CRD

[2011] QCAT 19

CITATION: CRD [2011] QCAT 19

PARTIES: CRD

APPLICATION NUMBER:   GAA8303-10

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE:     13 January 2011

HEARD AT:  Brisbane 

DECISION OF: C Endicott, senior member

DELIVERED ON: 13 January 2011

DELIVERED AT:      Brisbane

ORDERS MADE: The application for appointment of an administrator is dismissed

CATCHWORDS :  ADMINISTRATION – no evidence to rebut the presumption of capacity – early end to proceedings – section 47 of the Queensland Civil and Administrative Tribunal Act 2009.

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties.  

REASONS FOR DECISION

1. On 13 October 2010 BC lodged an application with the tribunal seeking the appointment of an administrator for her son, CRD.  The application was not accompanied by any medical evidence as to the capacity of CRD to make his own decisions about his financial affairs. 

2. On 19 October 2010 a staff member from the tribunal registry wrote to the applicant, BC asking her to provide a report from a health professional as to the capacity of CRD to make his own decisions.    A second letter in similar terms was sent to BC asking her to lodge a health professional report about her son.

3. No response was received from the applicant in relation to these letters.  On 9 December 2010 a staff member from the tribunal registry telephoned BC and left a voicemail message reminding her of the request for a health professional report.  As no call was received, the staff member wrote to BC by letter dated 10 December 2010 repeating the request for a health professional report and informing her that the application will not proceed if the report was not received by 17 December 2010.  No response was received to this letter and no health professional report has been lodged. 

4. When considering the appointment of an administrator for an adult, the tribunal is required by section 12 of the Guardianship and Administration Act 2000 to be satisfied that the adult has impaired decision making capacity.  General Principle 1 in the Schedule to the Guardianship and Administration Act 2000 states that an adult is presumed to have capacity to make decisions.  That presumption must be rebutted by evidence before an appointment of an administrator can be made.  

5. BC has not provided medical evidence about the decision making capacity of CRD and she has been informed that the tribunal was unable to proceed with the application until medical evidence capable of supporting a finding that CRD had impaired decision making capacity was provided.  

6. The tribunal considers that the application for the appointment of an administrator is without substance on the basis of the information lodged with the tribunal.  There has been no evidence presented to rebut the presumption of capacity. 

7. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.

8. The tribunal must deal with matters in a way that is accessible, fair, just, economical, informal and quick. The tribunal concludes that the application for the appointment of an administrator should be brought to an early end in view of the failure of the applicant to provide the information that the tribunal has requested and in view of the finding that the application is without substance.   

9. The tribunal considers that under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the application for the appointment of an administrator for CRD should be dismissed.