TFI [2014] NSWCATGD 14

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TFI [2014] NSWCATGD 14 Hearing dates: 3 July 2014 Decision date: 03 July 2014 Jurisdiction: Guardianship Division Before: Hughes B, Senior Member (Legal) West C, Senior Member (Professional) Circuitt M, General Member (Community) Decision: Interstate recognition of appointment of financial manager/administrator revoked Catchwords: INTERSTATE RECOGNITION - review of recognition of appointment of financial manager/administrator - powers on review. Legislation Cited: Guardianship Act 1987 (NSW) Cases Cited: EMG v Guardianship and Administration Board of Victoria [1999] NSWSC 501 Category: Principal judgment Parties: Mrs TFI Mrs SAT (Applicant and Financial Manager/Administrator) The Australian Capital Territory Civil and Administrative Tribunal File Number(s): 55445 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION 1These Reasons for Decision are for the orders of the Tribunal made on 3 July 2014.

What the Tribunal decided 2The Tribunal revoked the recognition of the appointment of Mrs SAT as the administrator of Mrs TFI.

Background 3Mrs TFI is a 92-year old woman who is a permanent resident of an aged care facility at Regional NSW. Mrs TFI has a daughter, Mrs SAT, who lives at Regional NSW. 4On 24 September 2013 the Australian Capital Territory Civil and Administrative Tribunal ('the ACT CAT') appointed Mrs SAT as the guardian and manager of Mrs TFI's estate. The ACT CAT ordered that it would review this appointment on its own initiative before 24 September 2016. The order was made when Mrs TFI was a patient at a public hospital in the Australian Capital Territory. 5On 24 January 2014 the Guardianship Division received a request for recognition of the interstate appointment of Mrs SAT as guardian and administrator of the estate of Mrs TFI. The applicant for recognition was Mrs SAT. 6On 30 January 2014, at a procedural hearing, the Guardianship Division ordered the recognition of the appointment of Mrs SAT by the ACT CAT as the guardian and administrator of Mrs TFI's estate. The recognition was pursuant to s 48B of the Guardianship Act 1987 (NSW) ('the Guardianship Act'), which is set out below. The NSW recognition orders were to be reviewed in two years and nine months. 7Mrs SAT submitted a letter dated 17 February seeking a review of the recognition of her appointment as the administrator of the estate of Mrs TFI on the grounds that that recognition was unnecessary and should be revoked. The review was listed for hearing on 3 July 2014. 8The Guardianship Division erroneously listed a review of the recognition of Mrs SAT's appointment as guardian of Mrs TFI. There was no application for a review of the recognition of the appointment of Mrs SAT as guardian for Mrs TFI. Accordingly the Tribunal did not hear or make any orders in respect of the recognition of the appointment of Mrs SAT as guardian. 9This was the review of the recognition of the appointment of Mrs SAT as the administrator of the estate of Mrs TFI.