DQI v NSW Trustee & Guardian [2019] NSWCATAD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQI v NSW Trustee & Guardian [2019] NSWCATAD 75 Hearing dates: 5 April 2019 Date of orders: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member Decision: 1. The decisions of the first respondent are affirmed Catchwords: ADMINISTRATIVE LAW - Protective Jurisdiction – Welfare and Interest – Paramount consideration – Gifting from estate of protected person Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 NSW Trustee and Guardian Act 2009 Category: Principal judgment Parties: DQI (Applicant) NSW Trustee and Guardian (First Respondent) Representation: Applicant – self-represented Respondent – K Kwan, Legal Officer, NSW Trustee and Guardian File Number(s): 2018/00348173 Publication restriction: Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013, a person must not without the consent of the Tribunal, publish, or broadcast the name of any person who appears as a witness in these proceedings, to whom these proceedings relate, or is mentioned or otherwise involved in the proceedings. The name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

REASONS FOR DECISION

Background 1. This is an application to review the decision of the NSW Trustee and Guardian (NSWTG) to decline requests made by DQI for $450 for family birthday gifts and $3,000 for a gift for her birthday from the estate of her mother, who is a protected person and will be referred to as 'DEP' in these proceedings. 2. DEP is approximately 85 years old and resides in an aged care facility. She has two children, a son and a daughter (DQI) who is the applicant in these proceedings. She also has a number of grandchildren and great grandchildren. 3. Due to the sensitive nature of these proceedings, an order was made, under subsection 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), that the name of the applicant and any person involved in the proceedings is not to be published or broadcast without the leave of the Tribunal. 4. On 5 March 2018 the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT or the Tribunal) committed the management of DEP's financial affairs to the NSWTG. 5. DQI made several requests to the NSWTG relating to the transfer of ownership of a vehicle owned by DEP and the gifting of $450 and $3000, DQI was informed by letter dated 10 September 2018 from the NSWTG Senior Client Services Officer managing DEP's affairs that the following decisions had been made in relation to her mother's estate: 1. Decision allowing DQI to use DEP's vehicle, subject to regular reviews but stating that the vehicle was to remain DEP's asset. 2. Decision to decline to reimburse $450 for DQI's family's birthdays. 3. Decision to decline a request for $3,000 for DQI's birthday. 1. DQI requested that the NSWTG conduct an internal review of the decisions made on 10 September 2018. 2. By letter dated 29 October 2018 was informed of the outcome of that review. The reviewing officer varied Decision (1) above and approved the gifting of the vehicle previously owned by DEP to DQI. Decisions (2) and (3) were affirmed. 3. On 12 November 2018 DQI filed an application with this (the Administrative and Equal Opportunity) Division of NCAT seeking review of the decisions of NSWTG made on 29 October 2018 in relation to Decisions (2) and (3) above. 4. For the reasons set out below, I have affirmed the decisions of the NSWTG in relation to Decisions (2) and (3) above to decline the requests by DQI to be paid the amounts of $450 and $3,000 as gifts from the estate of DEP.