DFO

[2024] QCAT 110

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION: 

DFO [2024] QCAT 110

PARTIES:

In an application about matters concerning DFO

APPLICATION NO:

GAA6974-23

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

20 February 2024 – Decision

13 March 2024 – Reasons

HEARING DATE:

20 February 2024

HEARD AT:

Cairns

DECISION OF:

Member Taylor

ORDERS:

ADMINISTRATION

1.     The administration order made by the Tribunal on 15 February 2021 is changed by removing TO as administrator and appointing The Public Trustee of Queensland as administrator for DFO for all financial matters.

2.     The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

3.     The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

4.     This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in one (1) year.

DIRECTIONS

5.     The Tribunal directs The Public Trustee of Queensland to investigate the expenditure from DFO’s personal account(s) generally during the period of appointment of TO as administrator, to determine whether there has been any conduct by her or others during this period that could be a failure by her to have complied with, or to ensure compliance with, the Guardianship and Administration Act 2000 (Qld) in the exercise of her power as administrator.

6.     The Public Trustee of Queensland is to provide a report of such investigations, with recommendations (if any), to the Tribunal, with a copy to TO not later than 30 November 2024.

7.     The Tribunal puts TO on notice that it will consider making a compensation order against her personally should The Public Trustee of Queensland investigation show that she has failed to comply with the requirements of the Guardianship and Administration Act 2000 (Qld) in the exercise of her powers as administrator. But before doing so, this Tribunal will give TO the opportunity to provide submissions to this Tribunal as to why she should not be required to compensate DFO.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINANCIAL MANAGEMENT – GENERALLY –where an administrator is appointed - where questions have arisen over the administrator’s management of the adult’s financial affairs – where the adult’s mother continued to operate a bank account for the adult as purported trustee – where period review of the appointment arose together with questions over the fiscal management requiring a review – where an investigation of that fiscal management was warranted

Guardianship and Administration Act 2000 (Qld), s 5, s 6, s 11B, s 12, s s 31, 34, s 35, s 58, s 59, s 114A

Human Rights Act 2019 (Qld), s 13, s 48

Aziz v Prestige Property Services Pty Ltd [2007] QSC 265

BS (No 2) [2011] QCAT 733

CRG [2019] QCAT 168

Guardianship and Administration Tribunal v Perpetual Trustees Qld Ltd [2008] 2 Qd R 323

PE [2016] QCAT 285

PL v PT & Ors [2018] QCATA 114

WJB v BLZ [2019] QCATA…