WK v Public Guardian (No 2) [2006] NSWADT 121

CITATION: WK v Public Guardian (No 2) [2006] NSWADT 121

DIVISION: General Division

APPLICANT PARTIES: WK RESPONDENT Public Guardian

FILE NUMBER: 063131

HEARING DATES: 11/04/06

SUBMISSIONS CLOSED: 04/11/2006

DATE OF DECISION: 04/20/2006

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Guardianship Act - Public Guardian - consent to medical or dental treatment - Guardianship Act - Public Guardian - health care - Public Guardian - consent to medical or dental treatment - Public Guardian - health care

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Guardianship Act 1987 Guardianship Regulation 2005

Airedale National Health Service Trust v Bland [1993] AC 789 CASES CITED: Isaac Messiha (by his tutor Magdy Messiha) v South East Health [2004] NSWSC 1061 (11 November 2004) Northbridge v Central Sydney Area Health Service [2000] NSWSC 1241 WK v Public Guardian [2006] NSWADT 93

APPLICANT In person REPRESENTATION: RESPONDENT C Phang, solicitor

ORDERS: In accordance with s 65 of the Administrative Decisions Tribunal Act, the decisions are remitted to the Public Guardian for reconsideration.

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.