DJ

[2012] QCAT 442

CITATION: DJ [2012] QCAT 442

PARTIES: DJ

APPLICATION NUMBER: GAA5380-12 / GAA6531-12

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 22 August 2012

HEARD AT: Southport

DECISION OF: Ron Joachim, Member

DELIVERED ON: 28 August 2012

DELIVERED AT: Brisbane

ORDERS MADE:

1. The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 the following documents are confidential and must not be disclosed to any person except the active parties to the proceedings:

(i)    The Department of Communities (Child Safety Services) Statement of Reasons seeking the appointment of the Adult Guardian as guardian for DJ;

(ii)   Attachments A, B, C, D, E and F to the Statement of Reasons.

CATCHWORDS:

Guardianship – Confidentiality order – where adult was a child in care – where grandmother seeks to be guardian – where Department of Communities holds doubts over grandmother’s appropriateness – whether confidentiality order should be made

Child Protection Act 1999, s 187
Guardianship and Administration Act 2000, s 109-113

APPEARANCES and REPRESENTATION (if any):

DJ, adult
Teagan Wells, Applicant
DB, aunt
GD, grandparent
Madelyn Wilkinson, for the Adult Guardian
Maryanne Laker, Team Leader Child Safety
ME, FSG Case Manager

REASONS FOR DECISION

1. Ms Teagan Wells, a child safety officer with the Department of Communities, Child Safety Services, applied to the Tribunal seeking the appointment of the Adult Guardian as guardian for DJ when he turned 18 years of age.

2. The application was heard on 13 June 2012.  Prior to this Ms Wells applied for a confidentiality order but did not provide any material over which she requested the order.  The application was refused.

3. At the hearing Ms Wells alluded to information the Department held regarding the suitability for appointment of DJ’s grandmother, GD, who had also applied to be guardian.

4. The Tribunal appointed the Adult Guardian for three months to provide some decision making protection for DJ when he turned 18.  The short appointment was made to allow the Department to provide further information regarding an application for confidentiality.

5. GD was also entitled to see the Department’s reasons so that she would know why the Department was seeking the Adult Guardian’s appointment.

6. The Tribunal directed that:

   Any submissions from the Department of Communities (Child Safety and Disability Services) regarding a confidentiality order is to be received at the Tribunal within one month.

   The Department of Communities (Child Safety and Disability Services) is to provide to GD any material it holds adverse to her being considered as Guardian for DJ.

7. Mr Ian Smith, the Manager of the Mermaid Beach Child Safety Service Centre provided a submission regarding a confidentiality order on 16 July 2012 and the Department’s reasons why it considered the Adult Guardian should be appointed.

8. The relevant legislation in this matter is sections 109 to 113 of the Guardianship and Administration Act 2000.

9. The statement of reasons of the Department outlines why the Department wants the Adult Guardian appointed and some of the child protection history involving DJ and his 2 siblings who are named in the statement and supporting material.

10. The statement and supporting material also contains numerous references to DJ’s grandmother, GD and her involvement in the lives of the 3 children.  The material has been provided to GD.

11. The files of the Tribunal are generally accessible to members of the public.

12. It would be an injustice for this information to be in the public arena.

13. The information in the filed material contains personal information about DJ and GD.  There is no public interest in this material.

14. Further DJ’s siblings remain subject to child protection orders. They are not parties to this hearing. Section 187 of the Child Protection Act 1999 severely limits the disclosure of information about children in care.

15. Prior to the hearing on 22 August 2012 to review the Adult Guardian’s appointment, the Tribunal made a confidentiality order on 26 July 2012 over the relevant material. Pursuant to section 110, of the Guardianship and Administration Act 2000, this was vacated at the commencement of the review hearing.

16. At the hearing the Tribunal heard submissions from the parties regarding a further confidentiality order.

17. The Tribunal was satisfied that reasons for the confidentiality order made pre-hearing outlined above were still applicable and that a new order in the same terms should be made.