JA
[2010] QCAT 546
•2 November 2010
| CITATION: | JA [2010] QCAT 546 |
| PARTIES: | JA |
| APPLICATION NUMBER: | GAA1406-10 GAA1407-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 2 November 2010 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 2 November 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Applications for appointment of guardian and administrator are dismissed |
| CATCHWORDS : | GUARDIANSHIP AND ADMINISTRATION – Guardianship and Administration Act 2000 -where adult resides outside of Queensland – where no jurisdiction to appoint decision makers – where early end to proceedings |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 4 February 2010 an application was lodged with the tribunal by AB, social worker at the Royal Brisbane and Women’s Hospital, seeking the appointment of JS as the guardian and administrator for JA. AB subsequently left the employ of the Hospital and CH took her place as applicant.
On 10 May 2010 the tribunal was informed that JA had been relocated to New South Wales and JS had discussed withdrawing the applications in Queensland as similar applications would be made in New South Wales for the appointment of decision makers for JA.
On 15 July 2010 an officer in the tribunal registry left a telephone message for JS asking for confirmation that the applications could be withdrawn from the Queensland tribunal on the basis that applications had been made in New South Wales. No response was received from JS.
On 13 October 2010 an officer in the tribunal registry wrote a letter to JS asking for confirmation of JA’s current address and asking whether an application had been lodged in the New South Wales Guardianship Tribunal about JA. No response was received from JS.
On 1 November 2010 an officer in the tribunal registry made enquiries and ascertained that JA was residing as a long stay patient with a Health Service in New South Wales.
The tribunal exercises jurisdiction in this matter under the Guardianship and Administration Act 2000. That Act is the result of law-making power exercised by the Queensland Parliament to implement a scheme for the appointment of substitute decision makers for adults with impaired decision making capacity. New South Wales has via statute set up a similar scheme for the exercise of substituted decision making power for adults resident in New South Wales.
The Queensland Act has limited operation outside of Queensland. The tribunal considers that primarily laws for the peace, welfare and good government of Queensland must relate to persons who have a recognised connection to Queensland such as persons present or resident in Queensland.
The tribunal finds that JA is no longer a resident of Queensland. The tribunal has no jurisdiction to make appointments of a guardian and administrator for a person who is not resident in Queensland in circumstances where there is no evidence that the person has any assets in Queensland or has any intention of returning to Queensland to reside.
It is appropriate to take steps to finalise these applications. The tribunal enquired with CH on 22 October 2010 as to whether she wanted to withdraw her application but her response that same day indicated that she no longer had any interest in the application due to JA’s having been discharged from the Brisbane hospital several months ago.
10. 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.
11. Parties to a proceeding before the tribunal are obliged to act quickly in any dealing relevant to the proceeding. JS, as a proposed appointee, is a party in these applications. She has failed to act quickly in responding to enquiries made to her about these applications. The tribunal has an obligation to deal with matters in a way that is accessible, fair, just, economical, informal and quick. It is appropriate in view of those obligations to consider factors relevant to finalising these applications given the length of time since the applications were commenced and the lack of response from JS to the tribunal enquiries.
12. It is appropriate to bring an early end to the applications without providing the parties with an opportunity for an oral hearing as the applicant no longer has a current interest in the affairs of JA since her discharge from the applicant’s hospital earlier this year and the proposed appointee has not co-operated with the tribunal’s processes.
13. The tribunal finds that the applications are lacking in substance as the tribunal does not have jurisdiction to appoint a guardian and administrator for JA when she is no longer a resident of Queensland and when there is no evidence that she has any relevant connection with this State.
14. The applications are dismissed.
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