DOI v NSW Trustee & Guardian [2018] NSWCATAD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOI v NSW Trustee & Guardian [2018] NSWCATAD 187 Hearing dates: 1 August 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Scarlett, Senior Member Decision: The application will be dismissed. Catchwords: CONTEMPT – whether Contempt of Tribunal established - JURISDICTION – whether Tribunal has jurisdiction to make orders sought Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s.58 Civil and Administrative Tribunal Act 2013 (NSW), ss.64, 73 NSW Trustee And Guardian Act 2009 (NSW), s.72 Category: Procedural and other rulings Parties: DOI (Applicant) NSW Trustee & Guardian (Respondent) Representation: Applicant in person

Solicitors: Mr Mackey, NSW Trustee & Guardian (Respondent) File Number(s): 2018/00067388 Publication restriction: IN ACCORDANCE WITH SECTION 64 OF THE CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 I prohibit the disclosure of the name of the Applicant, his mother or any of his siblings, or any information or other material which may identify those persons.

REASONS FOR DECISION 1. This is an Application for five interim orders made by the Applicant arising from an earlier interim hearing by Principal Member Titterton on 13 March 2018. 2. In his Application filed on 13 June 2018 the Applicant seeks five orders, which are set out as follows: 1 Temporary Interim Order to restrain T&G [1] from circumventing your previous assurance to myself (based on T&G's false assurance to you) in regard to the use and deployment of an authorised visitor. 2 That you find T&G and their legal counsel in contempt. This is based on their false assurance to you, on record, and their background work/support of a 'work-around' to circumvent your previous assurance which was made, in good faith, to myself. 3 That you use whatever powers at your disposal to protect me being removed as my mother's guardian, removed because I had accepted your assurance in good faith that it would not be to my detriment (nor my mother's) and also that the appointment of an authorised visitor could not be circumvented. 4 That you use the strongest instrument or power at your disposal to force T&G to hand over the documents that they have refused to supply, relating to all 29 decisions under review, ordered by you at the previous hearing in accordance with Section 58 of the Administrative Decisions Review Act 1997 – including but not limited to the following two examples: a The order issued by T&G approving the engagement of an authorised visitor, and if T&G continues to fully co-operate with your order, that you order the retrieval of all documents held by the company ZEAL & Co in relation to my mother, including the contents of her file – whether they were provided to them by T&G or since generated or updated (ZEAL & Co being the apparent company T&G alleges to have engaged for the role of authorised visitor – however the written order has still not been provided confirming this) b Copies of all budgets/budget reviews and all documents relied on in formulating those budgets – T&G claims they were generated but can't produce them. Also, absolutely no supporting documents have been provided – this is in breach of your orders. 5 That you place orders on T&G to prevent them from providing sensitive and personal information to my siblings. This is excessive information over and above what they are permitted to give to my siblings and well in excess to what they have provided me. This [is] in breach of T&G policy which entitles me to receive the same information provided to my siblings. Additionally as my mother's principle [2] carer and/or legal guardian I am also entitled to receive additional consultation from T&G. However, the opposite has been occurring, breaching my mother's privacy in the process. 1. The Respondent Trustee & Guardian opposes all five proposed orders on the ground that the Tribunal has no jurisdiction to make the orders. 2. The substantive Application before the Tribunal is an Application for Administrative Review by the Applicant, who states that he is the principal carer and legal guardian for his mother, whose estate was placed in the hands of the NSW Trustee & Guardian on 30 September 2015. He states that he requested that some 29 decisions of the Tribunal should be internally reviewed, but the Tribunal has not responded to or acknowledged his requests, now deemed to be refused. 3. On 13 March 2018, at an interim hearing, Principal Member Titterton made orders (and/or directions) that (in summary): 1. NSW Trustee & Guardian to give to the Tribunal and all other parties documents under s.58 of the Administrative Decisions Review Act 1997 on or before 29 March 2018. 2. The Applicant to give to the Tribunal and all other parties any material upon which he relies on or before 24 May 2018. Applicant to file an amended application setting out the decisions of the Respondent of which he seeks a review. 3. NSW Trustee & Guardian to give to the Tribunal and all other parties any material to be relied on by 14 June 2018. 4. The request by the Applicant to stay a decision made by the Respondent on 5 November 2017 appointing an Authorised Visitor refused. 5. Proceeding listed for directions on 19 June 2018. 6. Applicant's mother joined as a Respondent and a separate legal representative appointed for her. 1. On 19 June 2018 at an interim hearing, Senior Member Montgomery made orders (and/or directions) that (in summary): 1. The NSW Trustee & Guardian to provide all s.58 documents and response to the Applicant's correspondence by 29 June. 2. Applicant to provide his evidence and submissions by 24 August 2018. 3. NSW Trustee & Guardian to provide all evidence in reply, submissions and summary of legal arguments by 14 September 2018. 4. Order 6 made on 13 March 2018 joining the Applicant's mother as a party to the proceedings vacated. 5. Application for interim orders listed for hearing 1 August 2018 at 2:00 pm.