JDW - [2025] QCAT 384

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

JDW [2025] QCAT 384

PARTIES:

In applications about matters concerning JDW

APPLICATION NO/S:

GAA8398-25
GAA8399-25
GAA8400-25
GAA8568-25

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

Decision 8 July 2025

Reasons 8 August 2025

HEARING DATE:

8 July 2025

HEARD AT:

Brisbane

DECISION OF:

Member Taylor

ORDERS:

ADJOURNMENT

1.     The hearing of the application for review of an Administrator is adjourned part heard to 10 October 2025 at Brisbane at 2:15 PM.

2.     This order service as notice of hearing on 10 October 2025.

DIRECTIONS

3. Pursuant to s 155 of the Guardianship and Administration Act 2000 (Qld) the appointment of VW as Administrator for JDW for all financial matters is suspended for three (3) months or until further order of the Tribunal, during which time the Public Trustee of Queensland is taken to be the Administrator for James Douglas Watkin for all financial matters.

4.     The Public Trustee of Queensland is to provide a written report to this Tribunal, with a copy to VW, of its actions during this 3-month suspension period:

not later than 4:00PM Friday 3 October 2025.

5.     Should the Department of Families Seniors Disability Services and Child Safety wish to make any submissions to the Tribunal as to any observed changes to the behaviour of JDW during the period of suspension of VW as administrator, it is to provide such submissions to the Tribunal with a copy to VW no later than 4:00pm Friday 3 October 2025.

RESTRICTIVE PRACTICES (Containment and Seclusion on own or with other Restrictive Practices)

6.     The Tribunal continues the order of 11 July 2024 approving Centacare Community Services using the following restrictive practices in relation to James Douglas Watkin:

(a)     Chemical restraint;

(b)     Physical restraint;

(c)     Restricting access by JDW to objects; and

(d)     Containing and Secluding.

in accordance with the Positive Behaviour Support Plan dated 18 June 2025 subject to any changes notified by the Chief Executive, Department of Families Seniors Disability Services and Child Safety.

7.     Unless the Tribunal orders otherwise, the approval remains current for twelve (12) months.

DIRECTIONS

8.     Should the Positive Behaviour Support Plan dated 18 June 2025 be amended as a result of an updated ‘Classification of Purpose Medication’ from the Medical General Practitioner to James Douglas Watkin, the Department of Families Seniors Disability Services and Child Safety is to provide a copy to the Tribunal within seven (7) days thereafter.

CATCHWORDS:

HEALTH LAW - GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS –ADMINISTRATION AND FINANCIAL MANAGEMENT – REVIEW, REVOCATION, ETC – where an adult’s mother is appointed her son’s administrator – where a complaint has been made by her son’s service provider as to the administrator’s failure to pay the requisite accommodation fees – where the administrator asserts the accommodation arrangement is a scam – where the administrator failed to demonstrate a proper understanding of her role as administrator – whether the administrator’s appointment should be continued –…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading JDW

Details

AGLC: JDW [2025] QCAT 384
Case: [2025] QCAT 384
Decision Date: 8 July 2025

CaseChat Overview and Summary

The case involves an adult, referred to as JDW, and his mother, who holds the position of administrator for his financial matters. A complaint was lodged by a service provider regarding the mother's failure to pay accommodation fees, with the administrator claiming the arrangement to be a scam. The court was tasked with determining whether the mother's role as administrator should continue, given her failure to demonstrate a proper understanding of her responsibilities.

The court considered the mother's history of allegations of inappropriate behaviour, particularly against children, and the use of restrictive practices in the past. It also assessed whether the continued use of these practices would infringe on JDW's human rights, particularly his right to freedom of movement and liberty and security. The court had to decide if it was appropriate to consider the rights of children in this context.

The court ruled that the mother's appointment as administrator should be suspended for three months, with the Public Trustee of Queensland acting as the administrator in her place. The court ordered the Public Trustee to provide a report on their actions during this suspension period. The use of restrictive practices was continued, subject to the approval of the Positive Behaviour Support Plan, with an order for the Department of Families Seniors Disability Services and Child Safety to notify the court of any changes to the plan. The court adjourned the hearing to allow for further consideration of the matter.

Orders

Orders of the court

ADJOURNMENT

1. The hearing of the application for review of an Administrator is adjourned part heard to 10 October 2025 at Brisbane at 2:15 PM.

2. This order service as notice of hearing on 10 October 2025.

DIRECTIONS

3. Pursuant to s 155 of the Guardianship and Administration Act 2000 (Qld) the appointment of VW as Administrator for JDW for all financial matters is suspended for three (3) months or until further order of the Tribunal, during which time the Public Trustee of Queensland is taken to be the Administrator for James Douglas Watkin for all financial matters.

4. The Public Trustee of Queensland is to provide a written report to this Tribunal, with a copy to VW, of its actions during this 3-month suspension period:

not later than 4:00PM Friday 3 October 2025.

5. Should the Department of Families Seniors Disability Services and Child Safety wish to make any submissions to the Tribunal as to any observed changes to the behaviour of JDW during the period of suspension of VW as administrator, it is to provide such submissions to the Tribunal with a copy to VW no later than 4:00pm Friday 3 October 2025.

RESTRICTIVE PRACTICES (Containment and Seclusion on own or with other Restrictive Practices)

6. The Tribunal continues the order of 11 July 2024 approving Centacare Community Services using the following restrictive practices in relation to James Douglas Watkin:

(a) Chemical restraint;

(b) Physical restraint;

(d) Containing and Secluding.

in accordance with the Positive Behaviour Support Plan dated 18 June 2025 subject to any changes notified by the Chief Executive, Department of Families Seniors Disability Services and Child Safety.

7. Unless the Tribunal orders otherwise, the approval remains current for twelve (12) months.

DIRECTIONS

8. Should the Positive Behaviour Support Plan dated 18 June 2025 be amended as a result of an updated ‘Classification of Purpose Medication’ from the Medical General Practitioner to James Douglas Watkin, the Department of Families Seniors Disability Services and Child Safety is to provide a copy to the Tribunal within seven (7) days thereafter.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	JDW [2025] QCAT 384
PARTIES:	In applications about matters concerning JDW
APPLICATION NO/S:	GAA8398-25 GAA8399-25 GAA8400-25 GAA8568-25
MATTER TYPE:	Guardianship and administration matters for adults
DELIVERED ON:	Decision 8 July 2025 Reasons 8 August 2025
HEARING DATE:	8 July 2025
HEARD AT:	Brisbane
DECISION OF:	Member Taylor
ORDERS:	ADJOURNMENT 1. The hearing of the application for review of an Administrator is adjourned part heard to 10 October 2025 at Brisbane at 2:15 PM. 2. This order service as notice of hearing on 10 October 2025. DIRECTIONS 3. Pursuant to s 155 of the Guardianship and Administration Act 2000 (Qld) the appointment of VW as Administrator for JDW for all financial matters is suspended for three (3) months or until further order of the Tribunal, during which time the Public Trustee of Queensland is taken to be the Administrator for James Douglas Watkin for all financial matters. 4. The Public Trustee of Queensland is to provide a written report to this Tribunal, with a copy to VW, of its actions during this 3-month suspension period: not later than 4:00PM Friday 3 October 2025. 5. Should the Department of Families Seniors Disability Services and Child Safety wish to make any submissions to the Tribunal as to any observed changes to the behaviour of JDW during the period of suspension of VW as administrator, it is to provide such submissions to the Tribunal with a copy to VW no later than 4:00pm Friday 3 October 2025. RESTRICTIVE PRACTICES (Containment and Seclusion on own or with other Restrictive Practices) 6. The Tribunal continues the order of 11 July 2024 approving Centacare Community Services using the following restrictive practices in relation to James Douglas Watkin: (a) Chemical restraint; (b) Physical restraint; (c) Restricting access by JDW to objects; and (d) Containing and Secluding. in accordance with the Positive Behaviour Support Plan dated 18 June 2025 subject to any changes notified by the Chief Executive, Department of Families Seniors Disability Services and Child Safety. 7. Unless the Tribunal orders otherwise, the approval remains current for twelve (12) months. DIRECTIONS 8. Should the Positive Behaviour Support Plan dated 18 June 2025 be amended as a result of an updated ‘Classification of Purpose Medication’ from the Medical General Practitioner to James Douglas Watkin, the Department of Families Seniors Disability Services and Child Safety is to provide a copy to the Tribunal within seven (7) days thereafter.
CATCHWORDS:	HEALTH LAW - GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS –ADMINISTRATION AND FINANCIAL MANAGEMENT – REVIEW, REVOCATION, ETC – where an adult’s mother is appointed her son’s administrator – where a complaint has been made by her son’s service provider as to the administrator’s failure to pay the requisite accommodation fees – where the administrator asserts the accommodation arrangement is a scam – where the administrator failed to demonstrate a proper understanding of her role as administrator – whether the administrator’s appointment should be continued –…