CVU v NSW Trustee and Guardian [2017] NSWCATAD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CVU v NSW Trustee and Guardian [2017] NSWCATAD 123 Hearing dates: 3 March 2017 Date of orders: 21 April 2017 Decision date: 21 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant Senior Member Decision: The decision of the NSWTG to terminate a fortnightly allowance paid to the applicant and instead, require the applicant to seek pre-approval for expenditure and provide receipts is affirmed. Catchwords: ADMINISTRATIVE LAW – review of decision of NSW Trustee and Guardian – objects and principles of the NSW Trustee and Guardian – payment or reimbursement of expenses – allowances or pre-approval and receipts - correct and preferable decision. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: CVU (Applicant) NSW Trustee and Guardian (Respondent) Representation: CVU (Applicant in person) NSW Trustee and Guardian (Respondent) File Number(s): 2016/00378490 Publication restriction: s 64 Civil and Administrative Tribunal Act 2013 (NSW) – no details identifying applicant, protected person or witnesses to be published.

REASONS FOR DECISION

Background 1. The applicant is the daughter of the protected person and seeks a review of a decision of the NSW Trustee and Guardian (NSWTG) to terminate a carer allowance paid to her. 2. The protected person will be referred to as 'the mother' in this decision. The mother is 87 years old and has a disability being dementia. On the 19 January 2016 the Guardianship Tribunal found the mother was not capable of managing her finances and made an order to appoint the respondent (NSWTG) to exercise the functions of financial management for the mother. 3. At the time of the financial management order the mother lived with the applicant in the applicant's home. From 25 February to July 2016 the NSWTG paid the applicant an accommodation allowance of $250.00 per fortnight and a further $161.00 per fortnight for costs in caring for the mother. In July 2016 the mother was admitted to hospital and the NSWTG stopped paying the allowance. The allowance was then reinstated for a short time but at the lower rate of $50.00 per fortnight. On 4 October 2016, the mother was placed in an aged care facility and the respondent terminated all allowances paid to the applicant. This was on the basis the costs of her care were being met by the facility as part of her accommodation fees. The applicant seeks an administrative review of this decision.