KMA

[2011] QCAT 197

CITATION: KMA [2011] QCAT 197

PARTIES: KMA

APPLICATION NUMBER:   GAA2688-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Clare Endicott, Senior Member

DELIVERED ON: 27 April 2011

DELIVERED AT: Brisbane

ORDERS MADE:      1.    Application dismissed.

CATCHWORDS:

ADMINISTRATION – application for an interim order

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Nil
RESPONDENT:	Nil

REASONS FOR DECISION

1. An application for an interim order was received on 17 February 2011 from LR from the Mental Health Service in Toowoomba in respect of KMA.

1. This application sought the appointment on an interim basis of The Public Trustee of Queensland to be KMA’s administrator.

1. Despite letters from the Tribunal Registry to the applicant on 18 February 2011, 11 March 2011 and 30 March 2011 requesting further documentation, none was obtained.  These letters advised the applicant that she needed to enclose an application for the appointment of an administrator as well as a report by medical and related health professionals.  Neither of these documents were received.

1. The Tribunal is unable to make an order appointing an administrator on an interim basis unless it is satisfied that section 129 of the Guardianship and Administration Act2000 applies.The Tribunal must be satisfied that there is an immediate risk of harm to the adult’s health, welfare or property because of the risk of abuse, exploitation, neglect or self neglect.

1. The Tribunal requires an application to be received in respect of administration prior to making an interim order for administration.

1. There is no evidence in the material that the adult’s property is at immediate risk of harm.  There is no formal application for the appointment of an administrator and there is no independent Health Professional Report attesting to her incapacity.

1. The Tribunal will dismiss the application and does so under section 47 of the Queensland Civil and Administrative Tribunal Act 2009.