DYH v NSW Trustee and Guardian [2022] NSWCATAD 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYH v NSW Trustee and Guardian [2022] NSWCATAD 215 Hearing dates: On the papers Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: 1. A hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The proceedings are dismissed under s 55(1)(b) of the NCAT Act. Catchwords: ADMINISTRATIVE REVIEW - dismissal - frivolous or vexatious - otherwise misconceived or lacking in substance - reviewable decision - requirement for internal review – s 55 of the Administrative Decisions Review Act Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: DYH v NSW Trustee and Guardian [2020] NSWCATAD 200 Category: Procedural rulings Parties: DYH (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Applicant (self-represented) Solicitor for the NSW Trustee and Guardian (Respondent) File Number(s): 2022/00082117 Publication restriction: Pursuant to s 64(1)(a) of the Civil Administrative Tribunal Act with the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned or otherwise involved in these proceedings is prohibited.

REASONS FOR DECISION 1. On 4 March 2022, DYH (the "Applicant") applied to the Tribunal for administrative review in respect of a purported decision made by the NSW Trustee and Guardian which organisation was appointed some years ago to make financial decisions for DYH's mother "AA" pursuant to a financial management order. The applicant seeks review of matters contained in a letter from the respondent dated 4 March 2022 as follows: The NSWTG has failed to comply with model litigant policy, and the obligations of the fiduciary duty to protect the subject person AA from neglect, abuse and financial exploitation. All parties, family members, executors and beneficiaries of AA's estate have the right to be provided with bank statements, financial information, and be consulted with decisions and changes, as a stakeholder and relevant party to all administration changes and requests made by any other family member . The increase of weekly allowance from 100 per week to 250 per week, has not been properly justified, and a was financially exploited. 1. The Applicant agreed her application seeks for the Tribunal to review the following matters: 1. That the Respondent has breached the Model Litigant Policy. 2. The Respondent provide access to information (bank statements and so on). 3. Review of a decision which the Respondent previously made, namely, the increase of a weekly allowance from $100 per week to $250 per week which has not been properly justified. 1. On 21 April 2022, the Respondent lodged an application for miscellaneous matters, requesting dismissal of the application pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NCAT Act).