HSE
[2017] QCAT 334
•14 September 2017
CITATION: | HSE [2017] QCAT 334 |
PARTIES: | HSE |
APPLICATION NUMBER: | GAA9434-17, GAA10151-17 |
MATTER TYPE: | Guardianship and administration matters for adults |
HEARING DATE: | 14 September 2017 |
HEARD AT: | Southport |
DECISION OF: | Member Bayne |
DELIVERED ON: | 14 September 2017 |
DELIVERED AT: | Southport |
ORDERS MADE: | 1. The Tribunal orders that pursuant to 2. The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 (Qld) all documents in the Tribunal file, except for those numbered H001 – H023 previously disclosed to BLR, are confidential and must not be disclosed to: a. BLR; b. a legal representative of BLR; and c. all other persons associated with BLR. |
CATCHWORDS: | GUARDIANS, COMMITTEES, ADMINISTRATORS, RECEIVERS AND MANAGERS – Limitation order – where there was application for a closure order – where applicant sought to exclude person from hearing – where evidence given that the person’s presence would cause serious harm or injustice to the adult – whether a closure order should be made to exclude someone from attending the hearing or part of the hearing GUARDIANS, COMMITTEES, ADMINISTRATORS, RECEIVERS AND MANAGERS – Limitation order – where there was application for confidentiality order – whether it was necessary to withhold information to avoid serious harm or injustice to a person Guardianship and Administration Act 2000 (Qld), s 107, s 109 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 164, s 230 |
| APPEARANCES APPLICANTS: BH OTHER PARTIES: HSE LEGAL REPRESENTATIVE: MM | for HSE |
REASONS FOR DECISION
From late May 2017, applications had begun to be made to the Tribunal seeking various orders with regard to HSE. The orders and the reasons thereof in relation to most of these applications have been delivered separately.
The order and reasons outlined in this document relate solely to two applications for limitation orders.
HSE is 89 years of age. She lives in a home in Queensland and has a significant financial estate.
HSE came to this country in 1985 with a personal friend and business partner, BLR. The relationship between HSE and BLR however broke down, and by 2015 there were legal proceedings between them in the Family Court of Australia and the Queensland Supreme Court.
On 7 September 2017, the application by BLR to be joined as an active party for the proceedings was dismissed. He was however present at the opening of the hearing on 14 September 2017.
MM strenuously objected to the presence of BLR at the hearing. She informed that HSE was extremely distraught, and was refusing to enter the courtroom. MM described that the intensely acrimonious nature of the current legal proceedings was having a profound effect on HSE, and the sight of BLR was intolerable to her.
RP also strongly objected to the presence of BLR, mainly because of his concerns as to ongoing legal proceedings between him and HSE.
Under section 107 of the Guardianship and Administration Act 2000 (Qld), the Tribunal may exclude a person from a hearing if the Tribunal is satisfied it is necessary to avoid serious harm or injustice to a person. The terms “serious harm” and “injustice” are not defined in the Guardianship and Administration Act 2000 (Qld); the interpretation that will best achieve the purpose of the Act is to be preferred.[1]
[1]Acts Interpretation Act 1954 (Qld), 14A.
I was persuaded by two main factors.
Firstly, HSE was considerably upset. She made it clear that she would not attend the hearing if BLR was present. In this case, I would not have the opportunity to speak directly with HSE about the applications and the matters which concerned her.
Secondly, I accepted that the hearing would of necessity involve open discussion about many aspects of HSE’s past and present personal, health, and financial matters. BLR is an adversary in legal proceedings: the revelation to him of any such details may well compromise HSE in those proceedings.
I was satisfied that a closure order was necessary to prevent serious injustice to HSE.
The second application was for a confidentiality order.
The Tribunal is a court of record.[2] Any person may inspect documents filed in the Tribunal registry, subject in some cases to paying a fee.[3] However, the general right to inspect filed documents can be displaced by some form of confidentiality order.[4]
[2]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 164.
[3]Ibid, s 230(2).
[4] Ibid, s 230(4).
Section 109 of the Act provides that the Tribunal can withhold a document, part of a document or other information from a person if the Tribunal is satisfied that a confidentiality order is necessary to avoid serious harm or injustice to a person
On 8 August 2017, BLR inspected the Tribunal file and procured copies of several documents. Since that date, a considerable number of documents, relating to various aspects of HSE’s personal, health and financial matters had been filed.
For the reasons outlined above, I was satisfied that a confidentiality order was also necessary to prevent serious injustice to HSE.
An order was therefore made prohibiting BLR, or anyone acting for him, from inspecting HSE’s file and from obtaining copies of any documents which have been filed later than 8 August 2017.[5]
[5]The date on which BLR inspected the file.
No party at the hearing (with the exception of BLR) opposed, or expressed any concern over, the granting of these limitation orders. All parties (except BLR) were in support.
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