FLI (Extended Emergency Guardianship)

The case involved the extension of an Emergency Guardianship Order for a represented person, with the Public Guardian seeking to vary the order by adding additional powers. The matter was heard and determined in the Queensland Civil and Administrative Tribunal (QCAT). The legal issue at the heart of the dispute was the interpretation of the term “renew” in the context of an Emergency Guardianship Order, and whether the Public Guardian had the authority to request a variation of the order to include additional powers. The Guardianship and Administration Act 1995, and specifically section 65, was the primary legislative instrument considered in the proceedings.

The court held that the term “renew” in the context of an Emergency Guardianship Order should be interpreted as allowing for the variation of the order to include additional powers. The court reasoned that the purpose of the Act was to provide for the protection and welfare of the represented person, and that the Public Guardian, as the guardian, had a duty to act in the best interests of the represented person. The court found that the Public Guardian was entitled to request a variation of the order to include additional powers, as this was necessary to effectively carry out their duties as guardian. The court also found that the variation requested was appropriate, as it was limited to decisions concerning where the represented person was to live and providing consent to any reasonable measures required to convey the represented person to, and cause them to remain at the place of residence as determined by the guardian.

In light of the above, the Tribunal renewed the Emergency Guardianship Order with the added powers as requested by the Public Guardian. The renewed order was to remain in effect until the 28th of November 2018. The Tribunal also made orders limiting the powers and duties of the guardian to the specific matters outlined in the order.