DWP v Public Guardian [2020] NSWCATAD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWP v Public Guardian [2020] NSWCATAD 64 Hearing dates: 13 December 2019 Date of orders: 24 February 2020 Decision date: 24 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member Decision: The decisions of the Public Guardian are affirmed. Catchwords: ADMINISTRATIVE LAW – review of decisions of the Public Guardian – accommodation and level of care - – relinquishing tenancy - welfare and interest – paramount consideration – wishes of protected person - whether decision is the correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Category: Principal judgment Parties: DWP (Applicant) Public Guardian (Respondent) Representation: Solicitors: Applicant –(Self Represented) Public Guardian (Respondent) File Number(s): 2019/00178465 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. The provision of these reasons (with persons identified) is not intended to be a publication or broadcasting of an official report of the proceedings.