CS

[2010] QCAT 34

CITATION:      CS [2010] QCAT 34

PARTIES:   CS

APPLICATION NUMBER:            GAA7105-09

MATTER TYPE:    Guardianship and administration matters

HEARING DATE:   15 January 2010

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   15 January 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   Appointment of guardian revoked

CATCHWORDS: Review of appointment of guardian – section 31 of Guardianship and Administration Act 2000 – no jurisdiction - appointment revoked

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. On 27 January 2009 the Guardianship and Administration Tribunal appointed the Adult Guardian as guardian for CS (the adult). From 1 December 2009 the Queensland Civil and Administrative Tribunal has replaced the Guardianship and Administration Tribunal.   Orders made by the Guardianship and Administration Tribunal are taken to be orders of the Queensland Civil and Administrative Tribunal.

1. The appointment is being reviewed today on the basis of information on the Tribunal file. On 1 December 2009 notice of this review hearing was sent to the adult and to the persons to whom notice is required to be given by section 118 of the Guardianship and Administration Act 2000 (the Act). 

1. CS is 40 years old and sustained an acquired brain injury in a motor vehicle accident in 2001. CS moved to New South Wales to reside in 2007. 

1. When conducting a review of an appointment of a guardian or administrator, the Tribunal must take into account section 31 of the Act which provides that the Tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made.

JURISDICTION

1. The first matter to be considered by the Tribunal in this case is whether the Tribunal has jurisdiction to make an order continuing the appointment of a guardian for CS. 

1. The Tribunal exercises the jurisdiction given to it under the Guardianship and Administration Act 2000.   That Act is the result of law-making power exercised by the Queensland Parliament to implement a scheme for the appointment of substitute decision makers for adults with impaired decision making capacity.  All other States in Australia, including New South Wales, have via statute set up similar schemes for the exercise of substituted decision making power for adults resident in those other States.

1. The Queensland Act has limited operation outside of Queensland. The Tribunal considers that primarily laws for the peace, welfare and good government of Queensland must relate to persons who have a recognised connection to Queensland such as persons present or resident in Queensland.  

1. CS resides permanently outside of Queensland. The Tribunal is satisfied that it would not be able to make an appointment of a guardian for CS if a new application were to be made to the Tribunal at this time. Under section 31(2) of the Act, the outcome of this review hearing must be that the appointment made on 27 January 2009 is revoked.

APPOINTMENT

1. The appointment of the Adult Guardian as guardian for CS is revoked.