AS - [2022] QCAT 148 | CaseChat AU

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

AS [2022] QCAT 148

PARTIES:

In an application about matters concerning AS

In applications about matters concerning AS

APPLICATION NO/S:

GAA5767-21, GAA6777-21, GAA10368-21, GAA10369-21

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

26 April 2022

HEARING DATE:

14 April 2022

HEARD AT:

Brisbane

DECISION OF:

Member Browne

ORDERS:

DECLARATION ABOUT CAPACITY

1.     The application for a declaration about the capacity of AS is dismissed.

GUARDIANSHIP

2.     The Public Guardian is appointed as the guardian for AS for the following personal matter:

(a)     Legal matters not relating to AS’s financial or property matters.

3.     Unless the Tribunal orders otherwise, this appointment remains current for six (6) months.

LIMITATION ORDERS

4. Pursuant to s 108 and 109 of the Guardianship and Administration Act 2000 (Qld), the publication of any document or information that could identify or lead to the identification of any child or a party to a proceeding under the Child Protection Act 1999 (Qld) is prohibited.

5. Pursuant to s 108 and 109 of the Guardianship and Administration Act 2000 (Qld) the report of [redacted] dated [redacted] that does not relate to AS is confidential and must be withheld from all persons.

CATCHWORDS:

GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS – where applications for the appointment of guardian and for a declaration of capacity – where limitation orders made pursuant to s 108 and s 110 of the Guardianship and Administration Act 2000 (Qld) – where evidence before the Tribunal to satisfy the requirements of s 12, s 108 and s 109 of the Guardianship and Administration Act 2000 (Qld) – where order made to keep information relied upon confidential

Acts Interpretation Act 1954 (Qld), s 14A
Guardianship and Administration Act 2000 (Qld), s 6, s 11A, s 100, s 111, s 105, s 108, s 109, s 110, s 118(2)(a)
Human Rights Act 2019 (Qld), s 13, s 48
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

DAA [2009] QGAAT 8

JSM [2011] QCAT 351

APPEARANCES & REPRESENTATION:

AS, via teleconference

Representative of the Office of the Public Guardian

Representative of Aged and Disability Advocacy Services

Support worker

REASONS FOR DECISION

On 14 April 2022, the Tribunal dismissed an application for a declaration of capacity about AS and appointed the Public Guardian as guardian for legal matters for AS, not related to AS’s financial or property matters, to remain current for 6 months.
At the oral hearing, the Tribunal being satisfied that limitation orders should be made ordered that pursuant to s 108 and s 109 of the Guardianship and Administration Act 2000 (Qld) (GA Act) the publication of any document or information that could identify or lead to the identification of any child or a party to a proceeding under the Child Protection Act 1999 (Qld) is prohibited and the report of [redacted] dated [redacted] that does not relate to AS is confidential and must be withheld from all persons.
The Tribunal delivered oral reasons at…

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 AS

Details

AGLC: AS [2022] QCAT 148
Case: [2022] QCAT 148
Decision Date

CaseChat Overview and Summary

On 14 April 2022, the Queensland Civil and Administrative Tribunal (QCAT) heard an application for a declaration of capacity about AS and applications for the appointment of a guardian for AS. The Tribunal dismissed the application for a declaration of capacity and appointed the Public Guardian as the guardian for AS for personal matters not relating to AS's financial or property matters, to remain current for six months. The Tribunal also made limitation orders prohibiting the publication of any document or information that could identify or lead to the identification of any child or a party to a proceeding under the Child Protection Act 1999 (Qld) and ordering that the report of [redacted] dated [redacted] that does not relate to AS is confidential and must be withheld from all persons.

The legal issues before the Tribunal were whether the requirements for making a non-publication order and/or a confidentiality order under the Guardianship and Administration Act 2000 (Qld) (GA Act) had been met. The Tribunal considered the relevant provisions of the GA Act and decided that the orders were necessary to avoid an injustice to AS and relevant persons known to AS. The Tribunal also considered the relevant human rights as set out in the Human Rights Act 2019 (Qld) and found that the limits imposed by the orders were reasonable and justified.

The Tribunal's decision was based on the evidence presented at the hearing and the relevant provisions of the GA Act. The Tribunal found that the orders were necessary to avoid an injustice to AS and relevant persons known to AS and that the limits imposed by the orders were reasonable and justified. The Tribunal also considered the relevant human rights and found that the orders were the least restrictive based on the information before the Tribunal.

The Tribunal made the following orders: (1) the application for a declaration of capacity about AS is dismissed; (2) the Public Guardian is appointed as the guardian for AS for personal matters not relating to AS's financial or property matters, to remain current for six months; (3) pursuant to s 108 and s 109 of the GA Act, the publication of any document or information that could identify or lead to the identification of any child or a party to a proceeding under the Child Protection Act 1999 (Qld) is prohibited; and (4) pursuant to s 108 and s 109 of the GA Act, the report of [redacted] dated [redacted] that does not relate to AS is confidential and must be withheld from all persons.

Orders