FXE [2018] NSWCATGD 4

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FXE [2018] NSWCATGD 4 Hearing dates: 17 January 2018 Date of orders: 23 February 2018 Decision date: 23 February 2018 Jurisdiction: Guardianship Division Before: P H Molony, Senior Member (Legal) S E Taylor, Senior Member (Professional) L Stewart, General Member (Community) Decision: The application for guardianship is dismissed. Catchwords: GUARDIANSHIP – subject person resides in NSW "border town"– medical treatment undertaken in NSW and Victoria – substitute consent provisions in Victoria and New South Wales jurisdiction

GUARDIANSHIP – interstate recognition of guardianship orders – substitute consent provisions in Victoria and New South Wales – whether NCAT orders overriding objection to medical treatment can be registered by VCAT

GUARDIANSHIP – substitute consent for medical treatment for persons aged 16 to 18 in NSW – parental consent to medical treatment – interrelationship between Guardianship Act and "parental responsibility" provisions of Family Law Act 1975 (Cth) Legislation Cited: Family Law Act 1975 (Cth), s 61B-C Guardianship Act 1987 (NSW), div 3 of pt 3, div 5 of pt 5, pt 5, ss 3(1), 3(2), 14, 14(2), 33(3), 33A(4), 34(1), 36, 46(2), 46(4) 46A Guardianship and Administration Act 1986 (Vic), pt 4A, 6A, div 2 of pt 6, ss 26, 42HA(4), 42HA(6), 63A-F, 63F(5), 63G Guardianship and Administration Act 1993 (SA), s 32 Guardianship Regulation 2016 (NSW), cl 10(c) Cases Cited: CR (Guardianship) [2009] VCAT 1188 Department of Health & Community Services v JWB and SMB ("Marion's Case") [1992] HCA 15 EMG v Guardianship and Administration Board of Victoria [1999] NSWSC 501 JAK [2007] NSWGT 23 NGM [2011] NSWGT 7 PT (Guardianship) [2009] VCAT 1187 R v Wallis; Ex parte Employers Association of Wool Selling Brokers (1949) 78 CLR 529 RC (Guardianship) [2007] VCAT 2483 Re Carla (Medical Procedure) [2016] FamCA 7 Category: Principal judgment Parties: Miss FXE (the person concerned) Ms TBE (mother, carer, and applicant) The Public Guardian Representation: J Sloan (Separate Representative) File Number(s): 2017/00275467 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)).