DII v Public Guardian [2018] NSWCATAD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DII v Public Guardian [2018] NSWCATAD 203 Hearing dates: 6 & 19 April 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S. Scarlett, Senior Member Decision: The decision of the NSW Public Guardian made on 14 December 2017 for the Applicants' mother, known as DKI, to continue to reside at the aged care facility where she currently resides is affirmed. Catchwords: Guardianship – administrative review - application for review of a decision of the Public Guardian – internal review – where internal review finalised – where guardian relied on independent medical evidence Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss. 9, 53, 55, 58, 63 Civil and Administrative Tribunal Act 2013 (NSW), ss. 30, 44 Guardianship Act 1987 (NSW), ss.4, 80A Guardianship Regulation 2016 (NSW) Cases Cited: IR v AR [2015] NSWSC 1187 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Eve [1986] 2 SCR 388 Category: Principal judgment Parties: DII & DKH (Applicants) Public Guardian (Respondent) Representation: Counsel: A Rose (Respondent)

Solicitors: Applicants in person Crown Solicitor's Office (Respondent) File Number(s): 2018/00040787 Publication restriction: With the exception of expert witnesses or officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.