TAJ

[2014] QCAT 595

CITATION: TAJ [2014] QCAT 595

PARTIES:	TAJ
APPLICATION NUMBER:	GAA9865-14

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member Endicott

DELIVERED ON: 28 October 2014

DELIVERED AT: Brisbane

ORDERS MADE: The application by TAS for in interim order is dismissed.

CATCHWORDS:

GUARDIANSHIP – where adult found to have impaired decision making capacity – where son appointed to be guardian and administrator – where those appointments had been suspended and statutory appointees given decision making powers for three months – where son sought an interim order to re-instate him as guardian and administrator – where no evidence of an immediate risk of harm – whether any basis for interim order

Guardianship and Administration Act 2000 (Qld) ss129 and 155

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. On 3 April 2014 the tribunal determined that TAJ had impaired decision making capacity and appointed her son, TAS, to be her guardian to make decisions about certain personal matters for her and to be her administrator to make all financial decisions for her.  Those appointments were to be reviewed in one year’s time.

2. An application was made to the tribunal on 4 September 2014 seeking a review of those appointments and that the Public Guardian and The Public Trustee of Queensland be appointed as decision makers for TAJ in place of TAS.  That review application is set for hearing on 1 December 2014.

3. An interim order was sought so that a change of decision makers could be in place before the hearing of the review applications. The tribunal was satisfied on the evidence presented to the tribunal that urgent action was required and on 5 September 2014 an order was made suspending the appointment of TAS as the guardian and administrator for TAJ. The Public Guardian and The Public Trustee were appointed in terms of section 155 of the Guardianship and Administration Act 2000 (Qld).Those appointments were to remain in place for three months or until the hearing of the review applications if that hearing took place within three months.

4. At the time that the suspension of the appointments of TAS was made, TAS had been overseas.  He returned to Australia on 10 October 2014.  On 27 October 2014 TAS applied to the tribunal for an interim order effectively seeking that he be re-instated as guardian and administrator for his mother.   

5. QCAT can make an appointment of a decision maker on an interim basis for up to three months under section 129 of the Guardianship and Administration Act 2000 (Qld) without holding a hearing. Before an interim order can be made, the tribunal must be satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned.

6. TAS provided no evidence that his mother was at an immediate risk of harm.   In his application for an interim order TAS stated that his appointments had been unjustly suspended while he was overseas.  He wanted to be able to do things for her such as taking his mother to the beach.  He stated that he had brought back classic Turkish movies for her.  He stated that he would be a great support for his mother. 

7. None of the grounds raised by him could in any way constitute circumstances where TAJ would be at an immediate risk of harm.  It is clear that TAS does not agree with the suspension order and wants that order changed.  However that outcome cannot be achieved by bringing an application for an interim order when he as applicant does not provide evidence of the existence of an immediate risk of harm to his mother. 

8. In the absence of any evidence that TAJ would be at an immediate risk of harm without an interim order being made, the basis for an interim order was not made out and the application had to be dismissed.