ZJJ v ZJK [2019] NSWCATAP 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZJJ v ZJK [2019] NSWCATAP 126 Hearing dates: 5 December 2018, 3 January 2019 (final submissions) Date of orders: 16 May 2019 Decision date: 16 May 2019 Jurisdiction: Appeal Panel Before: A Britton, Principal Member A Boxall, Senior Member P Foreman, General Member Decision: (1) Appeal dismissed. (2) Application for leave to appeal refused. Catchwords: ADMINISTRATIVE LAW —mandatory considerations – whether Tribunal failed to have regard to views of subject person

ADMINISTRATIVE LAW —irrelevant considerations –whether subject person's history of placements in aged care facilities constituted an irrelevant

ADMINISTRATIVE LAW — procedural fairness – refusal to grant an adjournment – whether proceeding to conduct the hearing in absence of a party constituted a denial of procedural fairness — whether Tribunal failed to take such measures as are reasonably practicable to ensure that the appellant had a reasonable opportunity to be heard.

STATUTORY INTERPRETATION —meaning of "services" in section 14(2)(d) of the Guardianship Act 1987

ADMINISTRATIVE LAW — whether decision was "legally unreasonable": Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332.

ADMINISTRATIVE LAW —whether Tribunal gave adequate reasons for its decision. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] EWCA Civ 1 Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 Beale v GIO (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 IF v IG [2004] NSWADTAP 3 Islam v Cash [2015] FCA 815; (2015) 148 ALD 132 IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90 P v NSW Trustee and Guardian [2015] NSWSC 579 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Sydney Supermarkets Pty Limited v Xu [2009] NSWADTAP 28 Wainohu v New South Wales [2011] HCA 24, (2011) 243 CLR 181 ZBC v ZBD [2016] NSWCATAP 264 Texts Cited: Judicial Review of Administrative Action and Government Liability by M Aronson, M Groves and G Weeks (Thomson Reuters, 6th ed, 2017) Category: Principal judgment Parties: ZJJ (Appellant) ZJK (First Respondent) ZJL (Second Respondent) ZJM (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) Representation: ZJJ (In person) ZJK (In person) File Number(s): AP 18/34833 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 24 May 2018 Before: J Simpson, Senior Member (Legal)E Love, Senior Member (Professional)L Porter, General Member File Number(s): 2016/0393393