ELQ v Public Guardian

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

ELQ v Public Guardian [2022] NSWCATAD 165

Hearing dates:

On the papers

Date of orders:

25 May 2022

Decision date:

25 May 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

C Mulvey, Senior Member

Decision:

The proceedings are dismissed under s 55(1)(b) of the NCAT Act.

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

Guardianship Act 1987

Guardianship Regulation 2016

Cases Cited:

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 377

ELQ v Public Guardian [2021] NSWCATAD 184

X v Commissioner, Community Services Commission [1999] NSWADT 26

Category:

Procedural rulings

Parties:

ELQ (First Applicant)
FGO (Second Applicant)
Public Guardian (Respondent)

Representation:

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

File Number(s):

2021/00356805

Publication restriction:

Pursuant to s 64(1)(a) of the Civil Administrative Tribunal Act 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 16 December 2021, ELQ and FGO applied to the Tribunal for administrative review in respect of a request made to the Public Guardian, appointed in 2013 to make decisions, including where ELQ and FGO’s son and nephew, AA, resides. The applicants alleged that AA’s best interest are not being considered by the Public Guardian and that proposal’s to change his accommodation are being ignored. 

2. On 23 February 2022, the respondent lodged an application for miscellaneous matters, requesting dismissal of the application pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NCAT Act).

3. The Public Guardian also seeks that the Tribunal has make an order under s 64(1)(a) of the NCAT Act to protect the identity of the applicants and the protected person. As the proceedings relate to orders made under the Guardianship Act 1987, s 65 of the NCAT Act prohibiting the identity of persons in proceedings before, or publication of matters decided by, the Guardianship Division. I, therefore, find that it is appropriate to make the order sought under s 64 of the NCAT Act. In these reasons the applicant’s names have been anonymised, and the person under guardianship, is not identified.

Background

4. A guardianship order was made in the Guardianship Division of the Tribunal with respect to AA in 2013. That order was most recently reviewed by the Guardianship Division in January 2020. The Public Guardian was reappointed as the guardian for AA to make decisions in the areas of: access, accommodation, health care, medical and dental consents, services and restrictive practices.

5. In 2020, as part of the Public Guardian exercising its functions as the guardian for AA, enquiries were made with various stakeholders about the accommodation and services for AA. The Public Guardian on 28…