AKP v NSW Trustee and Guardian

[2012] NSWADTAP 38

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	AKP v NSW Trustee and Guardian [2012] NSWADTAP 38
Hearing dates:	10 October 2012
Decision date:	12 October 2012
Jurisdiction:	Appeal Panel - External
Before:	Magistrate N Hennessy, Deputy President
Decision:	Appeals dismissed
Catchwords:	EXTERNAL APPEALS - decisions of Guardianship Tribunal that applicant has no standing to apply for guardianship or financial management order - applicant appeals to Administrative Decisions Tribunal against that finding - whether Administrative Decisions Tribunal has jurisdiction to entertain the appeal
Legislation Cited:	Guardianship Act 1987 Administrative Decisions Tribunal Act 1997
Category:	Principal judgment
Parties:	AKP (Appellant) NSW Trustee and Guardian (First Respondent) AKQ (Second Respondent - File No. 128007) AKT (Second Respondent - File No. 128008) The Guardianship Tribunal (Third Respondent)
Representation:	AKP - In person NSW Trustee and Guardian - No appearance AKQ - Philip J King, solicitor AKT - Philip J King, solicitor Guardianship Tribunal - A Sprouster, legal officer
File Number(s):	128007 128008
Decision under appeal	Citation: 2012/961; 2012/962 (C/49573) 2012/1233 (C/49653) Date of Decision: 2012-05-23 00:00:00 File Number(s): C/49573 C/49653

REASON FOR DECISION

1. AKP applied to the Guardianship Tribunal for guardianship and financial management orders in relation to two women, AKQ and AKT. The Guardianship Tribunal dismissed the applications because it found that AKP did not have standing. The Guardianship Act 1987 requires that an applicant for a guardianship or financial management order be a person who has a "genuine concern for the welfare of the person": Guardianship Act, s 9(1) and s 25I.

1. AKP lodged appeals with this Tribunal against the Guardianship Tribunal's decisions. External appeals may be made if they relate to certain "appealable decisions" by the Guardianship Tribunal: Administrative Decisions Tribunal Act 1997, s 118B. Those decisions include a decision to make a guardianship order and a decision to make a financial management order: Guardianship Act, s 67A. A decision under s 9(1) or s 25I that a person does not have a genuine concern for the welfare of the person, and therefore does not have standing to make an application, is not an appealable decision. Consequently this Tribunal has no jurisdiction to hear or determine AKP's appeals and they are dismissed.

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Decision last updated: 12 October 2012