NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BYG [2018] NSWCATGD 35 Hearing dates: 4 December 2018 Date of orders: 04 December 2018 Decision date: 04 December 2018 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Decision: Today's hearing is adjourned to 21 February 2019 at 10:30AM. Catchwords: GUARDIANSHIP – requested review of guardianship order – operation and effect of enduring guardianship appointment – possibility of decisions being made by enduring guardian – mental health – voluntary patient – relationship between Guardianship Act 1987 (NSW) and Mental Health Act 2007 (NSW) – ability of enduring guardian to consent to voluntary admission Legislation Cited: Guardianship Act 1987 (NSW), Pts 3, 5, ss 4 Mental Health Act 2007 (NSW), ss 3, 4, 6, 6A, 6M, 7, 14(2)(d), 25(6), 61 Cases Cited: EBI [2017] NSWCATGD 6 NVP [2016] NSWCAT GD1 Texts Cited: Nil Category: Principal judgment Parties: 003: Requested Review of Guardianship Order
BYG (the person) St Vincent's Hospital Sydney Ltd trading as St Joseph's Hospital (applicant) EBG (appointed guardian and enduring guardian) Representation: Nil File Number(s): NCAT 2018/00246151 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
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