SS
[2011] QCAT 3
•4 January 2011
| CITATION: | SS [2011] QCAT 3 |
| PARTIES: | SS |
| APPLICATION NUMBER: | GAA9812-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 4 January 2010 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 4 January 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application for appointment of an administrator is dismissed |
| CATCHWORDS : | ADMINISTRATION – presumption of capacity not rebutted - section 47 of the Queensland Civil and Administrative Tribunal Act 2009 – early end to proceedings – application lacks substance |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 29 September 2010 JB lodged an application with the tribunal for the appointment of an administrator for SS. The application was not accompanied by any medical evidence as to the decision making capacity of SS.
On 4 October 2010 a staff member from the tribunal registry wrote to the applicant informing her that the tribunal required her to lodge a report from a health professional containing information about SS’s decision making capacity. As there was no response to that letter, another letter was sent to the applicant on 1 November 2010 requiring a report from a health professional. The applicant was informed that her application may be dismissed if the requested medical evidence was not provided to the tribunal.
As there was no response from this letter, the staff member from the tribunal registry attempted to telephone the applicant on 10 November 2010 but was unable to speak to her. The staff member left a message asking the applicant to telephone the tribunal registry about the application. The applicant did not make contact with the tribunal as requested.
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. In order for the tribunal to 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.
No evidence has been received that can form the basis of a determination by the tribunal about SS’s decision making capacity. The applicant has failed to provide evidence to rebut the presumption of capacity despite being requested to provide medical evidence in support of her application.
The tribunal must deal with matters in a way that is accessible, fair, just, economical, informal and quick. A party to a proceeding in the tribunal is under an obligation set out in section 45 of the Queensland Civil and Administrative Tribunal Act 2009 to act quickly in any dealing relevant to the proceeding. The applicant in this case has failed to provide any medical evidence about SS’s decision making capacity despite being asked to do so by the tribunal.
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 concludes that the application for the appointment of an administrator should be brought to an early end in view of the failure of the applicant to provide the information that the tribunal has requested. Without that information the presumption of capacity cannot be rebutted and the application cannot proceed to a hearing.
The tribunal considers that under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the application for the appointment of an administrator for SS must be dismissed.
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