QJ v Public Guardian & Ors [2005] NSWADTAP 45

Appeal Panel - External

CITATION: QJ v Public Guardian & Ors [2005] NSWADTAP 45

APPELLANT QJ FIRST RESPONDENT Public Guardian SECOND RESPONDENT Protective Commissioner PARTIES: THIRD RESPONDENT QK FOURTH RESPONDENT QL FIFTH RESPONDENT QM SIXTH RESPONDENT & DECISION MAKER Guardianship Tribunal FILE NUMBER: 058009 HEARING DATES: 8/08/2005 SUBMISSIONS CLOSED: 08/08/2005 DATE OF DECISION: 09/08/2005

Matter no. 2004/142, 2004/6680, 2004/6681 DECISION UNDER APPEAL: BEFORE: Hennessy N - Magistrate (Deputy President); Leal S - Judicial Member; Mericourt B - Non Judicial Member CATCHWORDS: Financial management order - making - Guardianship order - making - New evidence - Non disclosure of evidence to a party - Power of Attorney - review of - Procedural fairness MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: C/30314 DATE OF DECISION UNDER APPEAL: 03/16/2005 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 Guardianship Act 1987 J v Lieschke (1987) 69 ALR 647 KA v Public Guardian & Ors [2004] NSWADTAP 25 Kioa v West (1985) 159 CLR 550 CASES CITED: LA v Protective Commissioner & Ors [2004] NSWADTAP 39 Minister for Immigration and Multicultural & Indigenous Affairs v Lorenzo [2005] FCAFC 13 Nicopoulos v Commissioner for Corrective Services 2004 NSWSC 502 S503 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1372 WAKI v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1093 APPELLANT In person FIRST & SECOND RESPONDENTS: No appearance REPRESENTATION: THIRD & FOURTH RESPONDENTS: J Hozack, solicitor FIFTH RESPONDENT: No appearance SIXTH RESPONDENT: E Cho, legal officer ORDERS: 1. The Guardianship Tribunal's decision to dismiss the application for a guardianship order is set aside; 2. The Guardianship Tribunal's decision to dismiss the application for a financial management order is set aside; 3. The Guardianship Tribunal's decision not to conduct a review of the powers of attorney is set aside; 4. These matters are remitted to the Guardianship Tribunal to be heard and decided again taking into account the new evidence and any other evidence that is relevant