Is v Protective Commissioner

[2005] NSWADTAP 8

Appeal Panel - External

CITATION:	IS v Protective Commissioner & Ors [2005] NSWADTAP 8 This decision has been amended. Please see the end of the decision for a list of the amendments.
PARTIES:	APPELLANT IS FIRST RESPONDENT Protective Commissioner SECOND RESPONDENT IT THIRD RESPONDENT Guardianship Tribunal
FILE NUMBER:	048021
HEARING DATES:	18/02/2005
SUBMISSIONS CLOSED:	02/18/2005
DATE OF DECISION:	03/17/2005
DECISION UNDER APPEAL:	Guardianship Tribunal 2004/4103
BEFORE:	Hennessy N - Magistrate (Deputy President); Leal S - Judicial Member; Mericourt B - Non Judicial Member
CATCHWORDS:	Financial management order - revocation - No error of law
MATTER FOR DECISION:	Principal matter
FILE NUMBER UNDER APPEAL:	C/25188; Matter 2002/4127
DATE OF DECISION UNDER APPEAL:	10/13/2004
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Guardianship Act 1987
CASES CITED:	Moore v Guardianship and Administration Board [1990] VR 902 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 149 K v K [2000] NSWSC 1052; S v S [2001] NSWSC 146 Re R [2000] NSWSC 886 (17 August 2000)
REPRESENTATION:	APPELLANT In person FIRST RESPONDENT No appearance SECOND RESPONDENT S Corry, solicitor THIRD RESPONDENT Guardianship Tribunal
ORDERS:	The decision of the Guardianship Tribunal made on 13 October 2004 in relation to IS 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.

Introduction

1 IS is a 79 year old gentleman living independently in his own home. In the recent past he was engaged in some property transactions…