WB v Protective Commissioner

CITATION:	WB v Protective Commissioner [2006] NSWADT 292
DIVISION:	General Division
PARTIES:	APPLICANT WB RESPONDENT Protective Commissioner
FILE NUMBER:	063107
HEARING DATES:	21/06/2006 and 27/06/2006
SUBMISSIONS CLOSED:	09/21/2006
DATE OF DECISION:	10/05/2006
BEFORE:	Britton A - Judicial Member
CATCHWORDS:	Protected Estates Act - Protective Commissioner - powers as to property - Protective Commissioner - powers as to property
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Legislation Amendment Act 1997 Guardianship Act 1987 Protected Estates Act 1983
CASES CITED:	GG v Minister for Community Services [2002] NSWCA 247 KY, KX and KW v Protective Commissioner [2006] NSWADT 197 McDonald v Guardianship Administration Board [1993] 1 VR 521 Suzanne Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor; Brian Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257
REPRESENTATION:	APPLICANT In person RESPONDENT C Phang, legal officer
ORDERS:	Pursuant to s 63(3)(d) of the Administrative Decisions Tribunal Act 1997 the decision not to sell the property the subject of this application is remitted for reconsideration by the Protective Commissioner in accordance with the following recommendations:; i. That the Protective Commissioner conduct further research into the anticipated values of properties located in south west Sydney, over the next five years; ii. In the event that that evidence reveals that property values will probably decline or not increase in line with expected movements in inflation, then the decision to sell the property should be revisited having regard to the expected medium term return on cash investments; iii. That in the event the decision is made not to sell the property the subject of this review, that an annual review be conducted having regard to among other things, estimated short and medium term interest rates, rental returns and, trends within the Sydney property market

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…