DPE v Public Guardian [2018] NSWCATAD 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPE v Public Guardian [2018] NSWCATAD 285 Hearing dates: 05 December 2018 Date of orders: 05 December 2018 Decision date: 11 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: The Respondent's decision made on 1 December 2017 which was that "The Public Guardian consents to you travelling to Taiwan where you will undergo residential rehabilitation treatment at a rehabilitation hospital, followed by you being accommodated at your daughter [DQT's] home in Taipei" is set aside. In substitution for that decision the following decision is made:

The Public Guardian consents to you travelling to China where you will undergo residential rehabilitation treatment at a rehabilitation hospital, followed by you being accommodated at your home with your wife, DPE in Shanghai. Catchwords: ADMINISTRATIVE LAW – review of decision made by Public Guardian that subject person live with daughter from first marriage in Taiwan – application by current wife for review of that decision – whether in best interests of subject person to live in Taiwan or in China with his wife – relevant principles Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Guardianship Act 1987 (NSW) Cases Cited: KD v the Public Guardian [2018] NSWSC 1547 Category: Principal judgment Parties: DPE (Applicant) Public Guardian (First Respondent) DQT (Second Respondent) Representation: Counsel: T Morahan (Applicant) M Neville (Public Guardian) M Pringle (Second Respondent)