EGN v Public Guardian [2020] NSWCATAD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EGN v Public Guardian [2020] NSWCATAD 157 Hearing dates: 7 May 2020 Date of orders: 22 June 2020 Decision date: 22 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: The decision of the Public Guardian 9 April 2020 is affirmed. Catchwords: Administrative review – whether the decision of the Public Guardian is the correct and preferable decision - best interests of the subject person – section 4 Guardianship Act 1987 Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Act 2013 Guardianship Act 1987 Cases Cited: McDonald v Guardianship Administration Board [1993] 1 VR 521 Category: Principal judgment Parties: EGN (First Applicant) EGP (Second Applicant) Public Guardian (Respondent) Representation: Nil File Number(s): 2020/00094521 Publication restriction: An order pursuant to s64(1)(a) Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of any person (whether or not a party to proceedings in the Tribunal or a witness summoned by, or appearing before, the Tribunal.

REASONS FOR DECISION 1. The following reasons for decision relate to an application filed by EGN and EGP on 26 March 2020. EGN and EGP are pseudonyms used to pursuant to an order made under 64(1)(a) of the Civil and Administrative Act 2013 (NCAT Act). EGN is the son of EGP who is a 78 year old woman. EGP has been diagnosed with dementia for some years. They reside together in EGN's home in the suburbs of Sydney. EGN is a full time carer for his mother. 2. EGP has four children. Two of her adult daughters are referred to in these reasons for decision using the pseudonyms A and B. 3. The hearing was conducted partly by telephone and audio-visual link (AVL). The Public Guardian was the only party appearing by AVL.