NZD [2017] NSWCATGD 21

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NZD [2017] NSWCATGD 21 Hearing dates: 27 November 2017 Date of orders: 27 November 2017 Decision date: 27 November 2017 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) F E Hilson, General Member (Community) Decision: Interlocutory Application:

The Benevolent Society has standing to apply for a guardianship and financial management order.

On the application by Ms PAF, today's hearing is adjourned to 14 December 2017.

The parties to give to the Tribunal and to all other parties and the separate representative for the person (if any), a copy of any further documents relied upon by 7 December 2017.

001: Guardianship Application

1. The parties to give to the Tribunal and to all other parties and the separate representative for the person (if any), a copy of any further documents relied upon by 7 December 2017. 2. The Benevolent Society is allowed to be legally represented on the issue of whether The Benevolent Society has standing to make the guardianship application. 3. The request by The Benevolent Society to be otherwise legally represented in the guardianship application is refused. 4. On the application by PAF, today's hearing is adjourned to 14 December 2017.

002: Financial Management Application

1. The parties to give to the Tribunal and to all other parties and the separate representative for the person (if any), a copy of any further documents relied upon by 7 December 2017. 2. The Benevolent Society is allowed to be legally represented on the issue of whether The Benevolent Society has standing to make the financial management application. 3. The request by The Benevolent Society to be otherwise legally represented in the financial management application is refused. 4. On the application by PAF, today's hearing is adjourned 14 December 2017. Catchwords: INTERLOCUTORY – standing – does The Benevolent Society have standing to apply for a guardianship and financial management order – 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 The Benevolent Society is a "person" Legislation Cited: Corporations Act 2001 (Cth) Guardianship Act 1987 (NSW), s 9(1)(d) Interpretation Act 1987 (NSW), s 21 Cases Cited: CJH v Department of Family and Community Services [2016] NSWCATAD 162 EBI [2017] NSWCATGD 6 KA v Public Guardian & Ors [2004] NSWADTAP 25 Minister for Disability Services v People With a Disability Inc (CSD) [2010] NSWADTAP 44 NEJ [2017] NSWCATGD 1 QVC [2017] NSWCATGD 20 Category: Principal judgment Parties: Mr NZD (the person) The Benevolent Society (applicant) Ms PAF (carer) Public Guardian NSW Trustee and Guardian Representation: L Rogers (The Benevolent Society) File Number(s): NCAT 2017/00329005 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)).