ZYI v Public Guardian [2022] NSWCATAP 286

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZYI v Public Guardian [2022] NSWCATAP 286 Hearing dates: 7 July 2022 Date of orders: 5 September 2022 Decision date: 05 September 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member C Fougere, Principal Member M Oxenham, General Member Decision: (1) Pursuant to s 80(3) of the CAT Act the appeal is to be dealt with by way of a new hearing. (2) All evidence and submissions that were before the Tribunal at first instance together with all evidence and submissions filed to date in this appeal will be considered to have been given in the new hearing before the Appeal Panel. (3) By 15 September 2022, parties are to file and serve any additional evidence and submissions. (4) By 15 September 2022, parties are to file and serve any submissions as to whether the Appeal Panel should dispense with a hearing pursuant to s 50(1)(c) of the CAT Act and determine the new hearing "on the papers". (5) By 29 September 2022, parties are to file and serve submissions in response to those of any other party if they wish. (6) The Appeal proceedings are adjourned to a date to be fixed by the Registrar. Catchwords: APPEAL – appeal from proceedings in Guardianship Division - discretion to deal with appeal by way of a new hearing – no question of law raised – material change in circumstances of Subject Person Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 50(1)(c), 65(1), 65(3), 80(2)(b), 80(3), 81(1) Guardianship Act 1987 (NSW), ss 3(2), 4, 4(a), 14, 14(2),17(1), 25B Cases Cited: Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307 ZSJ v ZSK [2021] NSWCATAP 144 Texts Cited: None cited Category: Principal judgment Parties: ZYI (Appellant) Public Guardian (First Respondent) ZYJ (Second Respondent, the Subject Person) Representation: QV Law (Appellant) First Respondent (No Appearance) Second Respondent –(No Appearance) File Number(s): 2022/00103453 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 31 March 2022 Before: M Ryan, Senior Member (Legal) M E Burke, Senior Member (Professional) J L Newman, General Member (Community) File Number(s): 2022/00065841