DYH v NSW Trustee and Guardian [2022] NSWCATAD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYH v NSW Trustee and Guardian [2022] NSWCATAD 25 Hearing dates: On the Papers Date of orders: 21 January 2022 Decision date: 21 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: N Nicholls, Senior Member Decision: (1) The decision under review is affirmed. (2) The application made on 31 August 2021 and amended on 19 October 2021 is dismissed. (3) The names of the parties in this matter, the protected person, and all persons related to her, are not to be disclosed. Catchwords: Trustee and Guardian Act 2009 – administrative review of decision to decline payment of rent to applicant by carers of protected person Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Trustee and Guardian Act 2009 Guardianship Act 1987 Cases Cited: Kioa v West (1985) 159 CLR 550 Category: Principal judgment Parties: DYH and EIV (Applicants) NSW Trustee and Guardian (Respondent) Representation: Applicants (Self-represented) NSW Trustee and Guardian (Respondent) File Number(s): 2021/00251242 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 the names of the parties in this matter, the protected person, and all persons related to her, are not to be disclosed.

REASONS FOR DECISION

INTRODUCTION 1. On 31 August 2021, and as amended on 19 October 2021, "DYH" and "EIV" ('the applicants') made an application to this Tribunal pursuant to section 55(1) of the Administrative Decisions Review Act 1997 ('ADRA') seeking review of the decision made on 30 July 2021, and affirmed on internal review on 27 August 2021, by officers acting on behalf of the NSW Trustee and Guardian ('the respondent').