AHB v NSW Trustee and Guardian [2016] NSWCATAD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AHB v NSW Trustee and Guardian [2016] NSWCATAD 208 Hearing dates: 22 April 2016 Date of orders: 15 September 2016 Decision date: 15 September 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member Decision: The decision of the NSW Trustee and Guardian made on 3 July 2015 as affirmed at internal review 22 October 2015 is affirmed. Catchwords: ADMINISTRATIVE LAW – review of decision of NSW Trustee and Guardian – whether the decision to sell property is correct and preferable decision Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: AHB v NSW Trustee and Guardian [2012] NSWADT 76 AHB v NSW Trustee and Guardian [2012] NSWADTAP 37 AHB v NSW Trustee and Guardian [2014] NSWCA 216 Protective Commissioner v. D & Ors (2004) NSWCA 216 Category: Principal judgment Parties: AHB (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: AHB (Applicant in person) NSW Trustee and Guardian (Respondent in person) File Number(s): 1610009 Publication restriction: s.64 Civil and Administrative Tribunal Act 2013 (NSW) – No details identifying the applicant, protected person or witnesses to be published

reasons for decision

introduction 1. The NSW Trustee and Guardian (NSWTG) manages the finances of the protected person pursuant to an order of the (then) Guardianship Tribunal of NSW dated 24 October 2012. 2. Section 65 of the Civil and Administrative Tribunal Act 2013 prohibits, except under certain circumstances the publication of the name of a person to whom proceedings under the Guardianship Act 1987 relate. As the order appointing the NSWTG was made under that Act, the Tribunal made an order under s.64(1) of the Civil and Administrative Tribunal Act prohibiting the disclosure of the name of any person (whether or not a party to proceedings in the Tribunal or a witness summoned by, or appearing before the Tribunal.