DYH v The Public Guardian

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

DYH v The Public Guardian [2022] NSWCATAD 227

Hearing dates:

On the papers

Date of orders:

07 July 2022

Decision date:

07 July 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

C Mulvey, Senior Member

Decision:

The proceedings are dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Catchwords:

ADMINISTRATIVE REVIEW - dismissal - frivolous or vexatious - otherwise misconceived or lacking in substance - reviewable decision - requirement for internal review - s55 of the Administrative Decisions Review Act

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW)

Guardianship Act 1987 (NSW)

Cases Cited:

Alchin v Rail Corporation NSW [2012] NSWADT 142

Harrington v Corrective Services New South Wales, Department of Justice [2017] NSWCATAD 46

DYH v Public Guardian [2021] NSWCATAD 136

DYH v Public Guardian (No 2) [2021] NSWCATAP 400

Texts Cited:

None cited

Category:

Procedural rulings

Parties:

DYH (Applicant)
The Public Guardian (Respondent)

Representation:

Solicitors:
Applicant (Self-represented)
J Griffiths (Respondent)

File Number(s):

2021/00309880

Publication restriction:

Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 with the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned or otherwise involved in these proceedings is prohibited.

REASONS FOR DECISION

1. On 1 November 2021, DYH (the “Applicant”) applied to the Tribunal for administrative review in respect of a purported decision made by the Public Guardian which organisation was appointed some years ago to make lifestyle decisions for DYH’s mother “AA” pursuant to a guardianship order. The application initially was seeking review of matters contained in a letter from the respondent dated 28 October 2021 as follows:

‘Decisions made to decline the accommodation, proposal for AA dated 3 October 2021, made by DYH, [and others anonymised].

The subject person (mother of DYH) AA, changes to her circumstances require urgent immediate attention and a formal decision and review to her accommodation, that her home is being sold immediately and the Public Guardian has not made any decisions with her imminent living arrangement. The applicant has not be [sic] consulted, included or given fair and equal opportunity to be involved in the family decisions.’

2. At a Directions Hearing on 12 April 2022 the Tribunal made a number of decisions which are not relevant to this application. However, the parties were to address the following matters which they identified as being relevant to the substantive application, being:

1. An identification of the decision to be reviewed and whether that is a reviewable decision.

2. If the decision is reviewable, whether an internal review has been conducted and if not, whether the application can proceed and the basis on which it can proceed.

3. Whether the application should otherwise be dismissed.

Background

3. It is not in dispute that a guardianship order was made in the Guardianship Division of the Tribunal with respect to AA.

4. The Public Guardian was appointed…