AJJ v NSW Trustee and Guardian

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	AJJ v NSW Trustee and Guardian [2012] NSWADTAP 30
Hearing dates:	22 June 2012
Decision date:	22 June 2012
Before:	Magistrate N Hennessy, Deputy President C Huntsman, Judicial Member A Wunsch, Non-judicial Member
Decision:	Leave to appeal on grounds other than a question of law is refused
Catchwords:	APPEAL - leave to appeal on grounds other than a question of law - leave refused
Legislation Cited:	Administrative Decisions Tribunal Act 1997 Guardianship Act 1987
Cases Cited:	K v K [2000] NSWSC 1052
Category:	Principal judgment
Parties:	AJJ (Appellant) NSW Trustee and Guardian (First Respondent) AJK (Second Respondent) AJL (Third Respondent Guardianship Tribunal (Fourth Respondent)
Representation:	Counsel Ms C King (Second Respondent) AJJ - In person NSW Trustee and Guardian - No appearance AJK - Ms B Weule (Guardian ad litem) AJL - In person Guardianship Tribunal - Ms A Sprouster
File Number(s):	128004
Decision under appeal	Citation: 2012/485 Date of Decision: 2012-03-12 00:00:00 File Number(s): C/42546

REASONS FOR DECISION

1. HER HONOUR: This is an appeal by AJJ against a decision of the Guardianship Tribunal made on 12 March 2012. AJJ is the sister of AJK who is a young man with Down's Syndrome. There is a dispute between AJJ and her mother in relation to many aspects of AJK's care, both health care and accommodation issues. Prior to October 2011, AJJ was the guardian and financial manager for her brother. She had the authority to make decisions about where he should live and the health care he should receive. In October 2011 AJJ's mother (AJL) applied to the Guardianship Tribunal for a review of those orders.

1. The Guardianship Tribunal revoked both AJJ's appointments and appointed the Public Guardian and the NSW Public Trustee respectively as AJK's guardian and financial manager. Later in March 2012 the Guardianship Tribunal heard another application for a review of those orders.

1. At that time the Guardianship Tribunal varied the guardianship order giving AJJ power to make decisions about health care and consent to medical and dental treatment. The Guardianship Tribunal retained the Public Guardian to make decisions in relation to accommodation, services and travel and also retained the New South Wales Trustee to make decisions in relation to AJK's finances.

1. It is the decision of 12 March 2012 against which AJJ has appealed. She is entitled to appeal on a question of law but requires the Tribunal's leave to appeal on any other ground: s 118B of the Administrative Decisions Tribunal Act 1997 (ADT Act). AJJ made it clear, firstly, that she was appealing against both decisions of the Guardianship Tribunal; that is, the decision relating to guardianship and the decision relating to financial management, and, secondly, that she was not appealing on any question of law.

1. The issue in these proceedings is whether or not the Appeal Panel should grant leave for AJJ to appeal against either the Guardianship Tribunal's guardianship decision or the Guardianship Tribunal's financial management decision. We have decided to refuse leave…