GAJ
[2011] QCAT 14
•13 January 2011
| CITATION: | GAJ [2011] QCAT 14 |
| PARTIES: | GAJ | |
| APPLICATION NUMBER: | GAA9914-10 | |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 13 January 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 13 January 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application for declaration of capacity is dismissed |
| CATCHWORDS : | ADMINISTRATION – appointment made in New South Wales – adult now living permanently in Queensland – declaration as to capacity will not result in revocation of appointment made outside Queensland |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 12 November 2010 GAJ lodged an application in the tribunal seeking a declaration that he has capacity to make decisions about financial matters. GAJ resides in Queensland but he had formerly resided in New South Wales.
On 12 August 1997 the then Guardianship Board in New South Wales made an order that his financial affairs be subject to management under the Protected Estates Act 1983 and that management of his estate be committed to The Protective Commissioner.
In his application to this tribunal, GAJ stated that the outcome he wanted was to have management of his money returned to him. It would appear that his financial affairs are still being managed by The Protective Commissioner or similar authority in New South Wales.
This tribunal can make orders and appoint substituted decision makers such as guardians and administrators in relation to adults resident in Queensland. However this tribunal does not have any jurisdiction to revoke or vary the terms of orders made in other States of Australia.
By letter dated 9 December 2010 a staff member from the tribunal registry wrote to GAJ to inform him that this tribunal had no jurisdiction to revoke the appointment of The Protective Commissioner, that his application to this tribunal would not proceed further and that it was recommended that GAJ make an application to the Guardianship Tribunal of New South Wales.
Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.
While the tribunal has jurisdiction to make a declaration that GAJ does or does not have capacity to make his own financial decisions, the outcome actually being sought by GAJ is not such a declaration but an order that can revoke or lead to the revocation of the management of his financial affairs by The Protective Commissioner in New South Wales. No order made by this tribunal can have that effect. A declaration of capacity made by this tribunal is not binding on the Guardianship Tribunal of New South Wales and may have only some evidentiary or persuasive effect. The outcome that GAJ seeks can be made by the Guardianship Tribunal in New South Wales.
The tribunal considers that the application made by GAJ is misconceived and should not proceed to a hearing. The tribunal considers that it is appropriate to dismiss the application under the provisions of section 47 of the Queensland Civil and Administrative Tribunal Act 2009.
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