RAG

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

RAG [2020] QCATA 135

PARTIES:

RAG

(applicant/appellant)

v

THE PUBLIC TRUSTEE OF QUEENSLAND
PUBLIC GUARDIAN
PWG
HDG

(respondent)

APPLICATION NO

APL122-20

ORIGINATING APPLICATION NOS:

GAA3476-19; GAA3478-19; GAA6945-19; GAA1678‑20

MATTER TYPE:

Appeals

DELIVERED ON:

15 September 2020

HEARING DATE:

On the Papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Howard
Member Fitzpatrick

ORDERS:

The application for a stay of the decision dated 25 March 2020 in GAA3476-19; GAA3478-19; GAA6945-19 and GAA1678-20 is refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS- GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where former attorney for personal and health matters and for financial matters replaced by the Public Guardian and the Public Trustee of Queensland – former attorney seeking stay and orders on appeal to re-instate enduring powers of attorney 

Guardianship and Administration Act 2000 (Qld), s 128

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 58, s 145(1) and (2)

Cooks Construction Pty Ltd v Stork Food Systems Aust Pty Ltd [2008] 2 Qd R 453

Hessey-Tenny v Jones [2018] QCATA 131

REPRESENTATION:

Applicant:

Self-represented

Respondents:

Public Guardian: J Houghton, Acting Regional Manager, Office of Public Guardian

PAG: Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. On 25 March 2020, the Tribunal made a decision appointing the Public Guardian and The Public Trustee of Queensland as guardian and trustee of HDG respectively.

2. As a result, appointments of RAG pursuant to an Enduring Power of Attorney dated 20 November 2015 for personal and health matters for HDG; and an Enduring Power of Attorney dated 29 October 2009 for financial matters for HDG, were overtaken and can no longer be acted upon.

3. Relevant facts in making the decision are HDG’s relocation to Queensland by RAG against medical advice and the transfer of HDG’s funds to RAG’s account.

4. RAG has applied for leave to appeal the decision. Ultimately, if leave is granted and the appeal is successful, he seeks re-instatement of the Enduring Power of Attorney.

5. By application filed 12 May 2020, RAG seeks a stay of the decision dated 25 March 2020. The reason given is that the application for leave to appeal or appeal has been lodged.

6. RAG was directed to file any submissions in support of his application for a stay of the decision. He has not done so.

7. The Public Guardian has filed submissions raising for the Tribunal’s consideration that, while it does not provide views on who should make decisions on behalf of an adult, it is aware that there is conflict between interested parties which may impact on decision-making processes, should a health care decision be required.

8. PAG filed submissions referring to the reasons for appointment of the Public Guardian and the Public Trustee of Queensland, submitting that if RAG is able to revert to a position of control over HDG’s affairs there is a real and unacceptable…