QVC [2017] NSWCATGD 20

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QVC [2017] NSWCATGD 20 Hearing dates: 17 May 2017 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Guardianship Division Before: R Bailey, Senior Member (Legal) Decision: 1. The Tribunal decided that Calvary Health Care (Newcastle) Ltd has standing to make a guardianship application for a patient. Catchwords: INTERLOCUTORY – standing – does Calvary Health Care (Newcastle) Limited have standing to bring application –"affiliated health organisation" – consideration of s 9(1)(d) of the Guardianship Act 1987 (NSW) – "genuine concern for the welfare of the person" – consideration of s 21 of the Interpretation Act 1987 (NSW) – whether Calvary Health Care (Newcastle) Limited is a "person" Legislation Cited: Guardianship Act 1987, ss 9, 9(1)(d) Health Services Act 1997 (NSW), ss 13(3) 15(c), 62A, Sch 3 Interpretation Act 1987 (NSW), s 21 Cases Cited: EBI [2017] NSWCATGD 6 Minister for Disability Services v People With a Disability Inc (CSD) [2010] NSWADTAP 44 CJH v Department of Family and Community Services [2016] NSWCATAD 162 Texts Cited: Nil Category: Principal judgment Parties: Ms QVC (subject person) Calvary Health Care (Newcastle) Limited (applicant) The NSW Public Guardian Representation: Nil File Number(s): 65668 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)).