BSLP

[2014] QCAT 462

CITATION: BSLP [2014] QCAT 462

PARTIES: BSLP

APPLICATION NUMBER: GAA8016-14

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 29 August 2014

HEARD AT: Brisbane

DECISION OF: Acting Senior Member Allen

DELIVERED ON: 15 September 2014

DELIVERED AT: Brisbane

ORDERS MADE: 1. The Tribunal orders that pursuant to s 107(1)(a) of the Guardianship and Administration Act 2000 the hearing of application numbered GAA8016-14 is closed to BG and SV.

CATCHWORDS:

GUARDIANSHIP – whether closure order should be made – adult subject to post traumatic stress disorder – application to exclude parents from hearing

Guardianship and Administration Act 2000 (Qld), s 100, s 104, s 105, s 107, s 111

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. BSLP was subject to a Child Protection order until her eighteenth birthday on 7 June 2013. The Tribunal made an advancement appointment of the then Adult Guardian for various matters and the Public Trustee of Queensland as her administrator for all financial matters on 3 June 2013.

2. The now Public Guardian made an application to review their appointment as guardian on 12 June 2014. A hearing of that application was listed for 1 September 2014. A further application was made on 28 August 2014 requesting that BSLP’s parents be excluded from the hearing.

3. The Tribunal may exclude a person or persons from a hearing under a closure order made in accordance with s 107 of the Guardianship and Administration Act 2000 (Qld) (‘GA Act’). To make such an order the Tribunal must be satisfied it is necessary to avoid serious harm or injustice to a person. Serious harm has been interpreted to mean physical or psychological injury, whether temporary or permanent, that endangers, or is likely to endanger human life, or is likely to be, significant and longstanding.

4. A closure order is a type of limitation order[1] and in considering whether to make a limitation order the Tribunal must take as the basis of its consideration relevantly that it is desirable that Tribunal hearings be held in public and be able to be publicly reported. This is amplified by the requirement that a hearing of the Tribunal must be in public, however the Tribunal may make a closure order.[2]

   [1]GA Act s 100.

   [2]Ibid s 105.

5. In this case it has not been requested that the hearing be closed to the public but specifically BSLP’s parents be excluded. BSLP expressed distress when she was told that her parents may attend this hearing of the Tribunal. She has made it clear to the Tribunal, Public Guardian, her service providers and former foster carers that she does not want to have any contact with her parents and does not want them to have any more than general information about her.

6. The reasons for this are that BSLP was taken into custody by the Department of Child Safety when she was at 8 in 2003 following five substantiated child protection notifications when she was in the care of her mother in relation to sexual harm and/or physical harm and neglect. In 2008 she was diagnosed with post-traumatic stress disorder (‘PTSD’). She was prescribed medication and underwent psychotherapy in respect of the PTSD but the sessions were stopped because she found reliving the trauma very distressing and unhelpful. The opinion of the delegate of the Public Guardian was that presence of BSLP’s parents would adversely affect her well being.

7. BSLP had expressed that she did not want her parents to attend the original hearing where the then Public Guardian was appointed on 3 June 2013. This was conveyed to her parents and they indicated that would not attend if that was BSLP’s wish. The Tribunal notes that each active party and any entity affected by a proposed limitation order has standing to be heard in relation to the making of the order.[3]

   [3]Ibid s 111.

8. The parents of BSLP are not active parties as defined in s 19 of the GA Act they are though adversely affected by any potential order. Having regard to the short time between the making of the application and the hearing the Tribunal considers that the prior communication from BSLP’s parents that they would abide by her wishes is adequate in expressing their views in regard to the application.

9. BSLP has previously been diagnosed with PTSD as a result if incidents which occurred in her childhood while she was in the care of her parents. She has shown distress at the prospect of her parents attending a hearing of the Tribunal. The Tribunal considers that if BSLP’s parents were to attend the hearing then this could exacerbate or re-enliven her PTSD, which is a psychological injury and it is therefore necessary to avoid that harm that BG and SV be excluded form the hearing.

10. The Tribunal orders that the hearing is closed to BG and SV.