NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LOS [2017] NSWCATGD 24 Hearing dates: 25 September 2017 Date of orders: 25 September 2017 Decision date: 25 September 2017 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal) W E Blaxland, Senior Member (Professional) D R Sword, General Member (Community) Decision: 1. A guardianship order is made for Mr LOS. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 25 September 2017. 4. This is a limited guardianship order giving the guardian custody of Mr LOS to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Travel To make decisions about whether or not Mr LOS can travel to any place outside Australia. b) Passport To make a decision about whether or not Mr LOS applies for a passport. CONDITIONS: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring Mr LOS to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – application for guardianship order – concerns about the person travelling overseas – risk to himself and others – travel and passport function – Public Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 14, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: Mr LOS (subject person) Northern Sydney Local Health District (applicant) Ms DAC (carer) The Public Guardian Representation: Nil File Number(s): NCAT 2010/00439038 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)).
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