BSC [2019] NSWCATGD 22

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BSC [2019] NSWCATGD 22 Hearing dates: 7 November 2019 Date of orders: 07 November 2019 Decision date: 07 November 2019 Jurisdiction: Guardianship Division Before: A D Suthers, Principal Member A M Matheson, Senior Member (Professional) M A Oxenham, General Member (Community) Decision: 1. A guardianship order is made for BSC.

2. WQC of [address removed for publication] is appointed as the guardian.

3. This is a continuing guardianship order for a period of one year from 7 November 2019.

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

FUNCTION:

5. The guardian has the following function:

a) Legal services

To make decisions for BSC in relation to access to legal services.

CONDITION:

6. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring BSC to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – subject person with traumatic brain injury – whether a guardianship order should be made – family law proceedings – capacity to instruct – subject person supports an order being made – subject person has supportive parents – private guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW) ss 3(1)-(2), 4, 14(1)-(2), 15(3) Cases Cited: CS and MY v The Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) Re B [2011] NSWSC 1075 W v G [2003] NSWSC 1170 Texts Cited: Nil Category: Principal judgment Parties: BSC (the person) WQC (applicant, carer) Public Guardian Representation: Nil File Number(s): NCAT 2015/00385758 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)).