DJA v Public Guardian [2018] NSWCATAD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DJA v Public Guardian [2018] NSWCATAD 146 Hearing dates: 12 - 13 April 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the first respondent is affirmed. Catchwords: ADMININISTRATIVE Law - Protective Jurisdiction - Welfare and interest- Paramount consideration-care - level of care - most appropriate care for protected person - welfare of protected person Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 Guardianship Regulation 2016 NSW Trustee and Guardian Act 2009 Cases Cited: CPE v NSW Trustee and Guardian [2017] NSWCATAD 11 DCX v Public Guardian [2017] NSWCATAD 377 DGE v Public Guardian [2018] NSWCATAD 76 P v NSW Trustee and Guardian [2015] NSWSC 579 WL v NSW Trustee and Guardian [2011] NSWADTAP22 Texts Cited: Nil Category: Principal judgment Parties: DJA (Applicant) Public Guardian (First Respondent) DJT (Second Respondent) DJU (Third Respondent) Representation: Counsel: D Petrvshanko (Applicant) V Hartstein (First Respondent)

Solicitors: Owen Hodge Lawyers (Applicant) NSW Crown Solicitors Office (First Respondent) Self-represented (Second Respondent) Self-represented (Third Respondent) File Number(s): 2018/00041965 Publication restriction: Section 64 (1)(a) of the Civil and Administrative Tribunal Act applies to the identity of the protected person, the applicant, the second and third respondent.