FHJ v Public Guardian [2024] NSWCATAP 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHJ v Public Guardian [2024] NSWCATAP 74 Hearing dates: 15 April 2024 Date of orders: 7 May 2024 Decision date: 07 May 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Titterton OAM, Senior Member Decision: (1) Appeal upheld. (2) The application of the Appellants is remitted to the Administrative & Equal Opportunity Division of the Tribunal for rehearing and redetermination. Catchwords: APPEALS – whether the Tribunal in erred in finding that the fact that a decision had not been made was not an administratively reviewable decision. ADMINISTRATIVE LAW – meaning of "decision" for the purposes of the Administrative Decisions Review Act 1997 (NSW) ADMINISTRATIVE LAW - whether the respondent erred in failing to consider s 4 of the Guardianship Act 1987 (NSW) failing to make a decision in relation to a person with disabilities Legislation Cited: Administrative Decisions Review Act 1997 (NSW) ss 6, 7, 9, 53, 55 Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80 Disability Inclusion Act 2014 (NSW) Guardianship Act 1987 (NSW), ss 4, 80A Guardianship Regulation 2016 (NSW), r 17 Interpretation Act 1987 (NSW), s 33 Cases Cited: People with Disability Australia Incorporated v Minister for Disability Services & Anor [2011] NSWCA 253 Texts Cited: Not applicable Category: Principal judgment Parties: FHJ (First Appellant) FYD (Second Appellants) The Public Guardian (Respondent) Representation: First and Second Appellants (self-represented) Crown Solicitor (Respondent) File Number(s): 2024/00066844 Publication restriction: Nil Decision under appeal Court or tribunal: Civil & Administrative Tribunal Jurisdiction: Administrative & and Equal Opportunity Division Citation: Not applicable. Date of Decision: 13 February 2024 Before: K Ransome (Principal Member) File Number(s): 2023/00425888