CRL

[2010] QCAT 462

CITATION: CRL [2010] QCAT  462

PARTIES: CRL

APPLICATION NUMBER:   GAA3497-10 GAA3498-10

MATTER TYPE: Guardianship and administration matters

HEARING DATE:     24 September 2010

HEARD AT:  Brisbane

DECISION OF: C Endicott, senior member

DELIVERED ON: 24 September 2010

DELIVERED AT:      Brisbane

ORDERS MADE: Applications for appointment of guardian and administrator dismissed

CATCHWORDS :  DISMISSAL - Section 47 of the Queensland Civil and Administrative Tribunal Act2009 – early end to proceedings – where no information provided about adult’s decision making capacity

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. TB, sister of CRL, made applications to the Tribunal on 23 April 2010 seeking the appointment of a guardian and an administrator for CRL.  

2. 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.

3. Under section 12 of the Guardianship and Administration Act 2000 the Tribunal must determine whether an adult has impaired decision making capacity about the matter before it can consider appointing a guardian or an administrator for the adult.    

4. 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.

5. TB did not lodge with the Tribunal any evidence about CRL’s decision making capacity. A Tribunal registry officer in letters dated 14 May 2010, 9 June 2010 and 23 June 2010 requested that TB provide a medical report containing evidence of impaired capacity for decision making on the part of CRL.     

6. No evidence has been provided that could form the basis for a finding by the Tribunal that CRL has impaired decision making capacity.   

7. The Tribunal finds that the presumption of capacity has not been rebutted. The applications for the appointment of a guardian and an administrator for CRL are lacking in substance and under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the applications must be dismissed.