TBT - [2025] QCAT 441

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

TBT [2025] QCAT 441

PARTIES:

In an application about a matter concerning TBT

APPLICATION NO/S:

GAA12131-25

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

11 November 2025

HEARING DATE:

3 November 2025

HEARD AT:

Brisbane via teleconference

DECISION OF:

Member Casey

ORDERS:

1. The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 (Qld) the following documents are confidential and must not be disclosed to TBT:

(a) Medical reports in relation to TBT which are identified as documents MED001, MED005, MED006, MED007, MED008 and MED009; and

(b) Application for miscellaneous matters – Guardianship dated 30 July 2025.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – where the Tribunal made a confidentiality order prior to the hearing which was vacated at the hearing – whether a confidentiality order is necessary

Guardianship and Administration Act 2000 (Qld), s 100, s 103, s 104, s 109, s 110, s 111, s 113,

Human Rights Act 2019 (Qld), s 13, s 15, s 25, s 48

APPEARANCES & REPRESENTATION:

KJ, social worker by telephone

VM, delegate of the Office of the Public Guardian

YK, representative of the Public Trustee of Queensland

A policy officer from the Department of Women, Aboriginal and Torres Strait Islander Partnerships and Multiculturalism (observing)

REASONS FOR DECISION

Introduction

TBT (the adult) is 18 years of age and of Torres Strait Islander heritage. Since his recent release from incarceration, TBT has been residing with a family member.
On 30 July 2025, the Tribunal received applications for the following:
(a)The appointment of a guardian and administrator for TBT;
(b)The appointment of guardian and administrator under interim order for TBT;
(c)Miscellaneous matters, seeking a confidentiality order over specific documentation received by the Tribunal.
In a decision on 4 August 2025, the Tribunal appointed, under an interim order, the Public Trustee of Queensland as administrator for TBT for all financial matters and the Public Guardian as guardian for TBT for the matters of accommodation, health care, provision of services (including in relation to the National Disability Insurance Scheme) and legal matters not relating to the adult’s financial or property matters. The Tribunal directed the guardian and administrator to provide a written account of their respective actions as appointees to the Tribunal no later than three (3) working days prior to the hearing. The appointments were to remain current for three (3) months or, if the Tribunal were to make a further order in these matters, until the date of the further order, whichever was to be the sooner.
On the same day, the Tribunal made a pre-hearing confidentiality order whereby, pursuant to pursuant to sections 109 and 110 of the Guardianship and Administration Act 2000 (Qld) (‘GAA’) the following documents were to be confidential and must not be disclosed to TBT:
(a)Medical reports in relation to TBT which are identified as documents MED001, MED005, MED006, MED007, MED008 and MED009; and
(b)Application for miscellaneous…

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.

Continue reading TBT

Details

AGLC: TBT [2025] QCAT 441
Case: [2025] QCAT 441
Decision Date: 11 November 2025

CaseChat Overview and Summary

The Tribunal dealt with an application concerning the confidentiality of certain documents pertaining to TBT, a person under guardianship. The dispute involved whether specific documents should remain confidential to prevent potential harm to TBT. This case was heard in the Queensland Civil and Administrative Tribunal (QCAT), which has jurisdiction over matters involving guardianship and administration of property of individuals with impaired capacity.

The primary legal issue before the Tribunal was whether the non-disclosure of particular documents was necessary to avoid serious harm to TBT. This required interpreting the statutory provisions, particularly section 109 of the Guardianship and Administration Act 2000 (Qld), in a manner consistent with human rights, including TBT's rights to privacy and equal protection. The Tribunal needed to balance these rights against the necessity of maintaining confidentiality to prevent harm.

The Tribunal concluded that the non-disclosure of the identified documents was necessary to prevent serious harm to TBT. It found that the confidentiality order was reasonable and justified under the Human Rights Act 2019 (Qld), given the potential harm to TBT if the documents were disclosed. The Tribunal determined that the orders made were the least restrictive means to achieve the desired outcome based on the information available. Consequently, it ordered that specific medical reports and an application for miscellaneous matters in guardianship be kept confidential and not disclosed to TBT.

In summary, the Tribunal ordered that certain documents relating to TBT remain confidential to protect TBT from potential harm, in accordance with the statutory framework and human rights considerations.

Orders

Orders of the court

1. The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 (Qld) the following documents are confidential and must not be disclosed to TBT:

(a) Medical reports in relation to TBT which are identified as documents MED001, MED005, MED006, MED007, MED008 and MED009; and

(b) Application for miscellaneous matters – Guardianship dated 30 July 2025.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

For these reasons, the Tribunal is satisfied that the non-disclosure of the identified documents is necessary to avoid serious harm to TBT and that the non-disclosure is only to the extent necessary by the making of the confidentiality order.Conclusion Accordingly, the Tribunal orders that pursuant to section 109 of the GAA the following documents are confidential and must not be disclosed to TBT:(a)Medical reports in relation to TBT which are identified as documents MED001, MED005, MED006, MED007, MED008 and MED009; and(b)Application for miscellaneous matters – Guardianship dated 30 July 2025: In the Tribunal’s consideration of the application for a confidentiality order, the Tribunal is required to interpret the statutory provisions, to the extent possible that is consistent with their purpose, in a way that is compatible with human rights.[4] A human right may be subject under law only to reasonable limits that can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom.[5] [4]Human Rights Act 2019 (Qld) s 48.[5]Ibid s 13. TBT’s rights to privacy[6] and recognition as a person before the law entitled to equal protection without discrimination[7] are engaged and limited by the making of the confidentiality order. Taking into account these findings in relation to the criteria set out in the GAA, the Tribunal is satisfied the limits imposed by the order are reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld). The orders made are the least restrictive based on the information before the Tribunal. [6]Ibid s 25.[7]Ibid s 15. As required under section 113 of the GAA, a copy of the Tribunal’s reasons for its decision to make the limitation order must be given to all active parties and the Public Advocate.

Ratio Decidendi

Legal Principle Established

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