MZT [2018] NSWCATGD 8

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MZT [2018] NSWCATGD 8 Hearing dates: 14 February 2018 Date of orders: 14 February 2018 Decision date: 14 February 2018 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) M J Staples, Senior Member (Professional) K Laurence, General Member (Community) Decision: The Tribunal decided that Justice Health and Forensic Mental Health Network has standing to make a guardianship and financial management application.

The Tribunal appointed a separate representative for Mr MZT

Today's hearing is adjourned to 4 April 2018 at 9.30am. Catchwords: INTERLOCUTORY – standing – does Justice Health and Forensic Mental Health Network have standing to bring application – 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) – statutory health corporation – whether Justice Health and Forensic Mental Health Network is a "person" Legislation Cited: Guardianship Act 1987, ss 9(1)(d) Health Services Act 1997 (NSW), ss 7(b), 11, 17, 41, 41(2), 41(3), 45 Interpretation Act 1987 (NSW), s 21 Mental Health Act 2007 (NSW), s 68 Mental Health (Forensic Provisions) Act 1990 (NSW) ss 39, 42, 76B Cases Cited: EBI [2017] NSWCATGD 6 Minister for Disability Services v People with a Disability Inc (CSD) [2010] NSWADTAP 44 NEJ [2017] NSWCATGD 1 QVC [2017] NSWCATGD 20 Texts Cited: NSW Ministry of Health, Forensic Mental Health Services Policy Directive (PD2012-050, NSW Ministry of Health, 4 September 2012) Category: Principal judgment Parties: 001: Guardianship Application