UMI (Withdraw Guardianship)

[2018] TASGAB 23

GUARDIANSHIP AND ADMINISRATION BOARD
HOBART

UMI (Withdraw Guardianship) [2018] TASGAB 23

STATEMENT OF REASONS

Before: Rowena Holder

Date of decision: 17 September 2018

Request to withdraw application - withdrawal not approved by Board
Guardianship and Administration Act 1995

Background

1. An Application for Guardianship dated 3^rd August 2018 concerning UMI (the Application) was made by the Applicant, Ms Rhian Jeffres, social worker at the Roy Fagan Centre and received by the Board on the 6^th August 2018. 

2. The Guardianship and Administration Board (the Board) received a Request to Withdraw an Application for Guardianship concerning UMI from the Applicant dated 4^th September 2018.

3. On the 13^th September 2018 the Board considered the Request to Withdraw and determined not to approve it.  The Public Guardian has requested a Statement of Reasons by email dated 13^th September 2018.

Determination

1. Schedule 2, Part 1, Clause 6 of the Guardianship and Administration Act 1995 (the Act) contains the relevant provision relating to withdrawal of applications, which provides:

   The Board may allow a person to withdraw an application at any time before it is determined.

2. The granting of leave to withdraw an application is not automatic. The withdrawal of an application is an exercise of discretion on the part of the Board. 

3. Pursuant to section 11(2)(b) of the Act, the Board is obliged to accord procedural fairness to all parties and interested persons in the proceedings.

4. As such, parties who have been notified of the Application and the listing of the hearing, should be afforded an opportunity to be heard before the Board exercises its powers pursuant to Schedule 2, Part 1 Clause 6 of the Act.

5. The Application details that the UMI’s primary carer is SS, daughter. The Application also details that others concerned for the UMI’s welfare include another daughter, TX who was proposed by the Applicant as suitable to be guardian, a son HI, a son EI and daughter BI.  The Board Registry sent hearing notices to all these persons who were deemed to have a proper interest in proceedings.

6. The Applicant stated in the Request to Withdraw “I have spoken with Valerie Hannon, who supported the request to withdraw.  I attempted to phone daughters SS and TX, but was unsuccessful in making contact.”  No mention was made of whether contact had been attempted with the other interested parties, HI and EI.  The Board has no evidence before it as to the views of any of the interested persons, noted above.

7. The Application for Guardianship will therefore proceed to hearing on the 20^th September 2018.

THE BOARD DETERMINES

1. That the Request to Withdraw an Application for Guardianship is not approved.