Giniotis v the Guardianship Tribunal S167/2001

[2001] HCATrans 523

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S167 of 2001

B e t w e e n -

STELLA S. GINIOTIS

Applicant

and

THE GUARDIANSHIP TRIBUNAL

Respondent

Chamber Summons

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 15 OCTOBER 2001, AT 10.48 AM

Copyright in the High Court of Australia

MRS S.S. GINIOTIS appeared in person.

MR T.J. TUNBRIDGE:   May it please the Court, I appear for the Public Guardian.  (of the Protective Commissioner of New South Wales).

HIS HONOUR:   Mr Janavicius, you are prepared to interpret again if necessary.

MR JANAVICIUS:   Yes, your Honour.

HIS HONOUR:   And you are bound by the oath that you gave previously in the earlier matter.

MR JANAVICIUS:   Yes, of course, your Honour.

HIS HONOUR:   The Deputy Registrar has certified that he has been informed by the solicitor for the respondent, the Guardianship Tribunal, that the respondent does not wish to be represented at the hearing of this matter and will submit to any order of the Court save as to costs.  Does that no longer apply?

MR TUNBRIDGE:   Your Honour, it does apply.  The Public Guardian was joined as a party by the judge at first instance but has not been named as a respondent in the summons.  So, to assist the Court, I indicated to the Registry that I would appear today.

HIS HONOUR:   Right, thank you.  Yes, Mrs Giniotis.

MRS GINIOTIS:   Now, in regard the Guardianship Board Tribunal case, I looking at that matter by application which I filed in Court before a chamber summons for special leave because they are complication again, misleading information and I was not informed about those orders, also complicate the case but chamber summons I asking to be stop this quarrel, Australian citizen, once for all, and somebody must address the authority.  That cannot attack on the street people because I am citizen of Australia, or cannot attack me and lock me - - -

HIS HONOUR:   Just compose yourself, Mrs Giniotis.

MRS GINIOTIS:   - - - in the hospital bed and force me, four people, to put drugs in my body to dismantle my body.  Where is written in Australian Constitution that citizen must suffer because took Australian citizenship, while they not make treatment this for illegal immigrant, but why for my family and me?  Now, I insist to get this justice done in this case why I was locked, why I was attacked and dumped in the hospital when I not require it and I not visit doctor and I not ask any operation?

HIS HONOUR:   Mrs Giniotis, you had a case that came before Justice O’Keefe. 

MRS GINIOTIS:   They ignore this because they are so dishonest – documents about my family, that I not look after my child, that I abuse gaol, all sorts of dirt was put and not informed – not served me.  I was locked in Westmead Hospital and to me I was serve – on 22 August 1994 I was attacked and locked in hospital.  On 1 September I receive orders that on my body and my finance have rights to control this Guardianship Board.  What rights they have to my finance for attack me on the street?  And I have no rights to say legal aid refused because this is friend.  They cannot against them.  But Mrs Giniotis and her child have rights too against.  I looking this answer does not matter how long this take because reason this because I inform – come appear in Parliament House and ask legal section for appointment to Premier Office to inform that if this…..from Parliament House and already go out of country and nobody consider for that they attack me on the street and inject – seven months I was paralysed.  I cannot walk.  What rights they have done this?  Supreme Court ignore this.

HIS HONOUR:   The Supreme Court held that you had no rights against them because at the time of the operation you were subject of the orders of the Guardianship Tribunal which authorised the Public Guardian to consent on your behalf to medical treatment considered necessary in your best interests.

MRS GINIOTIS:   If this is case, honourable your Honour, if this is case was true, why they not inform before operation?  Why they not come in hospital and visit me?  Why they allow assault me in hospital bed because I refuse to take medication which I not required and I not feel as sick?

HIS HONOUR:   Mrs Giniotis, again, these matters that you are now referring to, you will be able to argue in your special leave application but you ‑ ‑ ‑

MRS GINIOTIS:   But I want…..every night.

HIS HONOUR:   I have no power to make orders.  The Guardianship Tribunal is not a Commonwealth officer.  There is nothing I can see that gives you any rights in this Court against the Guardianship Tribunal except by way of your special leave application.  But you have filed a summons just as you did in the other matter.  You will have to wait until your special leave application is heard.

MRS GINIOTIS:   How long I wait?  I am hungry.

HIS HONOUR:   I do not know.

MRS GINIOTIS:   I am hungry because I have not enough meal because locked money – what rights they have, locked money?  What lawyer has rights to transfer – invest my money, legal money, to Victoria bank?  What rights they have to transfer my finance which I was citizen 27 years and I had Minister Immigration, they tell such dishonest things that I am illegal immigrant, that I am illegal – not married legally; that I am all certain dirty things?  How long this go and who has power to stop this because this is really too high?

HIS HONOUR:   Well, if you have rights, then they will be dealt with.

MRS GINIOTIS:   But I appeal and I file affidavit by order Supreme Court – affidavit – and was attached will.  They say attached will copy as certified by Attorney-General, Justice of Peace, the higher officer for Justice of Peace in this State.  I attach ‑ ‑ ‑

HIS HONOUR:   I know.  The matters you want to raise will be dealt with in your special leave application.  Now, unfortunately, it is unlikely that it will be heard until next year but I have no power to make any of the orders that you want.

MRS GINIOTIS:   How I must sleep?

HIS HONOUR:   Mrs Giniotis, I am sure you will have access to social services of some kind.

MRS GINIOTIS:   I want to give Minister answer and I attach this letter because deny me Supreme Court that I am illegal immigrant, that I have no rights as citizen.  Such thing in Parliament House, honourable…..I must apply because in certificate of my husband misleading information was appearing and I must six months wait for answer to parliamentarian correct this certificate and on that false certificate was denying me to my husband’s will.  What rights they have do this?

HIS HONOUR:   They claim that everything was done legally and that is a matter that will have to be decided in your special leave application.

MRS GINIOTIS:   Honourable your Honour, I apologise because really I am upset.

HIS HONOUR:   Well, I know that.  There is no need to apologise, Mrs Giniotis.

MRS GINIOTIS:   But I want to address to this honourable Court that look this matter seriously because somebody must be stopped this.  Somebody refuse, and Supreme Court holding 37 blocks property and registrar allow not inform owner property do such things.  How would this happen?  Never was before.  I come to Australia on rule Mr McMahon and after his, no more rules, after he finish.  What going on?  We are democratic society.  We are dealing with human being.  We are representing humans.  Now, my dog, I do not give better meal than my enemy has, you now, some.  I not believe that this Court allow go like that with this horror and put Minister – I must go to ministerial – every office correct their mistakes.

HIS HONOUR:   You will get your opportunity on the special leave application. 

MRS GINIOTIS:   When?

HIS HONOUR:   I just do not have any power.

MRS GINIOTIS:   Yes, but when?

HIS HONOUR:   It will be heard probably next year, I am afraid.

MRS GINIOTIS:   You see, this year I must not eat, not breathe, and wait something miracle.  But nobody bring on this earth, miracle.  I cannot understand why going on like that.  Citizen, innocent citizen, abused.

HIS HONOUR:   Well, Mrs Giniotis, there are a lot of people who have cases and their cases have to be heard and you have to take your turn and ‑ ‑ ‑

MRS GINIOTIS:   But I waiting since my husband die.  You see legal aid in the State ‑ ‑ ‑

HIS HONOUR:   Yes, but I am talking about here in this Court.

MRS GINIOTIS:   Yes, in this Court.

HIS HONOUR:   Yes.  There are other cases.  See, we have some 400-odd cases like yours in which people are applying for special leave to appeal and you just have to take your turn.  We cannot hear every one as soon as they are filed.  That is unfortunate from your point of view but you will just have to wait your turn.  I am sorry, but I just do not have any power.

MRS GINIOTIS:   If – in regard this case what present, I would like ask honourable your Honour what rights have on Guardianship Board and their authority to terrorise people because this letter clearly demonstrate I was abused and they agree that I should abused because I am Mrs Giniotis.

HIS HONOUR:   No, I think that they thought, and on the evidence, that you required - - -

MRS GINIOTIS:   But no evidence was taken from me.

HIS HONOUR:   Well, they did not have to.  If the Guardianship Tribunal had validly made orders authorising the Public Guardian to consent on your behalf.

MRS GINIOTIS:   Without knowledge citizen.

HIS HONOUR:   And you were given, as I understand it, from what I have seen in the papers, medical treatment for a brain tumour.  Is that right?

MRS GINIOTIS:   Brain tumour.

HIS HONOUR:   Was it?

MRS GINIOTIS:   They want me made brain tumour.  I disagree with them and not took medication.  This is all case about.  And publish every one that I am sick but I am telling in this Court that those group people are very sick and should be Court took on consideration because they more harm making for society than good and they should banned from officers and put on that the same treatment.

HIS HONOUR:   Well, Mrs Giniotis, according to Justice O’Keefe’s judgment, the medical reports placed before the Board for the purpose of making orders in respect of you indicated that you were suffering from a life‑threatening brain tumour that you would refuse to have any medical treatment for and it was in those circumstances that the Public Guardian was given certain powers to consent.  I know you complain that against your will you were taken from a public street, placed in an ambulance and taken to Westmead Hospital.  That is what you complained about, is it not?

MRS GINIOTIS:   I was on the street, attacked; twist my arms and push in ambulance and I did not know what is going on.

HIS HONOUR:   Yes, I know.

MRS GINIOTIS:   If I was sick, why they do this?  Twist my arms, and police car escort my ambulance and this police are involved in the real problem, our society.

HIS HONOUR:   Well, you will be able to put all these matters before the Court on your special leave application but, as I said to you, I just do not have any powers to do anything.  So, thank you very much, Mrs Giniotis.

This is a chamber summons filed on 3 August 2001 in which Mrs Giniotis, who appears in person, seeks two orders:

“1.      The Respondent, The Guardianship Tribunal stop implicit

abuse Australian Citizen the Human Rights using the Minister, Director‑General, the Public Guardian Act for discrimination, at Quakers Hill a family (the) three generations.

2.        The Respondent pay cost of Applicant until will be finalised

matter in the High Court of Australia.”

The matter arises from medical treatment of Mrs Giniotis for an alleged brain tumour.  She claims that there was nothing the matter with her and that the treatment was against her consent.  At the time of the treatment she was subject to orders of the Guardianship Tribunal authorising the Public Guardian to consent on her behalf to medical treatment considered necessary in her best interests.

Mrs Giniotis has had litigation in the Supreme Court of New South Wales which was heard by Justice O’Keefe in the Common Law Division in October 2000.  His Honour held that the Guardianship Board had jurisdiction to make the orders which it did and that the things done to Mrs Giniotis were done lawfully pursuant to those orders.

It would appear that she appealed to the Court of Appeal and the appeal was dismissed as incompetent.  She now has a special leave application filed in this Court.  As I pointed out to her in argument, the merits of her application will have to be dealt with on the special leave application.  I have no power to make the orders which she seeks in her chamber summons and, on the material before me, there is no case for making those orders even if the Court otherwise had jurisdiction over the respondent.

In those circumstances, the summons will be dismissed.

Adjourn the Court.

AT 11.07 AM THE MATTER WAS CONCLUDED