ECK v NSW Trustee and Guardian [2020] NSWCATAD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ECK v NSW Trustee and Guardian [2020] NSWCATAD 143 Hearing dates: 28 May 2020 Date of orders: 01 June 2020 Decision date: 01 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The disclosure of the names of the applicant, the applicant's daughter (who is the subject of these proceedings) and the applicant's daughter's mother, is prohibited. (2) The Tribunal determines to deal with the applicant's application to the Tribunal, even though the applicant has not duly applied for an internal review to which the applicant was entitled. (3) The respondent's decision not to provide the applicant with the annual budgets for his daughter until he has paid his arrears of adult child maintenance is set aside. (4) In substitution for that decision, the respondent is to provide to the applicant, within 28 days of the date of this decision, its annual budgets which were sent to the applicant's daughter on 6 August 2015, 16 August 2016, 11 August 2017, 19 July 2018 and 27 November 2019. Catchwords: ADMINISTRATIVE LAW – Merits review – Decision of NSW Trustee not to provide its annual budgets to the father of an intellectually-disabled woman until he paid arrears of adult child maintenance – Whether decision was an administratively reviewable decision – Whether it was necessary to deal with the application in the absence of an internal review to protect the applicant's interests – Whether respondent's decision was the correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) NSW Trustee and Guardian Act 2009 (NSW) NSW Trustee and Guardian Regulation 2017 (NSW) Cases Cited: DNP v NSW Trustee and Guardian [2018] NSWCATAD 212 Texts Cited: None cited Category: Principal judgment Parties: ECK (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Applicant (Self Represented) NSW Trustee and Guardian Legal Branch (Respondent) File Number(s): 2020/00041049 Publication restriction: The disclosure of the names of the applicant, the applicant's daughter (who is the subject of these proceedings) and the applicant's daughter's mother, is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.