HRM [2016] NSWCATGD 30

HRM [2016] NSWCATGD 30

NCAT had jurisdiction in principle to make a guardianship order for a forensic patient because the Guardianship Act 1987 (NSW), the Mental Health Act 2007 (NSW) and the Mental Health (Forensic Provisions) Act 1990 (NSW) do not prohibit simultaneous orders and can operate compatibly, with forensic orders setting the parameters. HRM was a person in need of a guardian because his intellectual disability made him at least partially incapable of managing his person and he required significant support and services to function in the community. Given the impracticability of providing services without an order, the absence of informal supports, and the need for a substitute decision-maker for...

Jurisdiction
Australia
Judgment Date
29 November 2016
Procedural Posture
Application for Guardianship Order and Application for Consent to Special Treatment / Final Decision After Hearing
Outcome
Guardianship order made; application for consent to special treatment withdrawn and dismissed.
Legal Topics
['forensic Patient' 'jurisdiction to Make Guardianship Orders' 'person in Need of a Guardian' 'special Treatment' 'least Restrictive Alternative']
['guardianship' 'mental Health' 'administrative Law'] ['forensic Patient' 'jurisdiction to Make Guardianship Orders' 'person in Need of a Guardian' 'special Treatment' 'least Restrictive Alternative']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Guardianship Order and Application for Consent to Special Treatment / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the Tribunal has power to make a guardianship order in respect of a forensic patient subject to orders under the Mental Health (Forensic Provisions) Act 1990 (NSW).' 'Whether HRM is a person in need of a guardian under the Guardianship Act 1987 (NSW).' 'Whether a guardianship order should be made having regard to s 14(2) and the principles in s 4 of the Guardianship Act 1987 (NSW).' 'Who should be appointed guardian and what functions should be conferred.' 'Whether the application for consent to special treatment should proceed or be withdrawn.']

Ratio Decidendi

NCAT had jurisdiction in principle to make a guardianship order for a forensic patient because the Guardianship Act 1987 (NSW), the Mental Health Act 2007 (NSW) and the Mental Health (Forensic Provisions) Act 1990 (NSW) do not prohibit simultaneous orders and can operate compatibly, with forensic orders setting the parameters. HRM was a person in need of a guardian because his intellectual disability made him at least partially incapable of managing his person and he required significant support and services to function in the community. Given the impracticability of providing services without an order, the absence of informal supports, and the need for a substitute decision-maker for...

Court Disposition

Guardianship order made; application for consent to special treatment withdrawn and dismissed.

Orders

  • ['Guardianship order in respect of HRM, appointing the Public Guardian as guardian for a period of 12 months to make decisions about accommodation, healthcare, and services.' 'Consented to JAH\'s application to withdraw the application for consent to "special treatment".' 'Application for consent to special...