JF

[2020] QCAT 419

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

JF [2020] QCAT 419

PARTIES:

In an application about matters concerning JF

APPLICATION NO/S:

G26638

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

4 November 2020

HEARD AT:

Brisbane

DECISION OF:

Member Traves

ORDERS:

On 14 October 2020:

The application by DS for an interim order appointing the Public Trustee of Queensland as administrator for JF is dismissed.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – INTERIM ORDER – whether Tribunal satisfied on reasonable grounds that there is an immediate risk of harm to the health, welfare or property of the adult

Guardianship and Administration Act 2000 (Qld), s 12, s 129

Human Rights Act 2019 (Qld), s 9(4).

PJB v Melbourne Health (2011) 39 VR 373.

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

REASONS FOR DECISION

1. On 20 May 2019 the Tribunal, differently constituted, made an order appointing the Public Trustee of Queensland as administrator for JF for all financial matters. The appointment was to be reviewed in one year. On 18 June 2020, at the review of the appointment of the administrator, the Tribunal revoked the appointment.

2. On 13 October 2020 an application for the appointment of a guardian (Public Guardian) and administrator (Public Trustee) for JF was made by DS, a social worker with the Gold Coast Hospital and Health Service. At that same time, DS applied for an interim order seeking the appointment of the Public Trustee as administrator for JF for all financial matters. The application for the appointment of an administrator and guardian has been listed for hearing in the Tribunal on 16 November 2020.

3. Before the Tribunal can make an order appointing a guardian for a personal matter or an administrator for a financial matter, the Tribunal must be satisfied of the elements in s 12 of the Guardianship and Administration Act 2000 (Qld) (the Act), namely:

   (a)the adult has impaired capacity for the matter;

   (b)there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and

   (c)without an appointment, the adult’s needs will not be adequately met; or the adult’s interests will not be adequately protected.

4. Section 129 of the Act gives power to the Tribunal to make an interim order in the proceeding without hearing and deciding the proceeding or otherwise complying with the Act, but only if the Tribunal is satisfied, on reasonable grounds, that there is an immediate risk of harm to the health, welfare or property of the adult concerned in an application, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult. The maximum period that may be specified in an interim order is three months.

5. On…