MH
[2011] QCAT 15
•13 January 2011
| CITATION: | MH [2011] QCAT 15 |
| PARTIES: | MH |
| APPLICATION NUMBER: | GAA9204-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 13 January 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 13 January 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application for appointment of a guardian dismissed |
| CATCHWORDS : | GUARDIANSHIP – adult resides outside Queensland – no jurisdiction – early end to proceedings – section 47 of the Queensland Civil and Administrative Tribunal Act 2009 |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 28 October 2010 MI lodged in the tribunal an application for the appointment of a guardian for his mother, MH who resides in New South Wales.
On 8 November 2010 a staff member from the tribunal registry spoke with MI and ascertained that MH was already the subject of an order in the Guardianship Tribunal in New South Wales. MI informed the tribunal that he was in contact with MH’s lawyer and that appropriate decision making arrangements were to be made in New South Wales for MH.
MI indicated that he would keep the tribunal informed about what action was being taken. He did not do so.
On 1 December 2010 the staff member from the tribunal registry wrote a letter to MI informing him that his application would not proceed as MH resides outside of Queensland. He was invited to withdraw his application. He has not done so.
This tribunal can appoint substituted decision makers such as guardians and administrators for adults resident in Queensland. However this tribunal does not have any jurisdiction to make orders for appointment of decision makers for persons who reside in other States of Australia.
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 does not have jurisdiction to make an appointment about MH while she is residing permanently outside Queensland. The tribunal considers that the application made by MI is misconceived and should not proceed to a hearing. The tribunal considers that it is appropriate to dismiss the application under the provisions of section 47 of the Queensland Civil and Administrative Tribunal Act 2009.
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