KE v Protective Commissioner (No 2) [2005] NSWADT 51

CITATION: KE v Protective Commissioner (No 2) [2005] NSWADT 51 DIVISION: General Division APPLICANT PARTIES: KE RESPONDENT Protective Commissioner FILE NUMBER: 043013 HEARING DATES: 10/09/2004 SUBMISSIONS CLOSED: 09/10/2004 DATE OF DECISION: 09/10/2004

BEFORE: O'Connor K - DCJ (President) APPLICATION: Protected Estates Act - Protective Commissioner - powers as to property - Protective Commissioner - powers as to property MATTER FOR DECISION: Jurisdiction LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Protected Estates Act 1983 CASES CITED: KE v Protective Commissioner [2004] NSWADT 59 APPLICANT REPRESENTATION: A Campbell, counsel RESPONDENT T Tunbridge, solicitor ORDERS: 1. Decision to sell 1 Miller Street affirmed; 2. Application for review dismissed following Commissioner's withdrawal of decision to sell 6 Porter Avenue;

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.