CM v Protective Commissioner

[2007] NSWADT 287

CITATION:

CM and ors v Protective Commissioner [2007] NSWADT 287

DIVISION:

General Division

PARTIES:

FIRST APPLICANTS
CM and CN

SECOND APPLICANT
CO

RESPONDENT
Protective Commissioner

FILE NUMBER:

073281

HEARING DATES:

9 November 2007

SUBMISSIONS CLOSED:

9 November 2007

 
DATE OF DECISION: 

13 December 2007

BEFORE:

Leal S - Judicial Member

CATCHWORDS:

Protected Estates Act - Protective Commissioner - powers as to property

MATTER FOR DECISION:

Principal matter

LEGISLATION CITED:

Administrative Decisions Tribunal Act 1997
Guardianship Act 1987

CASES CITED:

Protective Commissioner v ‘D’ & ors [2004] NSWCA 216

REPRESENTATION:

In person

C Phang, solicitor

ORDERS:

The decision of the Protective Commissioner to sell the Granville property by public auction, so that all members of the client’s family can compete for the property if they so desire, is affirmed.

Section 126 provides

(1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal,

(b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division,

(b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983,

(b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983

(c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.

(1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person:

(a) who appears as a witness before the Tribunal in any proceedings, or

(b) to whom any proceedings before the Tribunal relate, or

(c) who is mentioned or otherwise involved in any proceedings before the Tribunal,

whether before or after the proceedings are disposed of.

Maximum penalty: 10 penalty units or imprisonment for 12 months, or both.

(2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section.

(3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

Introduction

1 CX is an 81 year old man with dementia who has been living in nursing home accommodation since April 2005. He has two daughters and two sons. One son, ‘CO’ and another son ‘CM’ and his wife ‘CN’ are the Applicants in this review (‘the Applicants’).

2 CX owns a property in Granville NSW (‘the Granville property’). Prior to his admission into the nursing home, CX’s daughter R had been living with and caring for CX. Following his admission to the nursing home, R had continued to live, rent-free, in the Granville property. Her own neighbouring property is, according to the Applicants, currently tenanted.

3 In June 2005,…