VE v Protective Commissioner [2006] NSWADT 139

CITATION: VE v Protective Commissioner [2006] NSWADT 139

DIVISION: General Division

APPLICANT PARTIES: VE RESPONDENT Protective Commissioner

FILE NUMBER: 063008

HEARING DATES: 16/03/2006

SUBMISSIONS CLOSED: 03/16/2006

EXTEMPORE DECISION DATE: 03/16/2006

DATE OF DECISION: 05/11/2006

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Protected Estates Act - Protective Commissioner - powers as to property - Protective Commissioner - powers as to property

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Protected Estates Act 1983

APPLICANT J Shaw, solicitor REPRESENTATION: RESPONDENT C Phang, solicitor

ORDERS: 1. Application for an adjournment refused; 2. Conditional stay order made on 19 January 2006 revoked; 3. Application for review of decision to sell the Surfers Paradise property dismissed

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following: (a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division, (b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section. (1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person: (a) who appears as a witness before the Tribunal in any proceedings, or (b) to whom any proceedings before the Tribunal relate, or (c) who is mentioned or otherwise involved in any proceedings before the Tribunal, whether before or after the proceedings are disposed of. Maximum penalty: 10 penalty units or imprisonment for 12 months, or both. (2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section. (3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.