YGZ v Public Guardian [2024] NSWCATAP 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YGZ v Public Guardian [2024] NSWCATAP 2 Hearing dates: 14 December 2023 Date of orders: 8 January 2024 Decision date: 08 January 2024 Jurisdiction: Appeal Panel Before: J Moir, Senior Member L Organ, Senior Member J Newman, General Member Decision: Appeal dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – appeal from Guardianship Division- asserted error on a question of law – failure to take into account mandatory consideration - views of person with a disability- Guardianship Act 1987 s14(2)(a)(i). No error on a question of law established – appeal dismissed. Leave to appeal not sought. PROCEDURE – Civil and Administrative Tribunal (NSW) Appeal Panel – appeal from Guardianship Division – obligation to assist legally unrepresented appellant in formulation of their case and grounds. Legislation Cited: Administrative Decisions Review Act 1997(NSW), s 58 Civil and Administrative Tribunal Act 2013 (NSW), ss 38(6)(a), 80, 80(2)(b), Pt 6 Div 2 Civil and Administrative Tribunal Rules 2014 (NSW), rr 25(4), 25(4A) Guardianship Act 1987 (NSW) ss 4, 14(2), 25C Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Neil v Nott [1994] HCA 23; (1994) 121 ALR 148 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Collins v Urban [2014] NSWCATAP 17 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Texts Cited: Nil Category: Principal judgment Parties: YGZ (First Appellant) YHA (Second Appellant) Public Guardian (Respondent) Representation: Nil File Number(s): 2023/00312564 Publication restriction: Decisions of the Appeal Panel in respect of orders of the Guardianship Division of the Tribunal have been anonymized to remove any information that may identify any individual person involved in the Tribunal's proceedings. The publication of the name of the Appellants or other people referred to in this decision including the publication of any information, or other material that identifies them or is likely to lead to their identification, is prohibited: Civil and Administrative Tribunal Act 2013, section 65. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Nil Date of Decision: 06 September 2023 Before: L Porter, General Member (Community) File Number(s): 2018/00324649