FKS v Public Guardian [2023] NSWCATAD 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FKS v Public Guardian [2023] NSWCATAD 227 Hearing dates: 9 August 2022, 25 November 2022 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – person under guardianship – review of decision of the Public Guardian that person be accommodated at an aged-care facility – correct and preferable decision – welfare and interests of the person paramount Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 80A Administrative Decisions Review Act 1997 (NSW), s 63 Cases Cited: McDonald v Director-General of Social Security (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 P v NSW Trustee and Guardian [2015] NSWSC 579 WL v NSW Trustee and Guardian (External) [2011] NSWADTAP 22 Texts Cited: None cited Category: Principal judgment Parties: FKS (Applicant) Public Guardian (First Respondent) FKA (Second Respondent) Representation: Applicant (Self-Represented) Public Guardian (First Respondent) Second Respondent (Self-Represented) File Number(s): 2022/00063779 Publication restriction: The publication of the name of the Applicant and the persons subject to the decision under review is prohibited under the Civil and Administrative Act 2013 (NSW), s 64(1)(a).