ABJ v Public Guardian (GD)

[2012] NSWADTAP 3

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	ABJ v Public Guardian (GD) [2012] NSWADTAP 3
Hearing dates:	25 November 2011
Decision date:	02 February 2012
Jurisdiction:	Appeal Panel - Internal
Before:	Magistrate N Hennessy, Deputy President L Goodchild, Judicial Member M Bolt, Non-Judicial Member
Decision:	Appeal dismissed
Catchwords:	APPEAL - - further evidence - leave to extend to the merits -
Legislation Cited:	Guardianship Act 1987
Category:	Principal judgment
Parties:	ABJ (Appellant) Public Guardian (1st Respondent) ACU (2nd Respondent )
Representation:	ABJ (Appellant, in person) NSW Trustee and Guardian (Respondent)
File Number(s):	119037
Publication restriction:	S126 of the Administrative Decisions Tribunal Act 1997 applies
Decision under appeal	Citation: ABJ v Public Guardian [2011] NSWADT 172 Date of Decision: 2011-07-18 00:00:00 Before: General Division File Number(s): 113044

REASONS FOR DECISION

1. HER HONOUR: ABJ has appealed against a decision of the Tribunal affirming a decision made by the Public Guardian that his father reside permanently with his sister. ABJ has appealed both on a question of law and has requested leave for the appeal to be extended to the merits of the Tribunal's decision: Administrative Decisions Tribunal Act 1997 ( ADT Act ) s 113.

1. The circumstances of the case are that ABJ' father was living with him until he was admitted to hospital on 31 October 2010. Following an application to the Guardianship Tribunal by hospital staff, an order was made that the Public Guardian be appointed to make decisions about ABJ's father's lifestyle and where he should live. The Public Guardian decided that ABJ's father should live with his daughter on a trial basis. That decision was then made permanent on 1 April 2011. That is the decision that was the subject of review by the Tribunal.

1. After the hearing, the Tribunal gave ABJ an opportunity to file and serve further evidence from a doctor who he said had made a comment to him about what was in the best interests of his father. The Tribunal gave a two week adjournment to obtain a statement or report from that doctor who ABJ said he had seen in 2009. The Tribunal stated at para 17 of its decision, that the purpose of the adjournment was not to provide an opportunity for the obtaining of a psychiatric review of ABJ's father. As it transpired, the medical report provided by ABJ did not support his oral evidence that a doctor in the hospital had told him that his father should be living with him. ABJ has explained to us today that he was unable to obtain such a report.

1. The Tribunal made a decision on 18 July 2011 in which it carefully examined the evidence, stated the law and applied the factual findings to the law. At para 25, the Tribunal said;

The Tribunal finds that the evidence provided in the reports of professional and medical staff at St George hospital, relating to the admission of 31 October 2010, copies of which were provided by the Public Guardian, indicates that MMD…