ALY v NSW Trustee and Guardian [2012] NSWADT 255

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ALY v NSW Trustee and Guardian [2012] NSWADT 255 Hearing dates: 3 December 2012 Decision date: 05 December 2012 Jurisdiction: General Division Before: Magistrate N Hennessy, Deputy President Decision: The decision of the NSW Trustee and Guardian to withdraw the applicant's authority to manage his Disability Support Pension is affirmed. Catchwords: MERITS REVIEW - NSW Trustee and Guardian decision to withdraw applicant's authority to manage his Disability Support Pension - applicant refused to pay accommodation fees at Forensic Hospital - evidence of financial exploitation by ex wife - not in applicant's best interests that he manage his pension Legislation Cited: Administrative Decisions Tribunal Act 1997 NSW Trustee and Guardian Act 2009 Category: Principal judgment Parties: ALY (Applicant) NSW Trustee and Guardian (Respondent) Representation: ALY (Applicant in person) R Stormont (NSW Trustee and Guardian) File Number(s): 123285

REASONS FOR DECISION

Introduction 1The NSW Trustee and Guardian manages ALY's financial affairs. The Trustee has decided not to continue to allow ALY to manage his Disability Support Pension himself because he has not been paying accommodation fees to the Forensic Hospital at Malabar for over 12 months. Instead, ALY has been allowing his ex wife to withdraw virtually all his pension money from his bank account. I have decided that it is in ALY's best interests for the Trustee to manage ALY's pension so that his accommodation fees are paid and his ex wife cannot withdraw money from his account.