Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. On 31 July 2024, the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) made a guardianship order in respect of YMC (the Son), appointing the NSW Public Guardian as his guardian for a period of two years with the functions of access, accommodation, health care, medical and dental consent, services and restrictive practices (chemical and environmental restraint).

2. The Son's stepmother, YKW (the "Stepmother" or "appellant") appeals from that decision. YLN, (the "Father") the Son's father and Stepmother's husband, supports the appeal while YLB, (the "Mother") the Son's mother, opposes the appeal.

3. The Son is diagnosed with intellectual disability, autism spectrum disorder and epilepsy and, as a result of those conditions, he was unable to participate in the appeal. Counsel appearing as separate representative for the Son said that no grounds have been established to allow the appeal.

4. For the reasons that follow, insofar as the appellant raises a question of law, we dismiss the appeal. We refuse leave to apply on any other ground.

Publication of the names of the parties

5. Because it is an official report of these appeal proceedings, the prohibition of the publication of the name of any person mentioned, or otherwise involved, in an "internal appeal" against a decision made by the Guardianship Division (GD) of NCAT does not apply to these reasons: Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), ss 65(1)(a), 65(3). However, because of the sensitive nature of the matters discussed in these reasons, we decided not to refer to the parties by their real names. For ease of reading in these reasons, we will not use the pseudonyms assigned to the parties by the Registry. Rather we will refer to the parties by their roles, as indicated.

Legislative framework

6. Part 3 of the Guardianship Act 1987 (NSW) sets out provisions related to review of an existing guardianship order. NCAT must review a guardianship order "at the request of any person entitled to request a review of the order" and "at the expiration of the period for which the order has effect": Guardianship Act, s 25(2). The persons entitled to request a review are specified in s 25B of the Guardianship Act, namely an existing guardian, the subject person, the Public Guardian, and "any other person who, in the opinion of the Tribunal, has a genuine concern for the welfare of the person under guardianship" (s 25B(d)).

Disclaimer: Curated by HT Syndication.