AKP v NSW Trustee and Guardian [2012] NSWADTAP 38

Catchwords: EXTERNAL APPEALS - decisions of Guardianship Tribunal that applicant has no standing to apply for guardianship or financial management order - applicant appeals to Administrative Decisions Tribunal against that finding - whether Administrative Decisions Tribunal has jurisdiction to entertain the appeal Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AKP v NSW Trustee and Guardian [2012] NSWADTAP 38 Hearing dates: 10 October 2012 Decision date: 12 October 2012 Jurisdiction: Appeal Panel - External Before: Magistrate N Hennessy, Deputy President Decision: Appeals dismissed Catchwords: EXTERNAL APPEALS - decisions of Guardianship Tribunal that applicant has no standing to apply for guardianship or financial management order - applicant appeals to Administrative Decisions Tribunal against that finding - whether Administrative Decisions Tribunal has jurisdiction to entertain the appeal Legislation Cited: Guardianship Act 1987 Administrative Decisions Tribunal Act 1997 Category: Principal judgment Parties: AKP (Appellant) NSW Trustee and Guardian (First Respondent) AKQ (Second Respondent - File No. 128007) AKT (Second Respondent - File No. 128008) The Guardianship Tribunal (Third Respondent) Representation: AKP - In person NSW Trustee and Guardian - No appearance AKQ - Philip J King, solicitor AKT - Philip J King, solicitor Guardianship Tribunal - A Sprouster, legal officer File Number(s): 128007 128008 Decision under appeal Citation: 2012/961; 2012/962 (C/49573) 2012/1233 (C/49653) Date of Decision: 2012-05-23 00:00:00 File Number(s): C/49573 C/49653 REASON FOR DECISION 1 AKP applied to the Guardianship Tribunal for guardianship and financial management orders in relation to two women, AKQ and AKT. The Guardianship Tribunal dismissed the applications because it found that AKP did not have standing. The Guardianship Act 1987 requires that an applicant for a guardianship or financial management order be a person who has a "genuine concern for the welfare of the person": Guardianship Act , s 9(1) and s 25I. 2 AKP lodged appeals with this Tribunal against the Guardianship Tribunal's decisions. External appeals may be made if they relate to certain "appealable decisions" by the Guardianship Tribunal: Administrative Decisions Tribunal Act 1997, s 118B. Those decisions include a decision to make a guardianship order and a decision to make a financial management order: Guardianship Act , s 67A. A decision under s 9(1) or s 25I that a person does not have a genuine concern for the welfare of the person, and therefore does not have standing to make an application, is not an appealable decision. Consequently this Tribunal has no jurisdiction to hear or determine AKP's appeals and they are dismissed. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 12 October 2012