JBJ
[2011] QCAT 198
•9 May 2011
| CITATION: | JBJ [2011] QCAT 198 |
| PARTIES: | JBJ |
| APPLICATION NUMBER: | GAA5257-10 GAA5258-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, Senior Member |
| DELIVERED ON: | 9 May 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Applications for the appointment of a guardian and an administrator are dismissed. |
| CATCHWORDS: | GUARDIANSHIP AND ADMINISTRATION – adult resides permanently outside Queensland – no jurisdiction – application lacks substance – early end to proceedings Queensland Civil and Administrative Tribunal Act 2009, s 47 |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties under section 32(2) of the Queensland Civil and Administrative Tribunal Act 2009.
REASONS FOR DECISION
JT applied to the tribunal in July 2010 for the appointment of a guardian and an administrator for her son JBJ who at the time of the application was apparently residing in Queensland.
On 6 April 2011 a staff member from the tribunal registry spoke with JT who stated that she had not seen JBJ for about three years.
On 6 May 2011 JL, the father of JBJ, spoke with a staff member of the tribunal registry and informed her that JBJ had been residing in New South Wales since December 2010. JL stated that JBJ had previously lived for two years in New South Wales and had returned to Queensland for about one year before going back to New South Wales.
The tribunal’s inquiries confirmed that JBJ had resided in New South Wales from at least 6 July 2009 to 1 February 2010. The tribunal has no current contact address within Queensland for JBJ and accepts the evidence given by his father that JBJ has been residing again in New South Wales for the past few months.
The tribunal exercises jurisdiction 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. All other States in Australia, including New South Wales, have via statute set up similar schemes for the exercise of substituted decision making power for adults resident in those other States.
The Queensland Act has limited operation outside of Queensland. Laws made 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 or who own property situated in Queensland. Unless the Act lawfully extends jurisdiction of the tribunal to persons who reside permanently outside of Queensland, the tribunal cannot make appointments for non Queensland residents.
The tribunal is satisfied that JBJ does not permanently reside in Queensland. The tribunal does not have jurisdiction to make the appointments sought by JT. Her applications lack substance.
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.
The tribunal has an obligation to deal with matters in a way that is accessible, fair, just, economical, informal and quick. As these applications lack substance, it is appropriate to bring an early end to the applications under section 47. The applications are dismissed in accordance with section 47 of the Queensland Civil and Administrative Tribunal Act 2009.
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