EJ - [2023] QCAT 201 | CaseChat AU

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION

EJ [2023] QCAT 201

PARTIES:

In applications about matters concerning EJ

APPLICATION NO/S:

GAA8746-22
GAA8747-22

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

30 May 2023 – Decision

5 June 2023 – Reasons

HEARING DATE:

23 November 2022

9 March 2023

30 May 2023

HEARD AT:

Cairns

DECISION OF:

Member Taylor

ORDERS:

LEAVE TO WITHDRAW AS GUARDIAN

1.     The application by PR for leave to withdraw as guardian for EJ is granted.

LEAVE TO WITHDRAW AS ADMINISTRATOR

2.     The application by PR for leave to withdraw as administrator for EJ is granted.

3. PR is not required to pay the Titles Registry fee pursuant to s27(4) of the Guardianship and Administration Act 2000 (Qld).

GUARDIANSHIP

4.     The Public Guardian is appointed as guardian for EJ for the following personal matters:

(a)     Provision of services, including in relation to the National Disability Insurance Scheme; and

(b)     Legal matters not relating to EJ’s financial or property matters.

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

ADMINISTRATION

6.     The Public Trustee of Queensland is appointed as administrator for EJ for all financial matters.

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

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

9.     This appointment of The Public Trustee of Queensland remains current until further order of the Tribunal.

NOTICE OF INTEREST IN LAND

10.     Before 30 June 2023, the administrator must:

(a)     Record the appointment as administrator on any property registered in EJ’s name with the Registrar of Titles by lodging the appropriate notice with a copy of the Tribunal’s appointment decision.

(b)     Provide confirmation to the Tribunal that this has been completed by providing:

(i)        A copy of the title search conducted identifying EJ’s property; and

(ii)      A copy of the Titles registry “Lodgement Summary Form” confirming the notice    has been lodged for each property held by EJ.

(c)     If no property is held, provide a copy to the Tribunal of a Record of a Search of the Land Registry, from the Registrar of Titles confirming no property is held.

11.     If the ownership of any property of EJ changes in any way or EJ acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a)     Give a copy of this order to the Registrar of Titles; and

(b)     Give a notice to the Registrar about the changes to EJ’s interest in another property.

DIRECTIONS

12.     The Public Trustee of Queensland is to continue its investigation into the financial affairs of EJ as referred to in Order 8 of the Decision in these proceedings dated 9 March 2023.

13.     The Public Trustee of Queensland is to provide a report to the Tribunal of its findings from that investigation, copied to PR as the previous administrator, not later than 31 May…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading EJ

Details

AGLC: EJ [2023] QCAT 201
Case: [2023] QCAT 201
Decision Date

CaseChat Overview and Summary

In this case, the Queensland Civil and Administrative Tribunal (QCAT) considered applications for the review of appointments of a guardian and administrator for an adult with impaired capacity, EJ. The applicants, ES, EJ's mother, sought the removal of PR, the current guardian and administrator, and the appointment of the Public Guardian and Public Trustee of Queensland in their place. PR applied for leave to withdraw as guardian and administrator. The legal issues involved determining whether EJ had impaired capacity, the need for a guardian and/or administrator, and the appropriateness of the appointees.

The Tribunal found that EJ had impaired capacity due to her medical condition, which adversely affected her cognitive abilities. It was determined that there was a need for a guardian for decisions concerning the provision of services, including in relation to the National Disability Insurance Scheme, and legal matters not relating to EJ's financial or property matters. An administrator was also required for all financial matters.

The Tribunal found that PR was not appropriate or competent to remain as guardian and administrator due to concerns raised about the use of restrictive practices without requisite approvals, financial mismanagement, and the presence of ongoing Supreme Court proceedings. PR's applications for leave to withdraw as guardian and administrator were granted, and the Public Guardian and Public Trustee of Queensland were appointed in their place. The Tribunal also invited the Public Guardian to investigate concerns of possible neglect, exploitation, or abuse during PR's appointment.

The Tribunal's decision was based on the evidence and submissions presented, as well as the relevant legislation, including the Guardianship and Administration Act 2000 (Qld) and the Human Rights Act 2019 (Qld). The Tribunal considered the need to strike an appropriate balance between EJ's right to autonomy in decision-making and her right to adequate support for decision-making.

Orders