BTH v The Public Guardian [2017] NSWCATAP 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BTH v The Public Guardian [2017] NSWCATAP 10 Hearing dates: 14 July 2015 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President P Molony, Senior Member (Legal) J Newman, General Member (Community) Decision: 1. The application by BTJ seeking an order that the proceedings be permanently stayed is dismissed.

2. In proceedings BTH v The Public Guardian (AP 15/05027) the appeal is allowed.

3. The following orders of the Guardianship Division of the Tribunal made on 21 November 2014 are set aside but not until such time as the Guardianship Division re-determines the review of the guardianship order made by the Tribunal on 27 May 2014 appointing the Public Guardian of NSW as BTI's guardian:

(a) The Guardianship Order concerning BTI made on 27 May 2014 (Matter No: 2013/7807) is to lapse; and

(b) The Guardianship Order is revoked for any remaining period of the order.

4. The review of the guardianship order made by the Tribunal on 27 May 2014 appointing the Public Guardian of NSW as BTI's guardian is remitted to the Guardianship Division of the Tribunal for determination in accordance with law with parties permitted to file new and contemporaneous evidence. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division – internal appeal – end of term review of guardianship order – jurisdiction to grant permanent stay – duty to give reasons – adequacy of reasons – mandatory considerations in s 14(2) of the Guardianship Act 1987 (NSW) – appeal allowed – matter remitted for redetermination Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 92(1)(a)(i), 102 Civil and Administrative Tribunal Act 2013 (NSW), cl 13(1) of Sch 6, ss 4, 4(1), 28, 29(3), 32(2), 32(2)(a), 32(4), 36, 37, 45(3)(b), 45(4)(c), 50, 50(2), 55(1)(b), 62(3), 80(2)(b), 80(3), 80(3)(a), 81 Guardianship Act 1987 (NSW), ss 4, 6I, 14, 14(2), 14(2)(d), 25(2)(b) Powers of Attorney Act 2003 (NSW), s 36 Cases Cited: BDN [2014] NSWCATGD 15 BTH v BTI [2016] NSWSC 533 BTH v NSW Public Guardian [2016] NSWCATAP 12 Burns v Sunol [2015] NSWCATAD 178 BZE v NSW Public Guardian [2015] NSWCATAP 64 Collins v Urban [2014] NSWCATAP 17 Herbert v Workers Compensation Commission [2016] NSWCATAD 28 IF v IG [2004] NSWADTAP 3 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11 Pollard v RRR Corp [2009] NSWCA 110 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Tuffy v Chadban [2004] NSWADT 216 Category: Principal judgment Parties: BTH (Appellant) The Public Guardian (First Respondent) BTI (Second Respondent) BTJ (Third Respondent) Representation: Z Heger (Appellant) C O'Mahony (Second Respondent) D Reid (Third Respondent) File Number(s): AP 15/05027 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited (s 65, Civil and Administrative Tribunal Act 2013 (NSW)). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: 2014/4667 Date of Decision: 21 November 2014 Before: D Thorley, Dr I Beale, and L Manns File Number(s): C/54466