EBR v Public Guardian [2020] NSWCATAD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EBR v Public Guardian [2020] NSWCATAD 4 Hearing dates: 20 November 2019 Date of orders: 08 January 2020 Decision date: 08 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member Decision: (1) NSW Trustee and Guardian is removed as a party to the proceedings. (2) The decision of the Public Guardian made on 1 October 2019 to accept on behalf of the mother respite with the view of permanent accommodation at the Central Coast ACF is affirmed. Catchwords: ADMINISTRATIVE LAW – person under guardianship – review of decision of Public Guardian that person be accommodated in aged care facility – correct and preferable decision – welfare and interests of person to be given paramount consideration Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Carers (Recognition) Act 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Evidence Act 1995 (NSW) Guardianship Act 1987 (NSW) Guardianship Regulation 2010 (NSW) Interpretation Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 Category: Principal judgment Parties: EBR (Applicant) Public Guardian (First Respondent) EBS (Second Respondent) Representation: Solicitors: Applicant (Self Represented) B Sutton (First Respondent) Second Respondent (Self Represented) File Number(s): 2019/00315368 Publication restriction: Pursuant to an order made under section 64 of the Civil and Administrative Tribunal Act 2013, publication restrictions apply.