DCX v Public Guardian [2017] NSWCATAD 377

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCX v Public Guardian [2017] NSWCATAD 377 Hearing dates: 25 August 2017 Date of orders: 22 December 2017 Decision date: 22 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J S Currie, Senior Member Decision: The decision of the Public Guardian is affirmed. Catchwords: ADMINISTRATIVE REVIEW - decision by Public Guardian as guardian appointed under a guardianship order – exercise of access function – decision to restrict the Applicant's access to the subject person to regular telephone calls and to prohibit any other form of access, including physical access, subject to further review. Obligations of the decision maker under the Guardianship Act 1987- application of the principles in section 4- finding that the decision maker correctly applied the section 4 principles. Finding that the decision remained the correct and preferable decision, consistent with the section 4 principles, at the date of hearing. 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) Cases Cited: DCA v Public Guardian [2017] NSWCATAD 364 Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 at 77 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 Category: Principal judgment Parties: DCX (Applicant) Public Guardian (Respondent) Representation: Counsel: M. Moore (Respondent) Applicant: In Person