WP v Protective Commissioner

Appeal Panel - External

CITATION:	WP v Protective Commissioner [2006] NSWADTAP 37
PARTIES:	APPELLANT WP RESPONDENT Protective Commissioner
FILE NUMBER:	068008
HEARING DATES:	15/06/2006
SUBMISSIONS CLOSED:	06/15/2006
EXTEMPORE DECISION DATE:	06/15/2006
DATE OF DECISION:	08/18/2006
BEFORE:	O'Connor K - DCJ (President); Britton A - Judicial Member; Wunsch A - Non Judical Member
CATCHWORDS:	Parties - Procedural fairness - Protected Estates Act - operation of Section 20 - Protected Estates Order - making of interim order
MATTER FOR DECISION:	Principal matter
DATE OF DECISION UNDER APPEAL:	01/18/2006
LEGISLATION CITED:	Administrative Decisions Tribunal (Interim Rules) 1998 Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Mental Health Act 1990 Protected Estates Act 1983
CASES CITED:	VU v Miles [2006] NSWADTAP 19 Moore v Guardianship and Administration Board [1990] VR 902 Kioa v West (1985) 159 CLR 550 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 222 ALR 416-417 KA v Public Guardian & Ors (No 2) [2004] NSWADTAP 48 TC v Public Guardian & Ors [2006] NSWADTAP 15 EMG v Guardianship and Administration Board of Victoria [1999] NSWSC 501 Carew v Protective Commissioner & ors [2005] NSWADTAP 13 Hess v Public Guardian & ors [2005] NSWADTAP 43
REPRESENTATION:	APPELLANT In person (with W Millard) RESPONDENT No appearance SOLICITOR ASSISTING S Morris, solicitor, Crown Solicitor's Office
ORDERS:	The Appeal Panel orders; 1. that the order made on 18 January 2006 that the appellant’s estate be subject to management under the Protected Estates Act 1983 for a period of 12 months be set aside; 2. that this order take effect upon service on the Protective Commissioner

1 On 13 January 2006 the appellant was admitted as an involuntary patient to the mental health care unit at the Prince of Wales Hospital (the Hospital). As required by the Mental Health Act 1990 (MHA) s 38, the medical superintendent arranged for her to be brought before a Magistrate to determine under s 51 whether she should continue to be held in detention, or discharged conditionally or unconditionally.

2 Part 3 of the Protected Estates Act 1983 (PEA) governs the present matter. If a s 38 MHA inquiry is required, the medical superintendent must, in addition, give the notice required by PEA, s 15:

‘ 15 Notice that person’s capability to manage affairs will be considered

A medical superintendent who intends to bring a person before a Magistrate under section 38 of the Mental Health Act 1990 shall:

(a) when giving the information required to be given to the person under section 38 of that Act give to the person the prescribed information with respect to the question of the capability of the person to manage his or her affairs, and

(b) when giving the notice required to be given under section 38 of that Act give to each of the persons required to be given that notice the prescribed information with respect to the question of the capability of the person being brought before the Magistrate to manage his or…