Vivian (a pseudonym)

[2025] NSWCATGD 4

NSW Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Vivian (a pseudonym) [2025] NSWCATGD 4

Hearing dates:

20 June 2025

Date of orders:

20 June 2025

Decision date:

20 June 2025

Jurisdiction:

Guardianship Division

Before:

V Taylor, Senior Member (Legal)
J McAuliffe, Senior Member (Professional)
P A Rutledge AM, General Member (Community)

Decision:

1. A guardianship order is made for Vivian.

2. Kathy of [Address removed for publication.] is appointed as the guardian.

3. Melissa of [Address removed for publication.] is appointed as the alternative guardian.

4. This is a continuing guardianship order for a period of six months from 20 June 2025.

5. This is a limited guardianship order giving the guardian custody of Vivian to the extent necessary to carry out the functions below.

FUNCTIONS: Kathy

6. Kathy has the following functions:

a) Travel

To make decisions about whether or not Vivian can travel to any place outside Australia.

b) Passport

To make a decision about whether or not the passport of Vivian should be surrendered to the guardian or some other authority the guardian nominates pending a decision by the guardian concerning travel.

CONDITION:

7. The condition of this order is:

a) Standard Condition

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

Catchwords:

GUARDIANSHIP – 32-year-old person with autism and borderline personality disorder – urgent guardianship order sought – person seeking to leave the country to Pakistan that evening – person opposed to guardianship order – evidence that travel to Pakistan is unsafe generally, and particularly in relation to person – concern over lack of supports in Pakistan – short-term guardianship order made for a period of 6 months with travel and passport functions only.

Legislation Cited:

Guardianship Act 1987 (NSW), ss 3(1)-(2), 4,14, 14(2), 17(1)

Cases Cited:

IF v IG [2004] NSWADTAP 3

Texts Cited:

None cited.

Category:

Principal judgment

Parties:

001: Guardianship Application

Vivian (the person)
Andrea (applicant)
Melissa (joined party, proposed guardian)
Kathy (joined party, proposed guardian)
Public Guardian

Representation:

None.

File Number(s):

NCAT 2025/00235976

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: Civil and Administrative Tribunal Act 2013 (NSW), s 65.

REASONS FOR DECISION

What the Tribunal decided

1. The Tribunal appointed Kathy as guardian and Melissa as alternative guardian, for a period of six months, to make decisions about:

• whether or not Vivian can travel to any place outside of Australia; and

• whether or not the passport of Vivian should be surrendered to the guardian or some other authority the guardian nominates, pending a decision by the guardian concerning travel;

as set out in the Tribunal’s order.

Background

2. Vivian is 32 years old and prefers to be known as “Viv” and described with they/them pronouns. We will refer to them as such throughout these…