DHQ v DHR [2018] NSWCATAP 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHQ v DHR [2018] NSWCATAP 128 Hearing dates: 29 March 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Appeal Panel Before: A Britton, Principal Member L Dive, Senior Member A Lowe, General Member Decision: 1. The time to lodge the notice of appeal is extended to 30 January 2018.

2. The appeal is dismissed. Catchwords: HUMAN RIGHTS — whether the Tribunal in reviewing a financial management order was properly constituted in accordance with cl 4 of Sch 6 to the Civil & Administrative Tribunal Act 2013 (NSW)

PROCEDURAL FAIRNESS — bias — actual bias

HUMAN RIGHTS — whether decision was unreasonable — whether decision lacked an intelligible justification Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: ABT v NSW Trustee and Guardian & ors [2011] Administrative Decisions Tribunal, 118003 (unreported, Hennessey, N, Goodchild, L, Field, B, 22 June 2011) Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] EWCA Civ 1 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Minister for Immigration & Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Oswal v Commissioner of Taxation [2015] FCA 1439 P v NSW Trustee and Guardian [2015] NSWSC 579 South Western Sydney Area Health Services v Edmonds [2007] NSWCA 16 ZBC v ZBD [2016] NSWCATAP 264 ZGM v ZGN [2018] NSWCATAP 101 Texts Cited: M Aronson and M Groves, Judicial Review of Administrative Action, (Lawbook Co, 5th ed, 2013) M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (Thomson Reuters, 6th ed, 2017) Category: Principal judgment Parties: DHQ (Appellant) DHR (First Respondent) Public Guardian (Second Respondent) NSW Trustee and Guardian (Third Respondent) Representation: Appellant (In person) M Warren, solicitor, guardian ad litem (First Respondent) File Number(s): AP 18/05641 Publication restriction: Pursuant to s 65(1) of the Civil & Administrative Tribunal Act 2013 the publication or broadcast of the name of any person who is mentioned or is otherwise involved in this matter, is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: n/a Date of Decision: 25 August 2017 Before: J Anderson, Senior Member File Number(s): 2009/00475426