DXG v Public Guardian [2020] NSWCATAD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DXG v Public Guardian [2020] NSWCATAD 8 Hearing dates: 30 December 2019 Date of orders: 30 December 2019 Decision date: 08 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: 1. The application for an order under s 60(2) of the Administrative Decisions Review Act 1997 to stay the operation of the access decision made by the Public Guardian on 6 December 2019 is refused.

2. Pursuant to s55(4) of the Administrative Decisions Review Act 1997 the application for administrative review made on 18 December 2019 may proceed notwithstanding that the applicant had not duly applied for an internal review. Catchwords: INTERLOCUTORY ORDER – decision of Public Guardian – application for administrative review – whether order staying the operation of the decision should be made Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 Guardianship Regulation 2016 Cases Cited: QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Category: Procedural and other rulings Parties: DXG (Applicant) Public Guardian (Respondent) Representation: In Person (Applicant) J Sayers (Respondent) File Number(s): 2019/00398244 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 disclosure of the names of the applicant or his grandfather is prohibited.