Case of DZJ (son of NSWTG client)
Background
Tribunal Refuses Summons
It seems that the NSW Civil & Administrative Tribunal (NCAT) is helping NSW Trustee & Guardian to hide potential welfare fraud by refusing my summons of documents to settle the matter. At least that is my assessment based on the balance of probabilities.
The following is my reasoning (verbatim) for summonsing documents from NSWTG, which I gave NCAT (as you can also see in the pdf which follows):
To establish the veracity of the assertion by NSWTG that "We have advised My Aged Care of the situation so we are up to date with the matter at hand" said at 1h21m03h by MAREE RICE to SM Leal in audio of hearing 2021/00090257 (see attached mp3).
This is CRITICAL to whether the house needs to be sold (the key issue of 2022/00057900).
Rules of MyAgedCare state that if the NSWTG client has income greater than $28,472.59 (which she does from rent) then she must pay a regular DAC fee ($12.38) to her Aged Care Facility which in turn makes her eligible for a pension. See appendix.
Reinstatement of pension would obviate any need to sell the house of the client.
My past summons' have proved NSWTG to have not told the truth.
I requested "Any documentation of communications with MyAgedCare regarding the rental income being collected on behalf of client XXXXXXXXX"
Tribunal Says 9 Hours Commute is Reasonable
The Tribunal (in a review which supported the Trustee) suggested I could move from Mum's house to my place in Port Macquarie and make my daily care visits to Mum's ACF from there. That would be 9 hours commuting daily (if I had a car, which I do not).
See paragraph 45 in the official Reasons for Decision.
Therefore, according to her, it should be no problem selling Mum's house which is in a location giving me easy access to Mum.
That house is also earning rent from me and three lodgers to pay her nursing home fees and $15k year for the lazy Trustee
who did very little except scheme how to profiteer by selling the house.
The purveyor of this callous irresponsible assessment was Suzanne Leal, Senior Member at NCAT, and
published author
... of fiction, with her most recent work titled "The Deceptions" (I kid you not). Her judicial pronouncements are more fantastic than her novels.
Appeal Panel Fails to Address Grounds of Appeal
I appealed an NCAT review (which I lost) of the decision by NSWTG to sell the family home.
NCAT refused to even allow the appeal, claiming to have refuted my grounds of appeal in their published
Reasons for Decision
and yet you can see for yourself that they did not address any of the eight grounds of appeal in
my application.
It seems they failed to notice that I did "use a separate sheet if needed", which in this case was
my email
to which my application was attached
(applications were by email at this time because of pandemic restrictions).
Perhaps this is simply an administrative error by NCAT's Senior Member Ransome but
this error has resulted in me having to spend tens of thousands of dollars in legal fees
to correct it out in an upcoming Supreme Court hearing.
It is certainly not acceptable from a professional of his standing.
$20,000 Vanished
A particularly fascinating side issue is that early on when TAG took over financial management
I deposited $20,000 cash into a bank account supposedly reserved exclusively for my Mum.
They "lost" that money and I had to produce a receipt from the bank teller.
Twelve weeks later they found it!
After about two and a half years of my repeatedly asking for an explanation they finally respond, saying they are...
"unable to give you a reason for this administration delay in getting [it] into your mother’s NSW Trust account"
