BH

[2012] QCAT 179

CITATION: BH [2012] QCAT 179

PARTIES: BH

APPLICATION NUMBER:   GAA7279-11 / GAA7280-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Mr L Clarkson, Member

DELIVERED ON: 23 April 2012

DELIVERED AT: Brisbane

ORDERS MADE:      Applications dismissed.

CATCHWORDS: 

Jurisdiction to make compensation orders against former administrators

Guardianship and Administration Act 2000, ss 32B, 59, 81(1)(d), 138AA

APPEARANCES and REPRESENTATION (if any):

The applications, in relation to the preliminary question of jurisdiction, were determined on the papers, without an oral hearing, under section 32(2) of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. BH (the applicant) brought action in the Supreme Court of Queensland for compensation for personal injuries.

2. In the result, the Court made orders on 13 May 2005, awarding damages (the settlement sum) to the applicant, and appointing Perpetual Trustees Queensland Limited (Perpetual Trustees) as her administrator in relation to the settlement sum.

3. On 19 September 2006, the then Guardianship and Administration Tribunal (the former Tribunal) removed Perpetual Trustees and instead appointed The Public Trustee of Queensland (the Public Trustee) as the applicant’s administrator.  The Public Trustee’s appointment was continued by further order made on 17 September 2008.

4. On 31 August 2009, the former Tribunal by order declared that the applicant now has capacity for financial matters, and revoked the Public Trustee’s administration appointment.

5. The applicant has applied to the Queensland Civil and Administrative Tribunal (the Tribunal) which now has jurisdiction in relation to such matters for compensation orders against her former administrators. 

6. The Tribunal sought submissions from the parties in relation to its jurisdiction to hear the application.

7. The applicant submits that the Tribunal is empowered to award compensation under s 59 of the Guardianship and Administration Act 2000.  This section relevantly provides that an administrator for an adult may be ordered by the Tribunal to compensate the adult for a loss caused by the administrator’s failure to comply with the Act in the exercise of a power.

8. The Public Trustee submits that the Tribunal does not have such jurisdiction.  The submissions are outlined as follows:

   (a)    The Tribunal does not have general jurisdiction, but has jurisdiction to deal with matters it is empowered to deal with under the Queensland Civil and Administrative Tribunal Act 2009 or an enabling Act, one of which is the Guardianship and Administration Act 2000 (the Act).

   (b) Section 81(1)(d) of the Act refers to the functions of the Tribunal, which includes making declarations, orders or recommendations, or giving directions to certain decision-makers, including administrators.

   (c)    The term “administrator” is defined in Schedule 4 of the Act to mean “an administrator appointed under this Act”.

   (d) Section 32B of the Act empowers the Tribunal to make directions (of a limited nature) to former administrators. That is, administrators whose appointment has been terminated – either by way of automatic revocation under s 26, or by way of an administrator withdrawing with leave under s 27, or by way of…