QN - [2019] QCAT 56 | CaseChat AU

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

QN [2019] QCAT 56

PARTIES:

In applications about matters concerning QN

APPLICATION NO/S:

GAA14121-18, GAA14122-18, GAA14226-18, GAA2734-19

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

8 March 2019

HEARING DATE:

8 March 2019

HEARD AT:

Brisbane

DECISION OF:

Member [Redacted]

ORDERS:

GUARDIANSHIP

1.   The Public Guardian is appointed as guardian for QN for the following personal matters:

(a)   Accommodation;

(b)   With whom QN has contact and/or visits;

(c)    Health care;

(d)   Provision of services, including in relation to the National Disability Insurance Scheme.

2.   This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in two (2) years.

ADMINISTRATION

3.   The Public Trustee of Queensland is appointed as administrator for QN for all financial matters.

4.   The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

5.   The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

6.   The appointment of the Public Trustee of Queensland remains current until further order of the Tribunal.

LIMITATION ORDERS

7. The Tribunal orders that pursuant to s 107(1)(b) of the Guardianship and Administration Act 2000 (Qld) MN and TN are excluded from the hearing of applications numbered GAA14121-18, GAA14122-18 and GAA14226-18.

8. The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 (Qld) the following information/documents are confidential and must not be disclosed to MN and TN.

(a)   The Public Guardian investigation report dated 4 March 2019; and

(b)   The Public Trustee of Queensland Tribunal Briefing Report dated 4 March 2019.

9. Other than to the Public Guardian, The Public Trustee of Queensland, Public advocate and any legal representative engaged by [QN], and until further order of the Tribunal, the following is confidential and must not be disclosed pursuant to s 109 of the Guardianship and Administration Act 2000 (Qld):

(a)   All document’s held on the Tribunal’s record of proceeding;

(b)   The Tribunal’s reasons for any decision made and delivered orally by the Presiding Member at the Hearing in Brisbane on 7 March 2019;

(c)    All recordings and transcripts of evidence given in the proceeding on 7 March 2019 commencing from 3:00pm;

(d)   The names of all representatives of active parties who attended the hearing on 7 March 2019, the Presiding Member of the hearing on 7 March 2019, the Tribunal case manager and all representatives from the Department of Communities, Disabilities and Seniors who attended the hearing on 7 March 2019.

CATCHWORDS:

GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS – where applications for the appointment of guardian and administrator – where evidence before the Tribunal to satisfy the requirements of s 107 of the Guardianship and Administration Act 2000 (Qld) – where application initiated by the Tribunal to exclude particular persons from the hearing – where application initiated by the Tribunal to keep information relied upon in excluding particular persons from the hearing confidential – where limitation orders should be…

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.

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Details

AGLC: QN [2019] QCAT 56
Case: [2019] QCAT 56
Decision Date: 8 March 2019

CaseChat Overview and Summary

In the matter of QN, the Queensland Civil and Administrative Tribunal (QCAT) was tasked with appointing a guardian and administrator for QN under the Guardianship and Administration Act 2000 (Qld). The Tribunal was also required to consider applications for the exclusion of certain persons from the hearing and the confidentiality of specific information. The primary legal issues before QCAT were whether the Public Guardian should be appointed as QN's guardian and the Public Trustee of Queensland as QN's administrator, as well as whether particular individuals should be excluded from the hearing and certain information kept confidential.

The Tribunal found that the Public Guardian was the appropriate person to be appointed as QN's guardian for personal matters, and the Public Trustee of Queensland as QN's administrator for financial matters. The Tribunal also accepted that the evidence before it satisfied the requirements of section 107 of the Guardianship and Administration Act 2000 (Qld). Further, QCAT ruled that it was in the best interest of justice to exclude certain individuals from the hearing and to keep certain information confidential, pursuant to sections 107(1)(b) and 109 of the Act, respectively. As a result, the Tribunal made orders appointing the Public Guardian as QN's guardian for personal matters and the Public Trustee of Queensland as QN's administrator for financial matters. The Tribunal also ordered that specific individuals be excluded from the hearing and that certain information be kept confidential.

In summary, QCAT appointed the Public Guardian as QN's guardian for personal matters and the Public Trustee of Queensland as QN's administrator for financial matters. The Tribunal also excluded certain individuals from the hearing and directed that certain information be kept confidential. The orders are subject to review in two years, and the Public Trustee of Queensland is directed to provide accounts to the Tribunal when requested.

Orders

Orders of the court

GUARDIANSHIP

1. The Public Guardian is appointed as guardian for QN for the following personal matters:

(a) Accommodation;

(b) With whom QN has contact and/or visits;

(d) Provision of services, including in relation to the National Disability Insurance Scheme.

2. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in two (2) years.

ADMINISTRATION

3. The Public Trustee of Queensland is appointed as administrator for QN for all financial matters.

4. The Tribunal dispenses with the requirement for the administrator to provide a financial management plan.

5. The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

6. The appointment of the Public Trustee of Queensland remains current until further order of the Tribunal.

LIMITATION ORDERS

7. The Tribunal orders that pursuant to s 107(1)(b) of the Guardianship and Administration Act 2000 (Qld) MN and TN are excluded from the hearing of applications numbered GAA14121-18, GAA14122-18 and GAA14226-18.

8. The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 (Qld) the following information/documents are confidential and must not be disclosed to MN and TN.

(a) The Public Guardian investigation report dated 4 March 2019; and

(b) The Public Trustee of Queensland Tribunal Briefing Report dated 4 March 2019.

9. Other than to the Public Guardian, The Public Trustee of Queensland, Public advocate and any legal representative engaged by [QN], and until further order of the Tribunal, the following is confidential and must not be disclosed pursuant to s 109 of the Guardianship and Administration Act 2000 (Qld):

(a) All document’s held on the Tribunal’s record of proceeding;

(b) The Tribunal’s reasons for any decision made and delivered orally by the Presiding Member at the Hearing in Brisbane on 7 March 2019;

(d) The names of all representatives of active parties who attended the hearing on 7 March 2019, the Presiding Member of the hearing on 7 March 2019, the Tribunal case manager and all representatives from the Department of Communities, Disabilities and Seniors who attended the hearing on 7 March 2019.

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:	QN [2019] QCAT 56
PARTIES:	In applications about matters concerning QN
APPLICATION NO/S:	GAA14121-18, GAA14122-18, GAA14226-18, GAA2734-19
MATTER TYPE:	Guardianship and administration matters for adults
DELIVERED ON:	8 March 2019
HEARING DATE:	8 March 2019
HEARD AT:	Brisbane
DECISION OF:	Member [Redacted]
ORDERS:	GUARDIANSHIP 1. The Public Guardian is appointed as guardian for QN for the following personal matters: (a) Accommodation; (b) With whom QN has contact and/or visits; (c) Health care; (d) Provision of services, including in relation to the National Disability Insurance Scheme. 2. This appointment remains current until further order of the Tribunal. The appointment is reviewable and is to be reviewed in two (2) years. ADMINISTRATION 3. The Public Trustee of Queensland is appointed as administrator for QN for all financial matters. 4. The Tribunal dispenses with the requirement for the administrator to provide a financial management plan. 5. The Tribunal directs the administrator to provide accounts to the Tribunal when requested. 6. The appointment of the Public Trustee of Queensland remains current until further order of the Tribunal. LIMITATION ORDERS 7. The Tribunal orders that pursuant to s 107(1)(b) of the *Guardianship and Administration Act* 2000 (Qld) MN and TN are excluded from the hearing of applications numbered GAA14121-18, GAA14122-18 and GAA14226-18. 8. The Tribunal orders that pursuant to s 109 of the *Guardianship and Administration Act* 2000 (Qld) the following information/documents are confidential and must not be disclosed to MN and TN. (a) The Public Guardian investigation report dated 4 March 2019; and (b) The Public Trustee of Queensland Tribunal Briefing Report dated 4 March 2019. 9. Other than to the Public Guardian, The Public Trustee of Queensland, Public advocate and any legal representative engaged by [QN], and until further order of the Tribunal, the following is confidential and must not be disclosed pursuant to s 109 of the *Guardianship and Administration Act* 2000 (Qld): (a) All document’s held on the Tribunal’s record of proceeding; (b) The Tribunal’s reasons for any decision made and delivered orally by the Presiding Member at the Hearing in Brisbane on 7 March 2019; (c) All recordings and transcripts of evidence given in the proceeding on 7 March 2019 commencing from 3:00pm; (d) The names of all representatives of active parties who attended the hearing on 7 March 2019, the Presiding Member of the hearing on 7 March 2019, the Tribunal case manager and all representatives from the Department of Communities, Disabilities and Seniors who attended the hearing on 7 March 2019.
CATCHWORDS:	GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS – where applications for the appointment of guardian and administrator – where evidence before the Tribunal to satisfy the requirements of s 107 of the Guardianship and Administration Act 2000 (Qld) – where application initiated by the Tribunal to exclude particular persons from the hearing – where application initiated by the Tribunal to keep information relied upon in excluding particular persons from the hearing confidential – where limitation orders should be…