KDV

[2025] QCAT 256

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

KDV [2025] QCAT 256

PARTIES:

In an application about matters concerning KDV

APPLICATION NO:

GAA13288-24

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

15 April 2025

HEARING DATE:

15 April 2025

HEARD AT:

Brisbane

DECISION OF:

Senior Member Browne, Presiding

A/Member J Dalling

ORDERS:

1.     Leave is given to TU to represent the applicant for the application for the appointment of a guardian filed on 28 November 2024.

2.     The application by TU for the appointment of a guardian for KDV is dismissed.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS – where adult resides in a residential aged care facility – where adult is a recipient of aged care – whether there are restrictive practices in use as defined under the Quality of Care Principles 2014 (Cth) – where application for the appointment of a guardian – where adult does not have any family or informal supports – where adult has longstanding mental illness – where no restrictive practices are currently in use – where the primary reason for adult residing in a secure unit is to receive necessary care – where application is dismissed

HUMAN RIGHTS – HUMAN RIGHTS LEGISLATION – where the Tribunal identified no human rights limited by the decision

Aged Care Act1997 (Cth)

Disability Services Act 2006 (Qld)
Disability Services Regulation 2017 (Qld)
Guardianship and Administration Act 2000 (Qld)
Human Rights Act 2019 (Qld)
Quality of Care Principles 2014 (Cth)

Queensland Civil and Administrative Tribunal Act2009 (Qld)

NJ [2022] QCAT 283

APPEARANCES & REPRESENTATION:

Applicants:

DE from Eventide aged care facility

TU from Eventide aged care facility

Public Guardian:

S McPhillips

REASONS FOR DECISION

1. Senior Member Browne: On 28 November 2024, an application was filed by DE, who is a representative from Eventide, a residential aged care facility, proposing that the Office of the Public Guardian be appointed as a guardian to make decisions about KDV’s personal matters, including his restrictive practice matters.

2. The Tribunal, in proceeding, is satisfied that notice of hearing has been given, having received a certificate of advice of hearing in relation to the notice being given to KDV. Also, in attendance at the hearing by remote conferencing was TU, who was seeking permission from the Tribunal to represent the applicant, for the application for the appointment of a guardian, on the basis that DE was not available to speak as the applicant. The Tribunal was satisfied that leave should be given to TU who is an enrolled nurse with Eventide, the aged care facility where KDV resides.

3. In allowing TU to appear as the applicant in the proceeding, new information was provided to the Tribunal in support of the application, being a behaviour support plan indicating that the current review date in relation to the plan for KDV is dated 3 March 2026.

4. The application comes about because Eventide, being the aged care facility where KDV resides, has…