TS

[2011] QCAT 112

CITATION: TS [2011] QCAT 112

PARTIES: TS

APPLICATION NUMBER:   GAA9244-10 GAA9246-10

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 17 February 2011

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 9 March 2011

DELIVERED AT: Brisbane

ORDERS MADE:    

1.    SMF is appointed guardian for TS for decisions about the following personal matters: accommodation, provision of services and legal matters not relating to the adult’s financial or property matters;

2.    This appointment remains current until further order of the tribunal.  The appointment is reviewable and is to be reviewed in two years;

3.    The application for administration is dismissed.

CATCHWORDS:  GUARDIANSHIP AND ADMINISTRATION – decision needed about where adult should live – adult to be released from correctional facility on parole – appropriateness considerations about proposed appointees

APPEARANCES and REPRESENTATION (if any):

The applicant, Natalie Avery, attended at the hearing.  TS attended at the hearing by way of telephone.  Also attending at the hearing were Craig Brewer and Edel Hayes appearing for the Adult Guardian, Natalie Menyweather from Interact, SMF and friends of TS.

REASONS FOR DECISION

1. TS had been convicted of a series of offences, was incarcerated in a Correctional Centre and is eligible for parole.  A decision on the release date from the Correctional Centre had not been made as the post release accommodation arrangements for TS had not been approved.

2. Natalie Avery of Queensland Corrective Services lodged an application with the tribunal for the appointment of a guardian and administrator for TS.  Ms Avery expressed the concerns of Queensland Corrective Services that TS may require assistance with decision-making after her release from custody.  Ms Avery expressed concerns that TS’s current and previous informal supports may not have acted in her best interests and Ms Avery sought the appointment of the Adult Guardian and The Public Trustee of Queensland as decision-makers for TS.

3. Ms Avery stated that TS’s parole conditions will stipulate that she would not be permitted direct or indirect contact with her former partner and co-accused.  In an application for an interim appointment of a guardian and administrator, Ms Avery stated that TS wanted to arrange accommodation on release on a property belonging to a friend of her former partner.  It was stated that this person, who had assisted both TS and her former partner with their parole applications and who was now a friend, was assisting TS with her decision-making.

4. The tribunal made an interim appointment on 19 November 2010 of the Adult Guardian as guardian for TS for decisions about accommodation and service provision.  A hearing of the application for the appointment of decision-makers for TS took place on 17 February 2011.

5. According to the report of the Adult Guardian dated 14 February 2011, TS became eligible for parole in March 2010 and the Southern Regional Parole Board had approved her parole but no release date had been set as at the date of the report.  

6. The guardian had made a decision on 23 November 2010 that prevented TS from…