UPN - [2015] NSWCATGD 11

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: UPN [2015] NSWCATGD 11
Hearing dates: 26 February 2015
Date of orders: 26 February 2015
Decision date: 26 February 2015
Jurisdiction: Guardianship Division
Before: J Currie, Senior Member (Legal)
S Taylor, Senior Member (Professional)
M McCalman, General Member (Community)
Decision:
Guardianship order made, Public Guardian appointed.
Financial management order made appointing NSW Trustee and Guardian.
Catchwords: YOUNG PERSON LEAVING CARE – person in need of a guardian – balancing exercise/capacity to manage financial affairs
Legislation Cited: Guardianship Act 1987 (NSW)
Cases Cited: IF v IG & Ors [2004] NSWADTAP 3
TC v Public Guardian & Ors [2006] NSWADTAP 15
Category: Principal judgment
Parties: Mr UPN (subject person)
Ms BRD (applicant)
Representation: Separate Representative

File Number(s): 58224
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

What the Tribunal decided

(a) Guardianship

The Tribunal decided to make a guardianship order for Mr UPN. The Public Guardian was appointed as Mr UPN's guardian for 12 months with the functions of making decisions on his behalf about his accommodation, health care (including psychological counselling), medical and dental consents and services.

(b) Financial Management

The Tribunal decided to make a financial management order for Mr UPN. The management of his estate was committed to NSW Trustee and Guardian.

Background

Mr UPN is an 18-year-old man who lives at Regional NSW, with supported assistance from a supports provider. Mr UPN's mother, Ms ULC and younger siblings live at Southwest Sydney. His grandmother Mrs MFN lives at Regional NSW. Mr UPN's father is deceased.
Mr UPN was under the care of the Minister until his 18th birthday on 20 May 2014. This application is part of the "Leaving Care" protocol.
Mr UPN has been diagnosed with autism and with Attention Deficit Hyperactivity Disorder ("ADHD"). He has also been reported to have a range of behavioural psychological problems, including lack of emotional control, emotional inhibition, self-absorption, avoidance of feelings and anti-social tendencies. Although the correct diagnostic approach to these problems is a contentious area, there are verified incidents of Mr UPN having engaged in sexually inappropriate behaviour including alleged sexual abuse of a sibling and attempted photographing of breasts of female teachers and students at his school.
On 19 December 2014 the Tribunal received from Ms BRD an application seeking the appointment of a guardian and a financial manager for Mr UPN. On 22 January 2015 the Tribunal ordered that Mr UPN should be separately represented in all proceedings pending before the Tribunal. The purpose of the Tribunal's hearing at Newcastle on 26 February 2015 was to conduct the hearing of Ms BRD's application.

The hearing

At the end of these Reasons for Decision are lists of the parties to the application and witnesses at the hearing [Appendix removed for publication]. At the…

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.

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Details

Case: [2015] NSWCATGD 11
Decision Date: 26 February 2015

CaseChat Overview and Summary

The case before the court involved a young person who had recently left state care and was in need of a guardian and financial manager. The matter was heard in the New South Wales Supreme Court, with the judge presiding over the application for guardianship and financial management orders.

The legal issues before the court were whether the young person had the capacity to manage their own financial affairs, and if not, who should be appointed as their guardian and financial manager. The court had to undertake a balancing exercise, considering the young person's autonomy and capacity against their need for support and protection.

The court found that the young person lacked the capacity to manage their own financial affairs and that it was in their best interests to have a guardian and financial manager appointed. The court appointed the Public Guardian as the young person's guardian and the NSW Trustee and Guardian as their financial manager. The orders made by the court ensured that the young person would receive the necessary support and protection to manage their affairs effectively.

Orders

Orders of the court

Guardianship order made, Public Guardian appointed.

Financial management order made appointing 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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	UPN [2015] NSWCATGD 11
Hearing dates:	26 February 2015
Date of orders:	26 February 2015
Decision date:	26 February 2015
Jurisdiction:	Guardianship Division
Before:	J Currie, Senior Member (Legal) S Taylor, Senior Member (Professional) M McCalman, General Member (Community)
Decision:	Guardianship order made, Public Guardian appointed. Financial management order made appointing NSW Trustee and Guardian.
Catchwords:	YOUNG PERSON LEAVING CARE – person in need of a guardian – balancing exercise/capacity to manage financial affairs
Legislation Cited:	Guardianship Act 1987 (NSW)
Cases Cited:	IF v IG & Ors [2004] NSWADTAP 3 TC v Public Guardian & Ors [2006] NSWADTAP 15
Category:	Principal judgment
Parties:	Mr UPN (subject person) Ms BRD (applicant)
Representation:	Separate Representative
File Number(s):	58224
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)).