NPG - [2024] QCAT 144

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

NPG [2024] QCAT 144

PARTIES:

In applications about matters concerning NPG

APPLICATION NO/S:

GAA2003-24
GAA2400-24
GAA2401-24

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

28 March 2024 (ex tempore)

HEARING DATE:

28 March 2024

HEARD AT:

Brisbane

DECISION OF:

Senior Member Browne

ORDERS:

1.   NPG does not have capacity to make decisions about his legal matters relating to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).

2.   The Public Guardian is appointed as guardian for NPG for the following personal matters:

(a)     Accommodation;

(b)     Provision of services, including in relation to the National Disability Insurance Scheme; and

(c)     Legal matters in relation to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).

3.   This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in four (4) years.

4.   The Public Trustee of Queensland is appointed as administrator for NPG for all financial matters.

5.   The Tribunal dispenses with the requirement for the administrators to provide a financial management plan.

6.   The Tribunal directs the administrators to provide accounts to the Tribunal when requested.

7.   This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in four (4) years.

8.   The Principal Registrar of the Queensland Civil and Administrative Tribunal provide to the Registrar of the Supreme Court a copy of the following material by 4:00pm on 5 April 2024:

(a)     A copy of the transcript of the Tribunal’s oral reasons delivered on 28 March 2024;

(b)     A copy of the Tribunal’s written reasons containing the transcript of the oral reasons, to be delivered and published on the Supreme Court Library website in a de-identified format;

(c)     Order of the Tribunal made on 28 March 2024; and

(d)     A copy of the report prepared by Rebecca Anderson of ADA Law, the representative appointed under s 125 of the Guardianship and Administration Act 2000 (Qld) dated 19 March 2024.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS – GENERAL PRINCIPLES – where prisoner is respondent to review of continuing detention order – whether prisoner lacks capacity – whether prisoner has capacity to make decisions about legal matters in relation to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – whether a declaration of capacity should be made – whether prisoner lacks capacity for personal and financial matters – whether appointment of a guardian and administrator should be made – whether a guardian should be appointed for legal matters in relation to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld)

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld)

Guardianship and Administration Act 2000 (Qld), s 5, s 6, s 7(f), s 11, s 11B, s 12, s 14(2), s 15, s 103, s 125, s 145, sch 4
Human Rights Act 2019 (Qld), s 13, s 15,…

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 NPG

Details

AGLC: NPG [2024] QCAT 144
Case: [2024] QCAT 144
Decision Date: 28 March 2024 (ex tempore)

CaseChat Overview and Summary

In the matter of NPG, the Queensland Civil and Administrative Tribunal considered whether the prisoner lacked capacity to make decisions about his legal matters in relation to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and whether a guardian and administrator should be appointed for his personal and financial matters. The court was tasked with determining whether NPG had the capacity to manage his legal affairs related to his detention and if he lacked capacity in other areas. The tribunal also had to decide if a declaration of capacity should be made and if an appointment of a guardian and administrator was necessary.

The tribunal found that NPG did not have the capacity to make decisions about his legal matters relating to the proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The tribunal concluded that NPG lacked the capacity to make decisions in personal and financial matters. Consequently, the tribunal appointed the Public Guardian as NPG's guardian for personal matters, including accommodation, provision of services, and legal matters relating to his detention. The tribunal also appointed the Public Trustee of Queensland as NPG's administrator for all financial matters. The tribunal further directed the administrators to provide accounts when requested and to dispense with the requirement to provide a financial management plan.

The tribunal's orders include the appointment of the Public Guardian and the Public Trustee, with their roles and responsibilities clearly defined. The tribunal also set a review period of four years for these appointments. Additionally, the tribunal directed the Principal Registrar of the Queensland Civil and Administrative Tribunal to provide specific documents to the Registrar of the Supreme Court by a certain date. The final orders ensure that NPG's personal and financial matters are managed appropriately and that his legal rights are protected during his detention.

Orders

Orders of the court

1. NPG does not have capacity to make decisions about his legal matters relating to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).

2. The Public Guardian is appointed as guardian for NPG for the following personal matters:

(a) Accommodation;

(b) Provision of services, including in relation to the National Disability Insurance Scheme; and

3. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in four (4) years.

4. The Public Trustee of Queensland is appointed as administrator for NPG for all financial matters.

5. The Tribunal dispenses with the requirement for the administrators to provide a financial management plan.

6. The Tribunal directs the administrators to provide accounts to the Tribunal when requested.

7. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in four (4) years.

8. The Principal Registrar of the Queensland Civil and Administrative Tribunal provide to the Registrar of the Supreme Court a copy of the following material by 4:00pm on 5 April 2024:

(a) A copy of the transcript of the Tribunal’s oral reasons delivered on 28 March 2024;

(b) A copy of the Tribunal’s written reasons containing the transcript of the oral reasons, to be delivered and published on the Supreme Court Library website in a de-identified format;

(d) A copy of the report prepared by Rebecca Anderson of ADA Law, the representative appointed under s 125 of the Guardianship and Administration Act 2000 (Qld) dated 19 March 2024.

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:	NPG [2024] QCAT 144
PARTIES:	In applications about matters concerning NPG
APPLICATION NO/S:	GAA2003-24 GAA2400-24 GAA2401-24
MATTER TYPE:	Guardianship and administration matters for adults
DELIVERED ON:	28 March 2024 (ex tempore)
HEARING DATE:	28 March 2024
HEARD AT:	Brisbane
DECISION OF:	Senior Member Browne
ORDERS:	1. *NPG does not have capacity to make decisions about his legal matters relating to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003* (Qld). 2. The Public Guardian is appointed as guardian for NPG for the following personal matters: (a) Accommodation; (b) Provision of services, including in relation to the National Disability Insurance Scheme; and (c) Legal matters in relation to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). 3. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in four (4) years. 4. The Public Trustee of Queensland is appointed as administrator for NPG for all financial matters. 5. The Tribunal dispenses with the requirement for the administrators to provide a financial management plan. 6. The Tribunal directs the administrators to provide accounts to the Tribunal when requested. 7. This appointment remains current until further order of the Tribunal. This appointment is reviewable and is to be reviewed in four (4) years. 8. The Principal Registrar of the Queensland Civil and Administrative Tribunal provide to the Registrar of the Supreme Court a copy of the following material by 4:00pm on 5 April 2024: (a) A copy of the transcript of the Tribunal’s oral reasons delivered on 28 March 2024; (b) A copy of the Tribunal’s written reasons containing the transcript of the oral reasons, to be delivered and published on the Supreme Court Library website in a de-identified format; (c) Order of the Tribunal made on 28 March 2024; and (d) A copy of the report prepared by Rebecca Anderson of ADA Law, the representative appointed under s 125 of the Guardianship and Administration Act 2000 (Qld) dated 19 March 2024.**
CATCHWORDS:	HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS – GENERAL PRINCIPLES – where prisoner is respondent to review of continuing detention order – whether prisoner lacks capacity – whether prisoner has capacity to make decisions about legal matters in relation to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – whether a declaration of capacity should be made – whether prisoner lacks capacity for personal and financial matters – whether appointment of a guardian and administrator should be made – whether a guardian should be appointed for legal matters in relation to proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) Guardianship and Administration Act 2000 (Qld), s 5, s 6, s 7(f), s 11, s 11B, s 12, s 14(2), s 15, s 103, s 125, s 145, sch 4 Human Rights Act 2019 (Qld), s 13, s 15,…