TZS [2018] NSWCATGD 27

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TZS [2018] NSWCATGD 27 Hearing dates: 2 February 2018 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) Dr M J Wroth, Senior Member (Professional) L Stewart, General Member (Community) Decision: Guardianship Application

1. A guardianship order is made for TZS.

2. The Public Guardian and NZN are appointed separately as the guardians.

3. This is a continuing guardianship order for a period of 12 months from 2 February 2018.

4. This is a limited guardianship order giving the guardian(s) custody of TZS to the extent necessary to carry out the functions below.

FUNCTIONS: NZN

5. NZN has the following functions:

a) Advocacy

To advocate generally for TZS.

b) Accommodation

To decide where TZS may reside.

FUNCTIONS: The Public Guardian

6. The Public Guardian has the following function:

a) Services

To make decisions about services to be provided to TZS including advocacy services to facilitate her eligibility and entitlement to funding from the National Disability Insurance Agency (NDIA).

CONDITION:

7. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring TZS to an understanding of the issues and to obtain and consider her views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – interstate order – jurisdiction where subject person moving between states – functions of guardian – guardians appointed with separate functions Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 14, 14(2), 17(1) National Disability Insurance Scheme Act 2013 (Cth), ss 18, 19(1) National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth), r 2.1 Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep IF v IG [2004] NSWADTAP 3 KCG [2014] NSWCATGD 7 LBL [2016] NSWCATGD 22 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: Guardianship Application