What sort of matters are dealt with by the Guardianship and Protected Estate List of the Administratrive Decisions Tribunal?

The Administrative Decisions Tribunal (ADT) can decide appeals against certain decisions of the Guardianship Tribunal, the Mental Health Review Tribunal and Magistrates made under the Guardianship Act 1987, the Protected Estates Act 1983 and the Powers of Attorney Act 2003. These appeals are called external appeals.

The Tribunal can also review certain decisions of the Protective Commissioner and the Public Guardian. These applications are called applications for review.

• A review of the appointment of an enduring guardian under s6K
• The substitution of an enduring guardian under s6MA
• The making of a guardianship order under s14
• The review of a guardianship order under s25C
• The making of a financial management order under the Protected Estates Act 1983 by the Guardianship Tribunal under s25E
• The making of an interim financial management order (as above) under s25H
• The review of a financial management order under s25P
• The review of the appointment of a manager of a protected estate under s25U
• The giving of directions as to the exercise of a guardian’s functions under s28.

• decisions to review the making of, or operation and effect of, powers of attorney under section 36
• a decision not to carry out a review under section 36
• joinder of party decisions under section 35(3) including a decision to refuse a joinder application
  
  

• the appellant
• any person who is made a party by the Appeal Panel or by virtue of the rules of the Tribunal
• the Attorney General, if the Attorney General intervenes in the matter

• Applying the wrong statutory provision to the facts of the case
• Misinterpreting the words in a stuatory provision
• Making a finding of fact where there is no evidence to support that finding
• Not giving a party an adequate opportunity to present their case
• Not giving a party an adequate opportunity to repsond to any relevant information which is against them; and
• Not giving a party reasonable notice of the hearing

• that you disagree with the decision
• that the decision maker accepted the evidence of other witnesses and did not accept your evidence or the evidence of people who supported you
• the meaning of an ordinary word in a statute (as opposed to the meaning of a legal or technical word)

• Your name address and telephone number
• The date the decision was made and a copy of the decision
• The date you received the written decision
• The names and addresses of other parties involved in the original matter
• your reasons for appealing the decision on a question of law

• an order affirming or setting aside the decision
• an order remitting the matter back to the original body that made the decision
• an order in substitution for the original order.

• whether or not to approve the authorisation or withdrawal of an authorisation of a private estate manager to allow the protected person to deal with his or her estate(s23(5))
• the functions of a person appointed as manager of the estate of a protected person or protected missing person (s30)
• power to employ agents (S25)
• powers as to property (s24)
• execution of documents (s26)
• payments into trust fund (s27)
• disposition of money in the hands of the Protective Commissioner (s28)

• the protected person in respect of whose estate the decision was made
• the spouse of the protected person
• any other person whose interests are, in the opinion of the ADT adversely affected by the decision
• person managing the protected person's estate or appointed as manager (applications under S23A and S 30A)
• any person who in the opinion of the ADT has a genuine interest (applications under S 23A and S 30A)

• the person to whom the decision relates
• the spouse of the person
• the person who has the care of the person to whom the decision relates
• any other person whose interests are, in the opinion of the ADT, adversely affected by the decision.

• Your name, address and telephone number
• The name of the government agency that made the decision you want reviewed (ie Office of Protective Commissioner or Office of Public Guardian (OPC/OPG))
• The date the decision and the internal review decision were made
• A copy of the decision and internal review decision (this is normally the letter sent to you by the OPC/OPG))
• A brief outline of why you think the decision is wrong

• affirming the decision of the Protective Commissioner or Public Guardian;
• reversing the decision completely or in part;
• substituting a new decision for the original decision; or
• ordering the Protective Commissioner or Public Guardian to reconsider the decision.