GAJ - [2015] QCAT 98 | CaseChat AU

CITATION:

GAJ [2015] QCAT 98

PARTIES:

GAJ

APPLICATION NUMBER:

GAA11008-14; GAA11009-14; GAA1385-15

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

25 February 2015

HEARD AT:

Toowoomba

DECISION OF:

Member Joachim
Member Stone

DELIVERED ON:

2 March 2015

DELIVERED AT:

Brisbane

ORDERS MADE:

GUARDIANSHIP

1. The Public Guardian is appointed as guardian for GAJ for all personal matters.

2. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in five (5) years.

ADMINISTRATION

3. The administration order made by the Tribunal on 21 October 2009 is changed by appointing The Public Trustee of Queensland as administrator for GAJ for all financial matters.

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

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

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

LIMITATION ORDERS

7. 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 party other than WA, BM, The Public Trustee of Queensland and the Public Guardian:

a. H51 and attachments;

b. H52;

c. H53;

d. H54;

e. H60 and attachments;

f. H62 and attachments;

g. H63;

h. H64;

i. H65.

POSTPONEMENT ORDER

8. The Tribunal orders that the order appointing the Public Guardian as guardian for GAJ and The Public Trustee of Queensland as administrator for GAJ be sent to GAJ 14 days after the date of this order.

DIRECTIONS

9. GAJ’s copy of the order is to be sent to BM, TASC advocate.

CATCHWORDS:

GUARDIANSHIP – ADMINISTRATION – CONFIDENTIALITY – POSTPONEMENT ORDER – where applicant mother of adult seeks a confidentiality order on material submitted because of safety concerns – where applicant seeks a guardianship and administration order for her son – where adult is named as on a domestic violence order – where adult refuses assistance in decision making – where adult threatens to cancel Centrelink entitlement if Public Trustee appointed – whether adult has capacity for decision making – whether Tribunal should make a postponement order to delay notice of decision to adult to avoid Tribunal’s decision being thwarted

Guardianship and Administration Act 2000 (Qld), s 12, s 31, s 109, s 157, Schedule 4
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

APPEARANCES:

GAJ, Adult by telephone
GS, Mother

GA, Father
MI, Office of Public Guardian
WA, Carers Qld
FR, Carers Qld
BM, TASC, Advocate
MT, Queensland Police Service
SA, Public Trustee of Queensland by telephone
MK, Focal by telephone

REASONS FOR DECISION

GAJ is 36 years of age and he lives on his parents’ property in Queensland.
He has a number of animals which he tends to on a daily basis and which he enjoys immensely. He also enjoys fishing.
His mother GS applied to the Tribunal in late 2014 seeking the appointment of the…

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 GAJ

Details

AGLC: GAJ [2015] QCAT 98
Case: [2015] QCAT 98
Decision Date: 2 March 2015

CaseChat Overview and Summary

The matter before the Queensland Civil and Administrative Tribunal (QCAT) was an application by WA, the mother of GAJ, for a guardianship and administration order for her son, GAJ, who had been the subject of a domestic violence order. WA argued that GAJ was incapable of making decisions due to his mental health and that he had threatened to cancel his Centrelink entitlement if the Public Trustee of Queensland was appointed as administrator. GAJ opposed the application, asserting his capacity to make decisions. The QCAT was required to determine whether GAJ had the capacity to make decisions and if it was appropriate to postpone the notice of the decision to GAJ to avoid his potential actions that could thwart the Tribunal’s decision.

The QCAT found that GAJ had the capacity to make decisions, but his refusal to cooperate in the decision-making process and threats to cancel his Centrelink entitlement if the Public Trustee was appointed as administrator were significant factors. The Tribunal considered that making a postponement order was necessary to ensure that the decision would be implemented and not thwarted by GAJ’s actions. The QCAT appointed the Public Guardian as guardian for GAJ for all personal matters and the Public Trustee of Queensland as administrator for all financial matters. The Tribunal also made a limitation order to ensure the confidentiality of certain documents.

The QCAT ordered that the orders appointing the Public Guardian and the Public Trustee be sent to GAJ 14 days after the date of the order. The Tribunal directed that GAJ’s copy of the order be sent to BM, TASC advocate.

Orders

Orders of the court

GUARDIANSHIP

1. The Public Guardian is appointed as guardian for GAJ for all personal matters.

2. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in five (5) years.

ADMINISTRATION

3. The administration order made by the Tribunal on 21 October 2009 is changed by appointing The Public Trustee of Queensland as administrator for GAJ for all financial matters.

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

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

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

LIMITATION ORDERS

7. 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 party other than WA, BM, The Public Trustee of Queensland and the Public Guardian:

a. H51 and attachments;

b. H52;

c. H53;

d. H54;

e. H60 and attachments;

f. H62 and attachments;

g. H63;

h. H64;

i. H65.

POSTPONEMENT ORDER

DIRECTIONS

9. GAJ’s copy of the order is to be sent to BM, TASC advocate.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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