VL v Public Guardian [2006] NSWADT 164

CITATION: VL v Public Guardian [2006] NSWADT 164

DIVISION: General Division

APPLICANT PARTIES: VL RESPONDENT Public Guardian

FILE NUMBER: 063021

HEARING DATES: 24/04/2006 & 9/05/2006

SUBMISSIONS CLOSED: 05/09/2006

DATE OF DECISION: 06/01/2006

BEFORE: Britton A - Judicial Member

CATCHWORDS: Public Guardian - place to live - Public Guardian - personal services

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal (Interim) Rules 1998 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Guardianship Act 1987 Guardianship Regulation 2005 Protected Estates Act 1983

CASES CITED: GG v Minister for Community Services [2002] NSWCA 247 McDonald v Guardianship Administration Board [1993] 1 VR 521

APPLICANT In person REPRESENTATION: RESPONDENT C Phang, legal officer

ORDERS: 1.That part of the Public Guardian's decision of 30 October 2005 relating to accommodation is affirmed ; 2.That part of the Public Guardian's decision of 30 October 2005 relating to services is varied as follows:; i) That the Public Guardian appoint a suitably qualified independent person, who is also independent from the Brain Injury Rehabilitation Unit of Westmead Hospital, to conduct a review every six months or, more often if considered necessary by the Public Guardian, of the care and support services being provided to Mr A; 3.That the Public Guardian appoint a suitably qualified independent person, who is also independent from the Brain Injury Rehabilitation Unit of Westmead Hospital, to review and report back within eight weeks of the date of these orders on the progress of the implementation of that part of its decision of 30 October 2005 relating to services, namely:; i) That the program of services, and the services support plan, be organised by a suitable service provider, approved by the Public Guardian, who is familiar with the support needs of a young person with a brain injury and is organised in consultation with Mrs VL; ii) That the program of services to Mr A includes, where possible, access to the community and to his peers. ; iii) That the program of services to Mr A includes, where possible, an opportunity for Mr A to spend a reasonable amount of time with his father Mr VL in accordance with Mr A's wishes. (Note: Opportunities for Mr A to have access to his father may need to be organised away from Mr A's home.)