QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
PSE v Public Guardian & Anor [2021] QCATA 10
PARTIES:
PSE
(applicant/appellant)v PUBLIC GUARDIAN
LBN(respondents)
APPLICATION NO/S:
APL007-18
ORIGINATING APPLICATION NO/S:
GAA8871-17 Review of the Appointment of a Guardian
GAA9970-17 Review of the Appointment of a Guardian
MATTER TYPE:
Appeals
DELIVERED ON:
22 January 2021
HEARING DATE:
13 February 2019
HEARD AT:
Brisbane
DECISION OF:
Senior Member Guthrie
Member AllenORDERS:
The appeal is dismissed.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – PARTICULAR CASES INVOLVING ERROR OF LAW – DENIAL OF NATURAL JUSTICE – where the Tribunal continued the appointment of a guardian – where applicant alleged that she was not given the opportunity to respond – where applicant seeks to appeal on grounds of procedural fairness – where the Appeal Tribunal found the Tribunal weighed the evidence before it and made findings supported by the evidence – where the Appeal Tribunal found the Tribunal below conducted a fair hearing – where the appeal was dismissed
Guardianship and Administration Act 2000 (Qld) ss 15, 31(4), 130(1)
Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 28(1), 28(3)(a), 28(3)(d), 142(1), 142(3)(b)Cachia v Grech [2009] NSWCA 232
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
Kioa v West (1985) 159 CLR 550
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577
PL v PT & Ors [2018] QCATA 114
QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41APPEARANCES & REPRESENTATION:
Applicant:
Self-represented
Respondent:
J Nagabbo and A Midgley of the Public Guardian
REASONS FOR DECISION
Background
PSE has filed an application for leave to appeal and appeal a decision of the Tribunal which, on 5 December 2017, decided to continue the appointment of the Public Guardian as guardian for PSE’s son, LBN, for decisions about the following personal matters:
(a)Accommodation;
(b)With whom LBN has contact and/or visits;
(c)Health care; and
(d)Provision of services including in relation to the National Disability Insurance Scheme.
This appointment was reviewable and was to be reviewed in one year.
We have considered the application for leave to appeal or appeal, the submissions filed by the applicant and received by the Appeal Tribunal on 10 July 2018 (including the documents provided with the submissions) as well as the oral submissions made at the hearing. We have also considered the transcript of the Tribunal hearing and the transcript of the oral reasons provided to the Tribunal. The respondents did not make submissions in the appeal.
Legislative Framework
An appeal on a question of law is as of right.[1] An appeal on a question of fact or mixed law and fact may only be made with the leave of the Appeal Tribunal.[2]
[1]Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) s 142(1).
[2]QCAT Act s 142(3)(b).
The relevant principles to be applied in determining whether…
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- AGLC
- PSE v Public Guardian [2021] QCATA 10
- Case
- [2021] QCATA 10
- Decision Date
CaseChat Overview and Summary
The legal issues before the Appeal Tribunal centred on whether the Tribunal had correctly exercised its discretion in appointing the guardian and whether it had adhered to the principles of natural justice in doing so. Specifically, the Tribunal was required to determine if the applicant's procedural fairness rights were violated by not allowing her to respond to particular evidence. The appeal was grounded on the allegation that the Tribunal's handling of the case did not allow the applicant to adequately defend herself.
The Appeal Tribunal examined the evidence and found that the Tribunal had considered the evidence presented and made findings that were adequately supported by that evidence. The Tribunal had provided the applicant with an opportunity to respond to the evidence, and the Appeal Tribunal was satisfied that this process was fair. Consequently, the Appeal Tribunal concluded that the Tribunal had not erred in its application of the principles of natural justice and dismissed the appeal.
The Appeal Tribunal, therefore, dismissed the appeal, affirming the original decision of the Tribunal to continue the appointment of the guardian.
Orders
Orders of the court
The appeal is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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