NSW Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Carl (a pseudonym) [2024] NSWCATGD 25 Hearing dates: 6 November 2024 Date of orders: 6 November 2024 Decision date: 06 November 2024 Jurisdiction: Guardianship Division Before: L Davidson, Senior Member (Legal)
Dr M A Martin, Senior Member (Professional)
Dr M A Smith OAM, General Member (Community)Decision: Guardianship Application
Christina is joined as Party.
HammondCare Health and Hospitals Limited had standing to bring the application to the Tribunal.
1. A guardianship order is made for Carl.
2. The Public Guardian is appointed as the guardian.
3. This is a continuing guardianship order for a period of 12 months from 6 November 2024.
4. This is a limited guardianship order giving the guardian custody of Carl to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Accommodation
To decide where Carl may reside.
b) Health care
To decide what health care Carl may receive.
c) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where Carl is not capable of giving a valid consent.
d) Services
To make decisions about services to be provided to Carl.
CONDITION:
6. The condition of this order is:
a) Standard Condition
In exercising this role, the guardian shall take all reasonable steps to bring Carl to an understanding of the issues and to obtain and consider his views before making significant decisions.
Financial Management Application
Christina is joined as Party.
HammondCare Health and Hospitals Limited had standing to bring the application to the Tribunal.
1. The estate of Carl is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. Christina, of [Address removed for publication], is appointed as the financial manager of the estate.
NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.
Catchwords: GUARDIANSHIP – guardianship application – financial management application – where the applicant for a guardianship order is a public company and a registered charity – where the applicant seeking a financial management order is a public company and registered charity – whether the applicant has standing to bring a guardianship application under s 9(1) of the Guardianship Act – whether the applicant is a “person” within the meaning of the Guardianship Act – whether the applicant has a genuine concern for the welfare of the person – the applicant deemed to have standing– public guardian appointed – private financial manager appointed.
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 44(1); cl 7(1), Sch 6
Corporations Act 2021 (Cth), s 119
Health Services Act 1997 (NSW), Ch 5
Interpretation Act 1987 (NSW), s 21; Sch 4
Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 4(e), 9(1)(d), 14, 14(2), 15(3), 17(1), 25I(1)(b), 25M
Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503
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- AGLC
- Carl (a pseudonym) [2024] NSWCATGD 25
- Case
- [2024] NSWCATGD 25
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Guardianship Application
Christina is joined as Party.
HammondCare Health and Hospitals Limited had standing to bring the application to the Tribunal.
1. A guardianship order is made for Carl.
2. The Public Guardian is appointed as the guardian.
3. This is a continuing guardianship order for a period of 12 months from 6 November 2024.
4. This is a limited guardianship order giving the guardian custody of Carl to the extent necessary to carry out the functions below.
FUNCTIONS:
5. The guardian has the following functions:
a) Accommodation
To decide where Carl may reside.
b) Health care
To decide what health care Carl may receive.
c) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where Carl is not capable of giving a valid consent.
d) Services
To make decisions about services to be provided to Carl.
CONDITION:
6. The condition of this order is:
a) Standard Condition
In exercising this role, the guardian shall take all reasonable steps to bring Carl to an understanding of the issues and to obtain and consider his views before making significant decisions.
Financial Management Application
Christina is joined as Party.
HammondCare Health and Hospitals Limited had standing to bring the application to the Tribunal.
1. The estate of Carl is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. Christina, of [Address removed for publication], is appointed as the financial manager of the estate.
NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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