TYC [2018] NSWCATGD 24

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TYC [2018] NSWCATGD 24 Hearing dates: 27 July 2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Jurisdiction: Guardianship Division Before: A Britton, Principal Member L Anthony, Senior Member (Professional) S Fogg, General Member (Community) Decision: The application for a guardianship order is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – reason to make order – possibility for decisions to be made on an informal basis – principle of least restriction – consideration of views of subject person – discretion to make a guardianship order – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Cl 5 of Sch 6 Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 14(1)-(2), 14(2)(a)(ii) Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 005: Guardianship Application

TYC (the person) Ms BIX (applicant) Public Guardian Representation: Nil File Number(s): NCAT 2009/00475006 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 1. Twenty-six-year-old Ms TYC lives in southwest Sydney, New South Wales. Ms TYC has a mild intellectual disability. She has two infant children. In June 2018, Ms BIX, a support worker with a service provider, made an application to the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) seeking a guardianship order in respect of Ms TYC (the Application). 2. In the Application under the heading "Need for a guardian", Ms BIX wrote: [Ms TYC] had been diagnosed with an intellectual disability and is currently the primary caregiver of two infants. [Ms TYC] would benefit from the guardianship order to advocate and ascertain her rights within the certain faculties of her life. 1. Since 2009 Ms TYC's estate has been managed by the NSW Trustee and Guardian. 2. For the reasons that follow, we have decided not to exercise the power to make a guardianship order in respect of Ms TYC.