W v Public Guardian

[2007] NSWADTAP 49

Appeal Panel - External

CITATION:	W v Public Guardian and anor [2007] NSWADTAP 49
PARTIES:	APPELLANT W FIRST RESPONDENT Public Guardian SECOND RESPONDENT & DECISION MAKER Guardianship Tribunal
FILE NUMBER:	078004
HEARING DATES:	8 August 2007
SUBMISSIONS CLOSED:	8 August 2007
DATE OF DECISION:	8 August 2007
BEFORE:	Britton A - Deputy President; Millar J - Judicial Member; Wunsch A - Non Judical Member
CATCHWORDS:	Guardianship order - review
MATTER FOR DECISION:	Principal matter
FILE NUMBER UNDER APPEAL:	C/19440 Matter No.: 2006/973
DATE OF DECISION UNDER APPEAL:	03/01/2007
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Guardianship Act 1987
CASES CITED:	Hess v Public Guardian & anors [2005] NSWADTAP 43 JT and Anor v Protective Commissioner & Ors [2004] NSWADTAP 13 KA v Public Guardian & Ors [2004] NSWADTAP 25 KV v Protective & Ors; KW & Ors v KV & Ors (No.2) [2004] NSWADTAP 48 Lloyd v Veterinary Surgeons Investigating Committee (2005) 64 NSWLR 245 QJ v Public Guardian & Ors [2005] NSWADTAP 45 Tarjali-Diab v Director-General, Department of Commerce (EOD) [2006] NSWADTAP 41 VP v Public Guardian and ors [2006] NSWADTAP 30
REPRESENTATION:	APPELLANT In person FIRST RESPONDENT No appearance SECOND RESPONDENT E Cho, Legal Officer
ORDERS:	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

1 The appellant, who we will refer to in these reasons by the pseudonym, ‘W’, is in his late sixties and resides…