DCA v Public Guardian [2017] NSWCATAD 364

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCA v Public Guardian [2017] NSWCATAD 364 Hearing dates: 10 August 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J S Currie, Senior Member Decision: (1) The decision is remitted to the administrator who made it for reconsideration in accordance with the recommendations of the Tribunal set out at [75]. Catchwords: ADMINISTRATIVE REVIEW - decision by Public Guardian as guardian appointed under a guardianship order - choice of service provider for the person under guardianship - obligations of the decision maker under the Guardianship Act 1987- application of the principles in section 4- validity of the application of the principles - s4 (a) - welfare and interests of the person to be given paramount consideration – correct and preferable decision- decision remitted for reconsideration in accordance with directions: s 65 Administrative Decisions Review Act 1997. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act, 2013, No. 2 (NSW) Guardianship Act 1987 (NSW) Guardianship Regulation 2016 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 at 77 McGarrigle v National Disability Insurance Agency [2017] FCA 308 P v NSW Trustee and Guardian [2015] NSWSC 579 at [56] Protective Commissioner v D [2004] NSWCA 216 (2004) 60 NSWLR 513 at 543 [167] WL v NSW Trustee and Guardian [2011]NSWADTAP 22 at [70]-[77] ZDU v ZDV [2017] NSWCATAP 197 Texts Cited: The Collins Australian Dictionary (6th Concise edition) The Concise Oxford Dictionary of Current English (4th edition) Category: Principal judgment Parties: DCA (Applicant) Public Guardian (First Respondent) DEX (Second Respondent) Representation: In Person (Applicant) In Person (Second Respondent)