AAD v NSW Trustee and Guardian [2013] NSWADTAP 40

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AAD v NSW Trustee and Guardian [2013] NSWADTAP 40 Hearing dates: 22 July 2013 Decision date: 21 August 2013 Before: Magistrate N Hennessy, Deputy President Mr P Molony, Judicial Member Ms A Wunsch, Non-Judicial Member Decision: The appeal is dismissed. Catchwords: APPEAL - appeal against decision of Guardianship Tribunal confirming the appointment of the NSW Trustee as AAE's financial manager - whether Guardianship Tribunal should have reviewed financial manager order as well as appointment; whether Guardianship Tribunal breached rules of procedural fairness by not allowing a non-party to speak at the hearing - whether appeal should be extended to grounds other than a question of law Legislation Cited: Guardianship Act 1987 Administrative Decisions Tribunal Act 1997 Cases Cited: Italiano v Carbone v Ors [2005] NSWCA 177 Re Refugee Tribunal; ex parte Aala [2000] HCA 57; (2000) 75 ALJR 52 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 K v K [2000] NSWSC 1052; S v S [2001] NSWSC 146 S v S [2001] NSWSC 146 Re R [2000] NSWSC 886 (17 August 2000) Holt v Protective Commissioner (1993) 31 NSWLR 227. Category: Principal judgment Parties: AAD NSW Trustee and Guardian AAE AAF Guardianship Tribunal Representation: APY (agent for AAD) Ms J McIlwraith (Guardian ad litem for AAE) AAF (3rd respondent in person) NSW Trustee and Guardian (no appearance) Guardianship Tribunal (no appearance) File Number(s): 138004 Publication restriction: Section 126 Administrative Decisions Tribunal Act 1997 Decision under appeal Citation: 2012/1525 2012/3754 File Number(s): C/45583