SKG [2023] NSWCATGD 18

SKG [2023] NSWCATGD 18

SKG remained at least partially incapable of managing his own person because of disability and required significant supervision and support. The Tribunal found that he could not obtain the required level of support, advocacy and service coordination, particularly in relation to NDIS funding, without an appointed guardian. Preservation of his cultural environment, including remaining on country and continuing culturally important art activities, favoured another order. As no private person was available, the Public Guardian was reappointed with the same limited functions for three years.

Jurisdiction
Australia
Judgment Date
30 May 2023
Procedural Posture
Review of Guardianship Order / End of Term Review of Guardianship Order
Outcome
Guardianship order reviewed and renewed; Public Guardian appointed as guardian for three years with limited functions.
Legal Topics
['review of Guardianship Order' 'person in Need of a Guardian' 'disability and Capacity' 'appointment of Public Guardian' 'national Disability Insurance Scheme Support' 'cultural Environment']
['guardianship Law'] ['review of Guardianship Order' 'person in Need of a Guardian' 'disability and Capacity' 'appointment of Public Guardian' 'national Disability Insurance Scheme Support' 'cultural Environment']

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Procedural Posture

Review of Guardianship Order / End of Term Review of Guardianship Order

Legal Issues

  1. 1 ['Whether SKG continues to have a disability which prevents him from being able to make important life decisions.' 'Whether a further guardianship order should be made.' 'What functions should be included in any further guardianship order.' 'Who should be appointed as guardian.' 'How long the order should last.']

Ratio Decidendi

SKG remained at least partially incapable of managing his own person because of disability and required significant supervision and support. The Tribunal found that he could not obtain the required level of support, advocacy and service coordination, particularly in relation to NDIS funding, without an appointed guardian. Preservation of his cultural environment, including remaining on country and continuing culturally important art activities, favoured another order. As no private person was available, the Public Guardian was reappointed with the same limited functions for three years.

Court Disposition

Guardianship order reviewed and renewed; Public Guardian appointed as guardian for three years with limited functions.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of three (3) years from 30 May 2023.' 'This is a limited guardianship order giving the guardian(s) custody of SKG to the extent necessary to carry out the functions below.' 'The guardian has the following...