DL v Public Guardian and Ors

Appeal Panel - External

CITATION:

DL v Public Guardian and ors [2008] NSWADTAP 6

PARTIES:

APPELLANT
DL

FIRST RESPONDENT
Public Guardian

SECOND RESPONDENT
Bronwyn Powell

THIRD RESPONDENT
DT

DECISION MAKER
Guardianship Tribunal

FILE NUMBER:

078019

HEARING DATES:

23 January 2008

SUBMISSIONS CLOSED:

23 January 2008

 
DATE OF DECISION: 

11 February 2008

BEFORE:

Hennessy N - Magistrate (Deputy President); Millar J - Judicial Member; Whaite A - Non Judicial Member

CATCHWORDS:

Guardianship order - review

MATTER FOR DECISION:

Principal matter

DECISION UNDER APPEAL:

Review of a Guardianship Order

FILE NUMBER UNDER APPEAL:

C/37177 Matter Nos: 2007/4896, 2007/4897

DATE OF DECISION UNDER APPEAL:

10/09/2007

LEGISLATION CITED:

Administrative Decisions Tribunal Act 1997

CASES CITED:

IF v IG & Ors [2004] NSWADTAP 3
K v K [2000] NSWSC 1052
R v Australian Broadcasting Tribunal; ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13

REPRESENTATION:

APPELLANT
In person

FIRST RESPONDENT
No apperance

SECOND RESPONDENT
No appearance

THIRD RESPONDENT
B Obradovic, barrister

DECISION MAKER
E Cho, legal officer

ORDERS:

The guardianship order made by the Guardianship Tribunal in relation to DT on 9 October 2007 is affirmed.

“Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision.

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.”

REASONS FOR DECISION

Introduction

1 DT is a woman in her 60’s who has been diagnosed with cognitive impairments consistent with dementia. She also has symptoms of psychosis and some physical ailments including high blood pressure. DL, her partner of 34 years,…