TM - [2017] QCAT 245 | CaseChat AU

CITATION:

TM [2017] QCAT 245

PARTIES:	TM
APPLICATION NUMBER:	GAA702-17; GAA3227-17; GAA6449-17 and GAA 6450-17

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

7 June 2017

HEARD AT:

Bundaberg

DECISION OF:

Member Milburn

DELIVERED ON:

20 June 2017

DELIVERED AT:

Hervey Bay

ORDERS MADE:

1. The tribunal orders that pursuant to section 107(1)(b) of the Guardianship and Administration Act 2000, to enable the tribunal to conduct a preliminary examination, GM is excluded from part of the hearing of applications numbered GAA702-17; GAA3227-17; GAA6449-17 and GAA 6450-17AA.

2. The tribunal declines to make an order pursuant to section 107(1)(b) of the Guardianship and Administration Act 2000, to exclude GM from the balance of the hearing of applications numbered GAA702-17; GAA3227-17; GAA6449-17 and GAA 6450-17.

3. The tribunal declines to make an order pursuant to section 109 of the Guardianship and Administration Act 2000, to restrict information about any part of the hearing of applications numbered GAA702-17; GAA3227-17; GAA6449-17 and GAA 6450-17.

CATCHWORDS:

LIMITATION ORDERS – CLOSURE ORDER – where the tribunal initiated an application for a limitation order – where the tribunal had previously made a confidentiality order to keep documentation confidential from the adult’s father – where the adult’s father is currently subject to a forensic order – where the adult’s father is an applicant in the proceedings – whether a closure order should be made to exclude the adult’s father from attending the hearing, or part of the hearing – where the tribunal initiated an application for the closure order – where the tribunal made a closure order for a preliminary examination – confidentiality order – whether there are grounds to restrict information

Guardianship and Administration Act 2000 (Qld), s 104, s 105, s 107, s 109, s 114A, s 119, s 123

BSLP [2004] QCAT 462
JSM [2011] QCAT 351

APPEARANCES:

TM (adult)

GM (parent)

PA (Forensic Liaison Officer)

RM (aunt)

SM (grandfather)

RL (social worker)

Melanie Motavali (Office of the Public Guardian)

REASONS FOR DECISION

What is this application about?

In this hearing, the tribunal was convened to review the appointment of a guardian for an adult with impaired decision-making capacity.
The tribunal initiated an application for a limitation order (closure order) at the commencement of the hearing.
Before making a closure order the tribunal must be satisfied that it is necessary to do so to avoid serious harm to a person or avoid injustice to a person.[1]
[1]Guardianship and Administration Act 2000 (Qld), s107.
The closure order involved the adult’s father, who was previously denied access to documentation involving his son consequent upon a confidentiality order of this tribunal in 2012.[2]
[2]At that time, the tribunal ordered that documentation was to be kept confidential from the father.

The legal test

A hearing by the tribunal of proceeding must be in public. However, the tribunal may make a closure order.[3]
[3]Guardianship and Administration Act 2000 (Qld), s 105.
Before the tribunal can make a closure order, the tribunal must be…

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.

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Details

AGLC: TM [2017] QCAT 245
Case: [2017] QCAT 245
Decision Date: 20 June 2017

CaseChat Overview and Summary

The parties involved in this case are the tribunal and GM, the father of an adult who is subject to guardianship and administration proceedings. The dispute centres on the tribunal's application for limitation orders, specifically a closure order to exclude GM from certain parts of the hearing and a confidentiality order to keep documentation from GM. GM, who is currently subject to a forensic order, is an applicant in the proceedings. The court had to decide whether there were grounds to make a closure order to exclude GM from attending the hearing or part of the hearing, and whether there were grounds to restrict information about any part of the hearing.

The legal issues before the court were whether a closure order should be made to exclude GM from part of the hearing, and whether there were grounds to restrict information about any part of the hearing. The court considered the need to balance the rights of GM with the need to protect the interests of the adult who is subject to the guardianship and administration proceedings. The court also considered the need to ensure that the proceedings were conducted fairly and efficiently.

The tribunal found that there were grounds to make a closure order to exclude GM from part of the hearing, but not to exclude him from the balance of the hearing. The tribunal also found that there were no grounds to restrict information about any part of the hearing. The tribunal relied on section 107(1)(b) of the Guardianship and Administration Act 2000, which allows the tribunal to make a closure order to exclude a person from part of the hearing if it is necessary to protect the interests of the adult or to ensure that the proceedings are conducted fairly and efficiently. The tribunal found that GM's exclusion from part of the hearing was necessary to protect the interests of the adult and to ensure that the proceedings were conducted fairly and efficiently.

The tribunal made an order excluding GM from part of the hearing of applications numbered GAA702-17; GAA3227-17; GAA6449-17 and GAA 6450-17AA. The tribunal declined to make an order to exclude GM from the balance of the hearing or to restrict information about any part of the hearing. The tribunal found that GM's exclusion from the balance of the hearing was not necessary to protect the interests of the adult or to ensure that the proceedings were conducted fairly and efficiently. The tribunal also found that there were no grounds to restrict information about any part of the hearing.

Orders

Orders of the court

1. The tribunal orders that pursuant to section 107(1)(b) of the Guardianship and Administration Act 2000, to enable the tribunal to conduct a preliminary examination, GM is excluded from part of the hearing of applications numbered GAA702-17; GAA3227-17; GAA6449-17 and GAA 6450-17AA.

2. The tribunal declines to make an order pursuant to section 107(1)(b) of the Guardianship and Administration Act 2000, to exclude GM from the balance of the hearing of applications numbered GAA702-17; GAA3227-17; GAA6449-17 and GAA 6450-17.

3. The tribunal declines to make an order pursuant to section 109 of the Guardianship and Administration Act 2000, to restrict information about any part of the hearing of applications numbered GAA702-17; GAA3227-17; GAA6449-17 and GAA 6450-17.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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