ZZT v Public Guardian [2023] NSWCATAP 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZZT v Public Guardian [2023] NSWCATAP 31 Hearing dates: 20 December 2022 Date of orders: 03 February 2023 Decision date: 03 February 2023 Jurisdiction: Appeal Panel Before: A Britton, Deputy President I Coleman, SC ADCJ, Principal Member F Given, General Member Decision: 1. The application for a stay of the decision made by the Tribunal on 20 July 2022, is refused. 2. Leave to appeal the Joinder decision made by the made by the Tribunal on 9 June 2022, is refused. 3. The appeal from the Joinder decision is dismissed. 4. The appeal proceedings in relation to the decision made by the Tribunal on 20 July 2022 brought by ZZT is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: TRIBUNALS – NSW Civil and Administrative Tribunal – joinder of parties to proceedings in respect of application for a guardianship order under the Guardianship Act 1987 (NSW) REASONS FOR DECISION – obligation to give written reasons for interlocutory decisions made under the Guardianship Act 1987 (NSW) PROCEDURAL FAIRNESS – whether the Tribunal's decision to determine an application to be joined as a party to proceedings in the absence of the joinder applicant amounts to a failure to accord procedural fairness GUARDIANSHIP – whether s 15 of the Guardianship Act operated to prevent the applicant applying to NCAT for a guardianship order PRACTICE AND PROCEDURE — stay of the decision under appeal Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 69, 79(1)(b), 79A Civil and Administrative Tribunal Act 2013 (NSW), ss 17(3), 32(4), 38(2), 38(5), 43, 44, 44(1)-(2), 62(2), 65(1)-(3), 80(1)-2, 80(2)(a)-(b), cl 7 of Sch 6, cl 11(a) of Sch 6, cl 11(2)(c) Civil and Administrative Tribunal Regulation 2013 (NSW), cl 9 Civil and Administrative Tribunal Rules 2014 (NSW), r 27(a) Guardianship Act 1987 (NSW), ss 3F(1)-(2), 3F(5), 9(1), 9 (1)(d), 14, 15, 15(1)(b)-(c), 17, Div 3 of Part 3 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Force v Fine [2014] NSWCA 327 GR v Secretary, Department of Communities and Justice [2022] NSWCA 153 GR v The Department of Communities & Justice [2021] NSWSC 1081 ZZT v Public Guardian [2022] NSWCATAP 372 Texts Cited: None cited. Category: Principal judgment Parties: ZZT (Appellant) Public Guardian (First Respondent) ZZU (Second Respondent) ZZV (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) Representation: Counsel: