trustee and Guardian Act 2009.

2. Mr QAH is appointed as the financial manager of the estate. Catchwords: GUARDIANSHIP – application for guardianship order – National Disability Insurance Scheme – nominee provisions – NDIS plan approved – nominee appointment should be pursued if needed – no need for an order – application dismissed

FINANCIAL MANAGEMENT – application for financial management order – National Disability Insurance Scheme – need for an order – private financial manager appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2), 25M National Disability Insurance Scheme Act 2013 (Cth), ss 3, 4, 5, 6, 17A(1), 17A(2), 17A(3), 18, 31, 32, 33, 33(2), 42(2), 78(1), 78(5), 80, 81, 82, 87, 86(1), 86(6), 88(1), 88(2), 88(4) NDIS (Becoming a Participant) Rules 2016 (Cth), r 2.1 National Disability Insurance Scheme (Nominees) Rules 2013 (Cth), rr 3.4,3.9, 3.14, 5.8, 5.9, 5.10, 5.12 Cases Cited: Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 KCG [2014] NSWCATGD 7 P v NSW Trustee and Guardian [2015] NSWSC 579 Category: Principal judgment Parties: Mr NDH (subject person) Mr QAH (brother and applicant) The NSW Trustee and Guardian The NSW Public Guardian File Number(s): 64781 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)).