SI

[2011] QCAT 218

CITATION: SI [2011] QCAT 218

PARTIES: SI

APPLICATION NUMBER:   GAA2044-11 GAA2045-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 17 May 2011

DELIVERED AT: Brisbane

ORDERS MADE:      Applications for the appointment of a guardian and an administrator are dismissed.

CATCHWORDS: 

GUARDIANSHIP – no evidence to rebut the presumption of capacity – early end to proceedings

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties under section 32(2) of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. BR and BM applied to the tribunal for the appointment of a guardian and administrator for SI.  The application was not accompanied with medical evidence about the decision making capacity of SI.

2. On 17 March 2011 and on 12 April 2011 a staff member from the tribunal registry wrote to the applicants and informed them that evidence about SI’s decision making capacity was required to be filed before the tribunal could proceed with the consideration of the application.

3. The applicants were informed that unless that evidence was provided to the tribunal, their application would be closed.  No response was received from the applicants to either of these letters.  Evidence from a health practitioner about the decision making capacity of SI has not been received by the tribunal.

4. General Principle 1 in the Schedule to the Guardianship and Administration Act 2000 states that an adult is presumed to have capacity to make decisions.  Before the tribunal can appoint a decision maker for an adult, the tribunal must be satisfied that the presumption of capacity has been rebutted by evidence satisfactory to the tribunal. 

5. No evidence has been received on which the tribunal can make a determination about SI’s decision making capacity.  The applicants have failed to provide evidence to rebut the presumption of capacity despite being given an adequate opportunity to do so.

6. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.  The tribunal considers that the applications lodged by BR and BM are lacking in substance and must be dismissed.