WK v Public Guardian (No 2)

CITATION:	WK v Public Guardian (No 2) [2006] NSWADT 121
DIVISION:	General Division
PARTIES:	APPLICANT WK RESPONDENT Public Guardian
FILE NUMBER:	063131
HEARING DATES:	11/04/06
SUBMISSIONS CLOSED:	04/11/2006
DATE OF DECISION:	04/20/2006
BEFORE:	Hennessy N - Magistrate (Deputy President)
CATCHWORDS:	Guardianship Act - Public Guardian - consent to medical or dental treatment - Guardianship Act - Public Guardian - health care - Public Guardian - consent to medical or dental treatment - Public Guardian - health care
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Guardianship Regulation 2005
CASES CITED:	Airedale National Health Service Trust v Bland [1993] AC 789 Isaac Messiha (by his tutor Magdy Messiha) v South East Health [2004] NSWSC 1061 (11 November 2004) Northbridge v Central Sydney Area Health Service [2000] NSWSC 1241 WK v Public Guardian [2006] NSWADT 93
REPRESENTATION:	APPLICANT In person RESPONDENT C Phang, solicitor
ORDERS:	In accordance with s 65 of the Administrative Decisions Tribunal Act, the decisions are remitted to the Public Guardian for reconsideration.

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 Mr X is a 73 year old man who has been a patient at Prince of Wales Hospital since 10 October 2005. Although he used to have a limited command of English, he now requires a Greek interpreter to communicate. He has end stage kidney disease and is receiving…