AJC - [2020] QCAT 16 | CaseChat AU

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

AJC [2020] QCAT 16

PARTIES:

In applications about matters concerning AJC

APPLICATION NO/S:

GAA9028-19 (Appointment of an Administrator); GAA9029-19 (Appointment of a Guardian); GAA10639-19 (Appointment of a Guardian); GAA10640-19 (Appointment of an Administrator)

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

21 January 2020

HEARING DATE:

18 October 2019

HEARD AT:

Ipswich

DECISION OF:

Member Hemingway

ORDERS:
1.   The Application by BPN for the appointment of a guardian for AJC is dismissed.

2.   The Application by AXY for the appointment of a guardian for AJC is dismissed.

ADMINISTRATION

3.   The Public Trustee of Queensland is appointed as Administrator for AJC for all financial matters.

4.   The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

5.   The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

6.   This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in two (2) years.

7.   The application by AXY for the appointment of an administrator for AJC is dismissed.

CATCHWORDS:
HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINANCIAL MANAGEMENT – capacity – presumption of capacity –forensic order implications – whether there is a requirement for a decision-maker for personal and or financial matters to be appointed – satisfaction of unreasonable risk to adult – whether the finding of impaired capacity requires the appointment of a decision-maker – Appropriateness of appointees

Guardianship and Administration Act 2000 (Qld), s 5, s 7, s 12(1)(a), s 12(1)(b), s 12(1)(c), s 14, s 15, s 16, Schedule 1, Schedule 4

Mental Health Act 2016 (Qld), s 12, s 288, s 289

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented, supported by Carers Queensland Representative GVD

REASONS FOR DECISION

Background

AJC (‘the adult’) is aged 40 and is an inpatient of a secure unit of a mental health facility. He has a long-standing diagnosis of schizophrenia resulting in cognitive deficits. His illness is said to be treatment- resistant. His illness is complicated by a history of substance abuse and often manifests in delusions at times focused on AXY. AJC is subject to a Forensic Order under the Mental Health Act 2016 (Qld).[1]
[1]Mental Health Act 2016 (Qld), s 12, s 288.
The Forensic Order was imposed as a result of a criminal offence where the adult whilst delusional, stabbed his uncle with a knife. The Clinical Report Forensic Order refers to violence and aggression towards himself and others as features of AJC’s mental health issues.
Two applications were made to QCAT. AXY seeks the appointment of herself and the RFM as administrators for AJC.
BPN’s application seeks the appointment of a guardian for decisions about personal matters for the adult, in particular decisions about where the adult should live, service provision, health care decisions limited to decisions which are not embraced by the Forensic order to which the adult is subject.
BPN proposed that the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading AJC

Details

AGLC: AJC [2020] QCAT 16
Case: [2020] QCAT 16
Decision Date: 21 January 2020

CaseChat Overview and Summary

In the matter of AJC, the Queensland Civil and Administrative Tribunal was presented with applications for the appointment of a guardian and an administrator for AJC, a person whose capacity to manage their personal and financial affairs was in question. The applicants, BPN and AXY, sought these appointments due to concerns about AJC's ability to manage their affairs. The Tribunal was tasked with determining whether AJC's capacity was sufficiently impaired to warrant such appointments and, if so, who should be appointed to manage AJC's affairs.

The central legal issues before the Tribunal were whether AJC's capacity was indeed impaired to the extent that required the appointment of a guardian or an administrator and, if such appointments were necessary, who should be appointed to these roles. The Tribunal had to consider the evidence of AJC's capacity and the implications of any findings on forensic orders. Additionally, the appropriateness of the proposed appointees needed to be assessed.

After examining the evidence, the Tribunal concluded that while AJC's capacity was impaired, it did not reach the threshold requiring a full guardian. Instead, the Tribunal appointed the Public Trustee of Queensland as the Administrator for AJC's financial matters, recognising the need for oversight without fully removing AJC's autonomy. The Tribunal found that a full guardian was not necessary, and the applicants' requests for a guardian were dismissed. Furthermore, the Tribunal dispensed with the requirement for a financial management plan and directed the Administrator to provide accounts when requested. This appointment is to be reviewed in two years, ensuring ongoing oversight and adjustment as needed.

The Tribunal's final orders were to dismiss the applications for a guardian but to appoint the Public Trustee of Queensland as the Administrator for AJC's financial matters. The Tribunal also directed that no financial management plan was required and that accounts be provided upon request. This appointment is effective until further order and is subject to review in two years.

Orders

Orders of the court

1. The Application by BPN for the appointment of a guardian for AJC is dismissed.

2. The Application by AXY for the appointment of a guardian for AJC is dismissed.

ADMINISTRATION

3. The Public Trustee of Queensland is appointed as Administrator for AJC for all financial matters.

4. The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

5. The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

6. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in two (2) years.

7. The application by AXY for the appointment of an administrator for AJC is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	AJC [2020] QCAT 16
PARTIES:	In applications about matters concerning AJC
APPLICATION NO/S:	GAA9028-19 (Appointment of an Administrator); GAA9029-19 (Appointment of a Guardian); GAA10639-19 (Appointment of a Guardian); GAA10640-19 (Appointment of an Administrator)
MATTER TYPE:	Guardianship and administration matters for adults
DELIVERED ON:	21 January 2020
HEARING DATE:	18 October 2019
HEARD AT:	Ipswich
DECISION OF:	Member Hemingway
ORDERS:	1. The Application by BPN for the appointment of a guardian for AJC is dismissed. 2. The Application by AXY for the appointment of a guardian for AJC is dismissed. ADMINISTRATION 3. The Public Trustee of Queensland is appointed as Administrator for AJC for all financial matters. 4. The Tribunal dispenses with the requirement for the administrator to provide a financial management plan. 5. The Tribunal directs the administrator to provide accounts to the Tribunal when requested. 6. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in two (2) years. 7. The application by AXY for the appointment of an administrator for AJC is dismissed.
CATCHWORDS:	HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINANCIAL MANAGEMENT – capacity – presumption of capacity –forensic order implications – whether there is a requirement for a decision-maker for personal and or financial matters to be appointed – satisfaction of unreasonable risk to adult – whether the finding of impaired capacity requires the appointment of a decision-maker – Appropriateness of appointees Guardianship and Administration Act 2000 (Qld), s 5, s 7, s 12(1)(a), s 12(1)(b), s 12(1)(c), s 14, s 15, s 16, Schedule 1, Schedule 4 Mental Health Act 2016 (Qld), s 12, s 288, s 289
APPEARANCES & REPRESENTATION:
Applicant:	Self-represented, supported by Carers Queensland Representative GVD