DYH v Public Guardian

[2021] NSWCATAD 136

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

DYH v Public Guardian [2021] NSWCATAD 136

Hearing dates:

15 February 2021

Date of orders:

24 May 2021

Decision date:

24 May 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

J S Currie, Senior Member

Decision:

Matter No. 2020/00341901:

The decision by the Public Guardian is affirmed.

Matter No. 2021/00011720:

The decision by the Public Guardian is affirmed.

Catchwords:

ADMINISTRATIVE REVIEW- decisions by Public Guardian as guardian appointed under guardianship order, concerning person under guardianship’s place of accommodation and access to others. Obligations of the decision-maker under Guardianship Act 1987 (NSW)- s4 principles. Each decision complied with s4 and was and the correct and preferable decision.

Legislation Cited:

Administrative Decisions Review Act 1997(NSW); s63

Civil and Administrative Tribunal Act (No.2) 2013 (NSW); ss36, 63,65

Guardianship Act 1987(NSW); ss4, 80A

Guardianship Regulation 2016 (NSW )clause 17

Powers of Attorney Act 2003 (NSW),s36

Cases Cited:

BJF and Anor v Public Guardian [2014] NSWCATAD 141

Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60

McDonald v Guardianship and Administration Board [1993] VR 521

P v NSW Trustee and Guardian [2015] NSWSC 579

Protective Commissioner v D [2004] NSWCA 216; (2004) 60 NSWLR 513

WL v NSW Trustee and Guardian [2011] NSWADTAP 22

YG and GG v Minister for Community Services [2002] NSWCA 247

ZDU v ZDV [2017] NSWCATAP 197

Texts Cited:

The Concise Oxford Dictionary of Current English (6th edition)

Category:

Principal judgment

Parties:

DYH (First Applicant)
EIV (Second Applicant)
ENC (Third Applicant)
Public Guardian (Respondent)

Representation:

First Applicant (For All Applicants)
Respondent (Self Represented)

File Number(s):

2020/0034190; 2021/00011720

Publication restriction:

The publication of the name of any of the Applicants and of the person subject to the decision under review is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Note: the name of each such person includes a reference to any information, picture or other material that identifies them or is likely to lead to identification of them.

reasons for decision

What is this matter about?

1. This matter involves the Tribunal’s review of two decisions by the NSW Public Guardian, which were made in the Public Guardian’s capacity as the appointed guardian of PQX. The review of those decisions was sought by one of PQX’s daughters DYH, her grandson EIV and her estranged husband ENC. DYH represented the other two Applicants at the hearing.

PQX’s background, her family members and her established disabilities

2. PQX is aged 81 years. She has been diagnosed with dementia in the form of Alzheimer’s disease. PQX migrated to Australia in 1967 and is of Greek culture and heritage. Her first language is Greek and I understand that she speaks little English.

3. PQX is married to ENC, but they are estranged. ENC has resided mainly in Cyprus over the last 10 years, although, as I understand it, he has made occasional visits to Australia. PQX has two daughters, DYH and PYY and a son LYZ. PQX lives in a…