CRG

[2020] QCAT 153

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

CRG [2020] QCAT 153

PARTIES:

In an application about matters concerning CRG

APPLICATION NO/S:

GAA611-16

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

12 May 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

ORDERS:

The further application for compensation pursuant to section 59 of the Guardianship and Administration Act 2000 (Qld) is dismissed.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINANCIAL MANAGEMENT – GENERALLY – application for compensation for failure to comply with the Guardianship and Administration Act 2000 (Qld) in the exercise of a power – whether duties were breached

Guardianship and Administration Act 2000 (Qld), s 59

CRG [2019] QCAT 168

REPRESENTATION:
Adult:	Matthew Jones, counsel, appointed as a separate representative for CRG and acting pro bono
Current Administrator:	Self-represented
Public Trustee:	Clinton Miles, Director of Disability Services
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. This is a further application by CRG for compensation to be paid by the Public Trustee under the Guardianship and Administration Act 2000 (Qld) (GAA). By section 59 of that Act, the tribunal may order a guardian or administrator for an adult to compensate the adult for a loss caused by the appointee’s failure to comply with the GAA in the exercise of a power.

2. CRG was previously successful in a similar application concerning the making of a loan to his father.[1] 

   [1]CRG [2019] QCAT 168.

3. The precise matters which are the subject of this further application for compensation, and therefore the issues which need to be determined by the tribunal, have not been identified in an order of the tribunal.  Instead, it was left to CRG’s current administrator to define them through submissions.

4. In those submissions, the application for compensation is as follows:[2]  

   (a)After being reappointed as CRG’s administrator on 12 December 2003, the Public Trustee failed to ‘investigate recovery action’ of the sum of $38,951.13 which the former administrators of CRG were alleged to have misappropriated from CRG’s funds.   A claim of that amount, plus interest since 2004 is made.  

   (b)By failing between 2000 and 2002 to organise a purchase of a residence for CRG with his funds, the Public Trustee deprived CRG of the benefits of home ownership.  A claim of $450,000 plus interest since 2000 is made.

   (c)By renting out a unit owned by CRG in June 2004, by selling a bush retreat owned by CRG in January 2005, and by selling the unit in June 2007, the Public Trustee deprived CRG of these assets which were valuable to him both personally and financially.  Claims of $160,000 plus interest since 4 January 2005, and $260,000 plus interest since 27 July 2007 are made.

   [2]Dated 11 August 2019 at H445.

Duties owed by the Public Trustee

1. In CRG [2019] QCAT 168, [13]-[43], I…