OM v Public Guardian [2010] NSWADT 137

OM v Public Guardian [2010] NSWADT 137

The Tribunal was satisfied that OM's interests were adversely affected because relocation to Woy Woy would make regular visits to QI much more difficult, giving OM standing to seek review. On the merits, the medical and other evidence showed that QI had Alzheimer's Disease, was settled and generally happy at Waratah Nursing Home, had no behaviour disturbance, was well cared for, and had expressed a consistent wish to remain in Sydney. In light of Dr Kossoff's evidence about the risks of relocation for a person with dementia and the preservation of QI's family relationships and friendships, the correct and preferable decision was that QI continue to reside at Waratah Nursing Home, Acacia...

Jurisdiction
Australia
Judgment Date
08 June 2010
Procedural Posture
Application for Review of a Public Guardian Accommodation Decision Under the Guardianship Act 1987 / Merits Review in the Administrative Decisions Tribunal, General Division
Outcome
The Public Guardian's accommodation decision was set aside and substituted with a decision that QI continue to reside at Waratah Nursing Home, Acacia Centre, Marrickville.
Legal Topics
['public Guardian Accommodation Function' 'dementia and Residential Aged Care' 'merits Review' 'standing to Seek Review']
['guardianship' 'administrative Law'] ['public Guardian Accommodation Function' 'dementia and Residential Aged Care' 'merits Review' 'standing to Seek Review']

Case Brief

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Procedural Posture

Application for Review of a Public Guardian Accommodation Decision Under the Guardianship Act 1987 / Merits Review in the Administrative Decisions Tribunal, General Division

Legal Issues

  1. 1 ["Whether OM was entitled to apply for review of the Public Guardian's accommodation decision concerning QI." 'Whether the correct and preferable decision was for QI to be accommodated at Woy Woy Community Aged Care, at Salvin Blue Care Facility in Queensland, or to remain at Waratah Nursing Home, Acacia Centre, Marrickville.' 'Whether the Tribunal should make further orders controlling how future accommodation decisions for QI are made.']

Ratio Decidendi

The Tribunal was satisfied that OM's interests were adversely affected because relocation to Woy Woy would make regular visits to QI much more difficult, giving OM standing to seek review. On the merits, the medical and other evidence showed that QI had Alzheimer's Disease, was settled and generally happy at Waratah Nursing Home, had no behaviour disturbance, was well cared for, and had expressed a consistent wish to remain in Sydney. In light of Dr Kossoff's evidence about the risks of relocation for a person with dementia and the preservation of QI's family relationships and friendships, the correct and preferable decision was that QI continue to reside at Waratah Nursing Home, Acacia...

Court Disposition

The Public Guardian's accommodation decision was set aside and substituted with a decision that QI continue to reside at Waratah Nursing Home, Acacia Centre, Marrickville.

Orders

  • ['The decision of the Public Guardian that QI be accommodated at Woy Woy Community Aged Care in Woy Woy and not at the Salvin Blue Care Facility in Queensland is set aside.' 'In substitution for that decision, a decision is made that QI continue to reside at Waratah Nursing Home, Acacia Centre, Marrickville.']