DMO v Public Guardian [2019] NSWCATAD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMO v Public Guardian [2019] NSWCATAD 65 Hearing dates: 9 April 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member Decision: The proceedings be dismissed. Catchwords: ADMINISTRATIVE LAW - Application for review of decision of Public Guardian –Standing to seek review – Person whose interests are adversely affected – Meaning of "interests" – Application for dismissal under s 55 of the Civil and Administrative Tribunal Act, 2013; proceedings lacking in substance Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Guardianship Act 1987 (NSW) Guardianship Regulation 2016 (NSW) Cases Cited: BJK v Public Guardian [2015] NSWCATAD 60 Harrington v Corrective Services New South Wales, Department of Justice [2017] NSWCATAD 46 Category: Procedural and other rulings Parties: DMO (Mother of person under guardianship) (Applicant) Public Guardian (Respondent) Representation: DMO (Applicant in person) Crown Solicitor (Respondent) File Number(s): 2019/40289 Publication restriction: Publication restrictions apply under s 65 of Civil andAdministrative Tribunal Act 2013 (NSW)

REASONS FOR DECISION

Summary 1. The person under guardianship, who I will refer to in these reasons as "the son", is a man in his early 20s who has autism and a severe intellectual disability. The respondent, the Public Guardian, has been appointed as his guardian in respect of certain functions. 2. In these proceedings the applicant, known as DMO, who is the son's mother, seeks an administrative review pursuant to s 80A of the Guardianship Act 1987 (NSW) (Guardianship Act) of the decision made on 18 January 2019 by the respondent in connection with the exercise of the Public Guardian's functions as the guardian of her son (18 January 2019 decision). 3. For the reasons set out below, I have dismissed these proceedings pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) because the applicant does not have standing to apply for an administrative review of the 18 January 2019 decision.