Choi v NSW Ombudsman [2018] NSWCATAD 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v NSW Ombudsman [2018] NSWCATAD 248 Hearing dates: 15 October 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The name of the respondent in proceedings 2018/00226998 is amended to NSW Ombudsman. 2. A person is appointed as a guardian ad litem for Ms Choi in proceedings 2018/00226998. 3. A person is appointed as a guardian ad litem for Ms Choi in proceedings 2018/00299612. Note: the person is to be appointed from the Guardian Ad Litem Panel which is the panel constituted as the Guardian Ad Litem Panel by the Secretary of the Department of Justice: Civil and Administrative Tribunal Regulation 2013 (NSW), Reg 10. An order will be made naming the person appointed when that advice is received from the Guardian Ad Litem Panel. 4. Both proceedings are listed for directions on 6 November 2018 at 12.30 pm for case management. Catchwords: PRACTICE AND PROCEDURE – applications for appointment of guardian ad litem – legal test to be applied – whether applicant totally or partially incapable of representing herself – whether discretion should be exercised to appoint a guardian ad litem Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), s 71(4) Anti-Discrimination Act 1977 (NSW), s 96 Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 45, 52 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 (NSW), cl 37 Government Information (Public Access) Act 2009 (NSW), s 43 and Sch 2, cl 2 Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: CEU v Ombudsman [2017] NSWCATAD 267 CEU v University of Technology Sydney [2017] NSWCATAD 280 CEU v University of Technology Sydney [2017] NSWCATAD 79 CEU v University of Technology Sydney [2018] NSWCATAD 13 CEU v University of Technology Sydney [2018] NSWCATAD 53 CEU v University of Technology, Sydney [2018] NSWCATAD 185 Choi v University of Technology Sydney [2017] NSWCATAD 198 Choi v University of Technology Sydney [2018] NSWCATAD 7 Dezfouli v Corrective Services [2011] NSWADT 11 Category: Procedural and other rulings Parties: Jae Hee Choi (Applicant) NSW Ombudsman (Respondent) Representation: Applicant (self-represented)