PJT

[2009] QCAT 13

CITATION:      PJT [2009] QCAT 13

PARTIES:   PJT

APPLICATION NUMBER:            GAA6527-09

MATTER TYPE:   Guardianship and administration matters

HEARING DATE:   10 December 2009

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   10 December 2009

DELIVERED AT:   Brisbane

ORDERS MADE:   Dismissal of application for interim order

CATCHWORDS: Interim order – section 129 of Guardianship and Administration Act 2000 – where no immediate risk of harm

APPEARANCES and REPRESENTATION (if any):

Hearing on the papers in the absence of parties

REASONS FOR DECISION

1. On 9 December 2009 an application for an interim order was lodged about PJT (the adult) by PR seeking the appointment of an administrator.

1. Section 129 of the Act provides for the making of interim orders if the tribunal is satisfied, on reasonable grounds, 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. 

2. The tribunal may make an interim order in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of the Act.  The maximum period that may be specified in an interim order is 3 months. 

1. The Tribunal considered the following evidence about the adult’s capacity

health professional report: Dr CD reported on 24 September 2009 that PJT has an intellectual disability, literacy problems and dyslexia.  Dr CD was on the opinion that PJT had no ability to make correct financial decisions and could not make decisions freely and voluntarily.  Dr CD was of the opinion that PJT could not make any simple or complex financial decisions. 

1. The following issues were raised as the basis for the interim order application:

·there is nobody in the adult’s life to assist adequately with financial decisions

·the adult is vulnerable to financial abuse or exploitation

1. The Tribunal considered the following evidence about those issues: PJT lives in rented accommodation with his wife.  There are rent arrears of $1,400.  Eviction notices have been served requiring PJT to vacate the accommodation by 10 December 2009.  The real estate agency managing the accommodation have told PJT’s advocate that they will not evict PJT and his wife anytime soon but they have concerns about future payment of rent and the arrears.  PJT has income from a Centrelink benefit.  PJT has entered into a subcontracting arrangement and is being paid significantly below the award rates.  He has no insurance and his pay slips are being issued in a false name.  He is not paying income tax on his earnings.  PJT enters into contracts for items such as televisions without having a budget.  If his wife separates from PJT, he will need to enter into a new lease and requires assistance to do so. 

1. The Tribunal made the following findings of fact about those issues: PJT owes significant arrears of rent on his rental accommodation but the real estate agency is unlikely to take action to evict PJT in the immediate future.  He receives income from Centrelink and also has earnings from work.  He is not paying income tax on his earnings and he is uninsured.  He is being paid under a false name. 

1. On the basis of the information provided:

   ·the Tribunal considers that the adult has impaired decision making capacity for the matter

   ·the Tribunal is not satisfied that there is an immediate risk of harm to the adult’s health, welfare or property

CONCLUSION

1. The Tribunal determines that the need for an interim appointment of an administrator has not been established.

2. The Tribunal dismisses the application for an interim order.