AUB [2017] NSWCATGD 46

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AUB [2017] NSWCATGD 46 Hearing dates: 12 September 2017 Date of orders: 12 September 2017 Decision date: 12 September 2017 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Decision: The guardianship order concerning Mr AUB made on 3 September 2015 is revoked from 12 September 2017. Catchwords: MENTAL HEALTH – Guardianship – end-of-term review of guardianship order – whether subject person continued to be a person in need of a guardian within meaning of Guardianship Act – finding that the evidence did not establish that there was sufficient nexus between the reported disabilities of the subject person and his need for supervision or social habilitation – finding that he was not a "person in need of a guardian" – lapse and revocation order. Legislation Cited: Guardianship Act 1987 (NSW), ss 3, 4, 4(a) Mental Health Act 2007 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Mr AUB (subject person) The NSW Public Guardian (appointed guardian) Representation: Nil File Number(s): NCAT 2012/00404600 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)).

REASONS FOR DECISION

REVIEW OF A GUARDIANSHIP ORDER

What the Tribunal decided 1. The Tribunal decided that the guardianship order made for Mr AUB on 3 September 2015 should lapse and be revoked for the remainder of its term.