KI v Public Guardian [2008] NSWADTAP 88

Appeal Panel - External

CITATION: KI v Public Guardian [2008] NSWADTAP 88

APPELLANT KI PARTIES: RESPONDENT Public Guardian

FILE NUMBER: 088018

HEARING DATES: 22 December 2008

SUBMISSIONS CLOSED: 22 December 2008

EXTEMPORE DECISION DATE: 22 December 2008 BEFORE: Hennessy N - Magistrate (Deputy President)

DECISION UNDER APPEAL: C/35242

FILE NUMBER UNDER APPEAL: 2007/1051

APPELLANT In person REPRESENTATION: RESPONDENT No appearance

ORDERS: Appeal dismissed

REASONS FOR DECISION 1 KI has requested written reasons for a decision made on 22 December 2008 to dismiss his external appeal by consent. 2 On 25 November 2008 KI lodged a Notice of Appeal against a decision of the Guardianship Tribunal made on 18 February 2008. In that decision, the Guardianship Tribunal decided that a guardianship order relating to KI should lapse. The effect of the order was that the Public Guardian no longer had any authority to make decisions on behalf of KI. 3 At the hearing I questioned KI about the Notice of Appeal. It became apparent following that questioning that he did not wish to appeal against the Guardianship Tribunal's decision. His concern was a document dated 20 February 2008 that the Public Guardian provided to him following the Guardianship Tribunal's decision. That document, entitled "Client Audit" stated that the reason for the audit was that the Public Guardian had been discharged. Next to the heading "Current File Category" were the words "monitoring with advocacy". Despite my repeated assurances, KI was of the view that this meant that the Public Guardian is continuing to monitor him despite the Guardianship Tribunal's decision. 4 After some further discussion, KI consented to the appeal against the Guardianship Tribunal's decision being dismissed.