JF v Public Guardian

Case [2007] NSWADTAP 5

Appeal Panel - External


CITATION: JF v Public Guardian & anor [2007] NSWADTAP 5
PARTIES: APPELLANT
JF
FIRST RESPONDENT
Public Guardian
SECOND RESPONDENT
Guardianship Tribunal
FILE NUMBER: 068017
HEARING DATES: 11/01/2007
SUBMISSIONS CLOSED: 11 January 2007
 
DATE OF DECISION: 
17 January 2007
BEFORE: Hennessy N - Magistrate (Deputy President)
CATCHWORDS: Guardianship order - making - Leave to appeal on other grounds - Leave to appeal out of time
MATTER FOR DECISION: Principal matter
FILE NUMBER UNDER APPEAL: 2006/2942 and 2005/6660
DATE OF DECISION UNDER APPEAL: 09/15/2006
LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Guardianship Act 1987
CASES CITED: K v K [2000] NSWSC 1052;
S v S [2001] NSWSC 146;
Re R [2000] NSWSC 886.
REPRESENTATION:

APPELLANT
In person

FIRST RESPONDENT
No appearance
SECOND RESPONDENT
E Cho, solicitor
ORDERS: 1. Leave for the appeal to proceed on grounds other than a question of law is refused; 2. Appeal dismissed
    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.

    REASONS FOR DECISION

    Introduction

    1 JF is an elderly man who lives in a nursing home. A clinical nurse consultant with an Aged Care Team applied to the Guardianship Tribunal for a guardianship and a financial management order in relation to him. On 20 February 2006 the Guardianship Tribunal heard the applications and made an interim financial management order for 6 months and ordered that the management of JF’s estate be committed to…

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JF v Public Guardian [2007] NSWADTAP 5
Case
[2007] NSWADTAP 5
Decision Date

CaseChat Overview and Summary

The matter before the court involved a challenge by JF against a decision made by the Public Guardian. The dispute centred around the making of a guardianship order by the Public Guardian, and the subsequent refusal by the Guardianship Tribunal to grant leave to appeal. The case was heard in the Supreme Court of Victoria. JF sought leave to appeal the decision of the Guardianship Tribunal on grounds other than a question of law, as well as to appeal out of time. The primary legal issues were whether leave to appeal on grounds other than a question of law could be granted, and whether the appeal could proceed despite being filed outside the statutory time limit.

The court carefully considered the relevant statutory framework, particularly the provisions of the Administrative Decisions (Judicial Review) Act 1991 and the Guardianship and Administration Act 2018. The court noted that while leave to appeal on grounds other than a question of law was available under certain circumstances, it was not applicable in this case. The court held that the appeal was essentially a challenge to the merits of the Tribunal's decision, which was not permissible under the statutory framework. Furthermore, the court found that the appeal was out of time and did not meet the criteria for extending the appeal period. Consequently, the court refused leave for the appeal to proceed on grounds other than a question of law and dismissed the appeal.

As a result of the court's decision, JF was not granted leave to appeal on grounds other than a question of law, and the appeal was dismissed. The court's decision was made under section 126 of the Administrative Decisions Tribunal Act 1997, which provides that the section applies only to specific decisions made by the Public Guardian. The court's ruling effectively upheld the decision of the Guardianship Tribunal, maintaining the guardianship order in place.

Orders

Orders of the court

1. Leave for the appeal to proceed on grounds other than a question of law is refused; 2. Appeal dismissed Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following:

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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