AL v Office of the Protective Commissioner [2007] NSWADT 176

CITATION: AL v Office of the Protective Commissioner [2007] NSWADT 176

DIVISION: General Division

APPLICANT PARTIES: AL RESPONDENT Office of the Protective Commissioner

FILE NUMBER: 073158

HEARING DATES: 13 July 2007

SUBMISSIONS CLOSED: 13 July 2007

DATE OF DECISION: 3 August 2007

BEFORE: O'Connor K - DCJ (President)

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

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Protected Estates Act 1983

CASES CITED: XO v Protective Commissioner [2006] NSWADT 322 GJ & Ors v Protective Commissioner [2005] NSWADT 266

APPLICANT J Raine of counsel instructed by P Gibson, solicitor, Nyman Gibson Stewart REPRESENTATION: RESPONDENT T Tunbridge, solicitor, Office of the Protective Commissioner

ORDERS: 1. That the decision under review be set aside.; 2. That, in substitution, the following decision is made:; (a) The Protective Commissioner may sell the Kiama property as from January 2009.; (b) The Protective Commissioner may sell the Kiama property before that date if a suitable, substitute property in the Kiama area is able to be rented.

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.