BDO v Public Guardian [2015] NSWCATAD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BDO v Public Guardian [2015] NSWCATAD 152 Hearing dates: 28 March 2014; 2, 4, 8, 9, 11, 18, 22, 29, 30 July 2014; 3, 4, 5, 6, 10, 11, 12, 13, 17, 18, 19, 20 February 2015 Decision date: 17 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The decision of the Public Guardian that the son be accommodated in the USA under the care of his mother and his stepfather is set aside.

In substitution for this decision, the Tribunal orders that the son be accommodated in Australia in a purpose built home to include self-contained quarters for the father, with a separate entrance, and self-contained quarters for the mother, with a separate entrance. The Tribunal further orders that services for the son be provided by an external care agency and include a care co-ordinator, who is unrelated to the son, to liaise with the mother and the father. Catchwords: GUARDIANSHIP - Review of decision as to accommodation - Application of principles in s 4 of Guardianship Act 1987 – Financial viability of proposals – Welfare and interests of the person under guardianship - Role of the administrator in merits review proceedings. Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 Guardianship Regulations 2005 Cases Cited: Commissioner of Police, NSW Police Force v Fine and Independent Liquor and Gaming Authority [2014] NSWCATAP 24 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 Quinn v Minister of Young Community Services (1986) 5 NSWLR 716 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; Category: Principal judgment Parties: BDO (Father of person under guardianship) (Applicant) CBY (Mother of person under guardianship) (Joined party) Public Guardian (Respondent) B Ramjan (Guardian Ad Litem) Representation: Counsel: G Jauncey (Applicant) G Moore (Respondent) M Higgins (for the Guardian Ad Litem)