ELQ v Public Guardian [2021] NSWCATAD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ELQ v Public Guardian [2021] NSWCATAD 184 Hearing dates: 22 December 2020, 3 February 2021, 17 March 2021 Date of orders: 2 July 2021 Decision date: 02 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the first respondent dated 28 August 2020 is affirmed. Catchwords: GUARDIANSHIP – Administrative Law – Decision of Public Guardian – Review under 80A – principles of guardianship – paramount consideration of the person subject to Guardianship Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 Cases Cited: DGR v Public Guardian [2018] NSWCATAD 267 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 DYH v Public Guardian [2021] NSWCATAD 136 ECV v Public Guardian (2020) NSWCATAD 86 WL v NSW Trustee and Guardian [2011] NSWADTAP 22 Texts Cited: Convention on the Rights of Persons with Disabilities (United Nations) 2006 Category: Principal judgment Parties: ELQ (Applicant) Public Guardian (First Respondent) DMO (Second Respondent) K Johnson (Guardian Ad Litem) Representation: Counsel: W Tregilgas (Applicant)

Solicitors: Felicio Law Firm (Applicant) M Rice (NSW Trustee & Guardian) (First Respondent) DMO's son as Agent (Second Respondent) K Johnson (Guardian Ad Litem) (Applicant) File Number(s): 2020/00269589 Publication restriction: Section 64 (1) of the Civil and Administrative Tribunal Act 2013 prohibiting or restricting the disclosure of the name of the applicant the second respondent or the subject person.