HAB

[2013] QCAT 540

CITATION: HAB [2013] QCAT 540

PARTIES: HAB

APPLICATION NUMBER: GAA2475-13

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, senior member

DELIVERED ON: 12 September 2013

DELIVERED AT: Brisbane

ORDERS MADE: The application for the appointment of an administrator by Jill Biddell is dismissed.

CATCHWORDS:

GUARDIANSHIP – where appointment made in another State of an administrator for the financial affairs of an adult – where application made in Queensland for the appointment of a local administrator – where the application was incomplete as it did not include information from a health provider – where requests for information were not responded to – where early end to proceedings appropriate

Queensland Civil and Administrative Tribunal Act 2009 s 47
Queensland Civil and Administrative Tribunal Rules 2009 r 110(2)

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. By order made by the New South Wales Supreme Court on 17 July 1998, the then Protective Commissioner was appointed to administer the financial affairs of HAB.  As a result of subsequent legislative changes, the financial affairs of HAB are currently administered by the NSW Trustee and Guardian.

2. HAB resides in Queensland and the NSW Trustee and Guardian applied to QCAT to appoint a Queensland based administrator.  As applicant, the NSW Trustee and Guardian is required to file information about the adult relevant to the application that is provided by a health provider.[1]  This information was not provided at the time of filing the application for appointment of an administrator.

   [1]        Queensland Civil and Administrative Tribunal Rules 2009 r 110(2).

3. The tribunal registry wrote to the officer responsible for the application, Ms Jill Biddell, on 10 April 2013 and requested a report by a health professional be submitted to the tribunal.  Notice was given to Ms Biddell that the tribunal was unable to proceed with the application until that report was received.  The registry also wrote to HAB and her mother at the address given by the applicant but the letters were returned undelivered to the tribunal with a notation “insufficient address”.

4. A tribunal staff member sent an email to the email address in the application for the applicant on 9 May 2013 informing her that a medical report was required and asking for the correct address of the adult and her mother in view of the return of the tribunal’s letters.

5. Due to the failure of the applicant to provide either a medical report or further address details for the adult, a letter was sent by a registry officer by facsimile to Ms Biddell on 21 August 2013 asking again for this information.  The letter stated that the requested report and address details had not been provided and gave notice that unless the requests were responded to by 4 September 2013, the application will be considered for dismissal.

6. No response was received to any of the letters and email sent from the tribunal registry to the applicant.  

7. QCAT has the power to bring an early end to proceedings under section 47 of the QCAT Act if the tribunal considers the proceeding is frivolous, vexatious, misconceived, lacking in substance or otherwise an abuse of process. The application by the NSW Trustee and Guardian brought through its officer, Jill Biddell, lacked substance as it was not supported by medical information as to HAB’s capacity required by Rule 110 in order for a valid application to be made.

8. Three separate requests for that information were not responded to by the applicant and warning had been given on two occasions that the application would not be permitted to proceed without the information requested by QCAT. On that basis, it is appropriate to dismiss that application under the provisions of section 47 as an incomplete application had been received and the applicant had not acted to complete the application by providing the information requested by QCAT.