DYH v Public Guardian [2021] NSWCATAD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYH v Public Guardian [2021] NSWCATAD 136 Hearing dates: 15 February 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J S Currie, Senior Member Decision: Matter No. 2020/00341901: The decision by the Public Guardian is affirmed. Matter No. 2021/00011720: The decision by the Public Guardian is affirmed. Catchwords: ADMINISTRATIVE REVIEW- decisions by Public Guardian as guardian appointed under guardianship order, concerning person under guardianship's place of accommodation and access to others. Obligations of the decision-maker under Guardianship Act 1987 (NSW)- s4 principles. Each decision complied with s4 and was and the correct and preferable decision. Legislation Cited: Administrative Decisions Review Act 1997(NSW); s63 Civil and Administrative Tribunal Act (No.2) 2013 (NSW); ss36, 63,65 Guardianship Act 1987(NSW); ss4, 80A Guardianship Regulation 2016 (NSW )clause 17 Powers of Attorney Act 2003 (NSW),s36 Cases Cited: BJF and Anor v Public Guardian [2014] NSWCATAD 141 Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 McDonald v Guardianship and Administration Board [1993] VR 521 P v NSW Trustee and Guardian [2015] NSWSC 579 Protective Commissioner v D [2004] NSWCA 216; (2004) 60 NSWLR 513 WL v NSW Trustee and Guardian [2011] NSWADTAP 22 YG and GG v Minister for Community Services [2002] NSWCA 247 ZDU v ZDV [2017] NSWCATAP 197 Texts Cited: The Concise Oxford Dictionary of Current English (6th edition) Category: Principal judgment Parties: DYH (First Applicant) EIV (Second Applicant) ENC (Third Applicant) Public Guardian (Respondent) Representation: First Applicant (For All Applicants) Respondent (Self Represented) File Number(s): 2020/0034190; 2021/00011720 Publication restriction: The publication of the name of any of the Applicants and of the person subject to the decision under review is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Note: the name of each such person includes a reference to any information, picture or other material that identifies them or is likely to lead to identification of them.