TY v Protective Commissioner

[2005] NSWADT 292

CITATION:	TY v Protective Commissioner [2005] NSWADT 292
DIVISION:	General Division
PARTIES:	APPLICANT TY RESPONDENT Protective Commissioner
FILE NUMBER:	053404
HEARING DATES:	30/11/2005
SUBMISSIONS CLOSED:	12/02/2005
DATE OF DECISION:	12/07/2005
BEFORE:	Hennessy N - Magistrate (Deputy President)
APPLICATION:	Protective Commissioner - disposition of money - Protected Estates Act - Protective Commissioner - disposition of money
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Protected Estates Act 1983
CASES CITED:	MB v Protective Commissioner [2000] NSWSC 717 Re R [2000] NSWSC 886 The Protective Commissioner v "D" & Ors [2004] NSWCA 216
REPRESENTATION:	APPLICANT In person RESPONDENT C Phang, solicitor
ORDERS:	The decision of the Protective Commissioner 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.

REASONS FOR DECISION

Introduction

1 When TY was 11 years old he was injured in a car accident. He received damages by way of compensation for those injuries in a confidential settlement with the defendant. I do not have any medical reports, either from that time or more recently, which would give me an indication of the nature and extent of any disability or incapacity TY now has. TY’s financial affairs have been managed by the Protective Commissioner since soon after the award of damages was made. I assume that that is because the Supreme Court was satisfied that he was incapable of managing his affairs. TY is a Fijian…