UZX [2020] NSWCATGD 3

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UZX [2020] NSWCATGD 3 Hearing dates: 2 and 3 April 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member J L Newman, General Member (Community) Decision: The guardianship order for UZX made on 2 August 2019 has been reviewed. The order now is as follows:

1. The Public Guardian is appointed as the guardian.

2. This is a continuing guardianship order for a period of 12 months from 2 August 2019.

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

FUNCTIONS:

4. The guardian has the following functions:

a) Accommodation

To decide where UZX may reside.

b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to:

i) take UZX to a place approved by the guardian.

ii) keep them at that place.

iii) return them to that place should they leave it.

c) Services

To make decisions about services to be provided to UZX.

CONDITION:

5. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring UZX to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – review of guardianship order – requested review of guardianship order – whether guardianship order should be varied – COVID-19 – pandemic – Public Health Act – Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 – subject person unable to understand the need to self-isolate – subject person often found wandering the streets – subject person presents a potential risk to their own health – where service providers have withdrawn their services due to fear of health risks – practicability of services being provided to the subject person without a guardianship order – section 62 of the Public Health Act – whether a public health order could be made in respect of the subject person – no other avenue by which subject person's welfare and interests could be promoted in light of self-isolation requirements – guardianship order varied so that guardian may authorise ambulance and police services to implement accommodation decisions. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 4(b), 4(d), 4(f)-(g), 14(2), 14(2)(d), 15(3) Public Health Act 2010 (NSW), ss 3(2), 7, 51(1), 62, 62(1)(b), s 62(1)(b)(i), 62(2)(d), 62(4), 62(6), 65, Sch 1, Sch 1A, Pt 4 Div 4 Public Health Regulation, cls 39, 39(1), 39(1)(b) Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020, cls 4-6 Cases Cited: IF v IG [2004] NSWADTAP 3 NIQ [2014] NSWCATGD 28 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 003: Requested Review of Guardianship Order