Christina (a pseudonym) - [2025] NSWCATGD 8

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Christina (a pseudonym) [2025] NSWCATGD 8
Hearing dates: 3 February 2025
Date of orders: 3 February 2025
Decision date: 03 February 2025
Jurisdiction: Guardianship Division
Before: B L Bowman, Senior Member (Legal)
M Bain, Senior Member (Professional)
J V Le Breton, General Member (Community)
Decision:
Guardianship
1. A guardianship order is made for Christina.
2.   The Public Guardian is appointed as the guardian.
3.   This is a continuing guardianship order for a period of 12 months from 3 February 2025.
4.   This is a limited guardianship order giving the guardian(s) custody of Christina to the extent necessary to carry out the functions below.
FUNCTIONS:
5.   The guardian has the following functions:
a)   Access
To decide what access Christina has to others and the conditions of access, effective from 27 February 2025.
b)   Advocacy
To advocate generally for Christina.
c)   Accommodation
To decide where Christina may reside, effective from 27 February 2025.
d) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to:
i)   take Christina to a place approved by the guardian.
ii)   keep her at that place.
iii)   return her to that place should she leave it, effective from 27 February 2025.
e) Health care
To decide what health care Christina may receive, effective from 27 February 2025.
f) Medical/Dental consent
To make substitute decisions about proposed minor or major medical or dental treatment, where Christina is not capable of giving a valid consent, effective from 27 February 2025.
g) Services
To make decisions about services to be provided to Christina, effective from 27 February 2025.
h) Restrictive Practices
To give or withhold consent to restrictive practices used to influence Christina’s behaviour, effective from 27 February 2025.
CONDITIONS:
6. The conditions of this order are:
a) Standard Condition
In exercising this role the guardian shall take all reasonable steps to bring Christina to an understanding of the issues and to obtain and consider her views before making significant decisions.
b) NDIS Restrictive Practices Condition
The guardian(s) may only consent to the use of restrictive practices to influence Christina’s behaviour:
(i)   as a last resort to prevent Christina harming herself or others; and
(ii)   in accordance with a behaviour support plan which has been developed by a behaviour support practitioner after having conducted a functional behavioural assessment upon Christina, and which is reviewed regularly (and no less than every 12 months) and/or reviewed as soon as practicable if there is a change in circumstances which requires the plan to be amended.
Financial Management
1. The estate of Christina is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2.   The management of the estate of Christina is committed to the NSW Trustee and Guardian.
3.   This order be reviewed by the Tribunal within three years.

Catchwords:
GUARDIANSHIP – 17-year-old woman currently living in a secure care program – leaving the care of the Minister and moving to Supported Independent…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Christina (a pseudonym)

Details

AGLC: Christina (a pseudonym) [2025] NSWCATGD 8
Case: [2025] NSWCATGD 8
Decision Date: 03 February 2025

CaseChat Overview and Summary

In the case of Christina (a pseudonym), the Guardianship and Financial Management Tribunal of New South Wales made significant decisions regarding her future care and financial management. Christina, a 17-year-old woman, currently resides in a secure care program and is transitioning to Supported Independent Living (SIL). She has multiple diagnoses that require ongoing support and assistance in making certain decisions. The court was tasked with determining whether the existing guardianship orders made by the Supreme Court of New South Wales impacted the Tribunal's jurisdiction to make new orders. It was also necessary to assess Christina's capacity to manage her financial affairs and whether a financial manager should be appointed.

The court considered whether the Tribunal's powers were restricted by the previous guardianship orders and concluded that they were not. The court recognised that Christina would need assistance in making some important decisions as she transitions to SIL. Given her limited informal and consistent supports, the court found it was in her best interests for the Public Guardian to be appointed as her guardian. The court also determined that, although Christina's finances were simple at the time of the hearing, they would likely increase in complexity as she moved to SIL. Her limited knowledge and ability to manage money meant it was in her best interests for a financial manager to be appointed, and the NSW Trustee was assigned this role.

The court made a guardianship order for Christina, appointing the Public Guardian as her guardian. This order is limited, allowing the guardian to make decisions about her access, accommodation, health care, medical and dental consent, services, and restrictive practices. The order includes conditions to ensure the guardian considers Christina's views before making significant decisions and restricts the use of restrictive practices to specific circumstances. Additionally, the court ordered that Christina's estate be managed by the NSW Trustee under the NSW Trustee and Guardian Act 2009. The financial management order will be reviewed by the Tribunal within three years.

Orders

Orders of the court

Guardianship

1. A guardianship order is made for Christina.

2. The Public Guardian is appointed as the guardian.

3. This is a continuing guardianship order for a period of 12 months from 3 February 2025.

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

FUNCTIONS:

5. The guardian has the following functions:

a) Access

To decide what access Christina has to others and the conditions of access, effective from 27 February 2025.

b) Advocacy

To advocate generally for Christina.

c) Accommodation

To decide where Christina may reside, effective from 27 February 2025.

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

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

ii) keep her at that place.

iii) return her to that place should she leave it, effective from 27 February 2025.

e) Health care

To decide what health care Christina may receive, effective from 27 February 2025.

f) Medical/Dental consent

To make substitute decisions about proposed minor or major medical or dental treatment, where Christina is not capable of giving a valid consent, effective from 27 February 2025.

g) Services

To make decisions about services to be provided to Christina, effective from 27 February 2025.

h) Restrictive Practices

To give or withhold consent to restrictive practices used to influence Christina’s behaviour, effective from 27 February 2025.

CONDITIONS:

6. The conditions of this order are:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring Christina to an understanding of the issues and to obtain and consider her views before making significant decisions.

b) NDIS Restrictive Practices Condition

The guardian(s) may only consent to the use of restrictive practices to influence Christina’s behaviour:

(i) as a last resort to prevent Christina harming herself or others; and

(ii) in accordance with a behaviour support plan which has been developed by a behaviour support practitioner after having conducted a functional behavioural assessment upon Christina, and which is reviewed regularly (and no less than every 12 months) and/or reviewed as soon as practicable if there is a change in circumstances which requires the plan to be amended.

Financial Management

1. The estate of Christina is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

2. The management of the estate of Christina is committed to the NSW Trustee and Guardian.

3. This order be reviewed by the Tribunal within three years.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Christina (a pseudonym) [2025] NSWCATGD 8
Hearing dates:	3 February 2025
Date of orders:	3 February 2025
Decision date:	03 February 2025
Jurisdiction:	Guardianship Division
Before:	B L Bowman, Senior Member (Legal) M Bain, Senior Member (Professional) J V Le Breton, General Member (Community)
Decision:	Guardianship 1. A guardianship order is made for Christina. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 3 February 2025. 4. This is a limited guardianship order giving the guardian(s) custody of Christina to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Access To decide what access Christina has to others and the conditions of access, effective from 27 February 2025. b) Advocacy To advocate generally for Christina. c) Accommodation To decide where Christina may reside, effective from 27 February 2025. d) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take Christina to a place approved by the guardian. ii) keep her at that place. iii) return her to that place should she leave it, effective from 27 February 2025. e) Health care To decide what health care Christina may receive, effective from 27 February 2025. f) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where Christina is not capable of giving a valid consent, effective from 27 February 2025. g) Services To make decisions about services to be provided to Christina, effective from 27 February 2025. h) Restrictive Practices To give or withhold consent to restrictive practices used to influence Christina’s behaviour, effective from 27 February 2025. CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring Christina to an understanding of the issues and to obtain and consider her views before making significant decisions. b) NDIS Restrictive Practices Condition The guardian(s) may only consent to the use of restrictive practices to influence Christina’s behaviour: (i) as a last resort to prevent Christina harming herself or others; and (ii) in accordance with a behaviour support plan which has been developed by a behaviour support practitioner after having conducted a functional behavioural assessment upon Christina, and which is reviewed regularly (and no less than every 12 months) and/or reviewed as soon as practicable if there is a change in circumstances which requires the plan to be amended. Financial Management 1. The estate of Christina is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of Christina is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within three years.
Catchwords:	GUARDIANSHIP – 17-year-old woman currently living in a secure care program – leaving the care of the Minister and moving to Supported Independent…