VTA

[2023] QCAT 68

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

VTA [2023] QCAT 68

PARTIES:

In applications about matters concerning VTA

APPLICATION NO/S:

GAA915-23, GAA1573-23

MATTER TYPE:

Guardianship and administration matters for adults

DECISION DATE:

10 February 2023

REASONS DATE:

27 February 2023

HEARD AT:

Brisbane

DECISION OF:

Member Kanowski

ORDERS:

1.     The application by Wayne Crase for the appointment of a guardian for VTA under an interim order is dismissed.

2.     The application by Wayne Crase for the appointment of a guardian for restrictive practices for VTA under an interim order is dismissed.

3.     The application by VTA's mother for the appointment of a guardian for VTA under an interim order is dismissed.

4.     The application by VTA's mother for the appointment of a guardian for restrictive practices for VTA under an interim order is dismissed.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – GUARDIANSHIP AND SIMILAR APPOINTMENTS – GENERAL PRINCIPLES – where tension between family members and service provider about personal decisions and restrictive practices – whether independent guardian should be appointed on an interim basis – whether service provider is a relevant service provider

Disability Services Act 2006 (Qld), s 12, s 12A, s 140, s 178

Disability Services Regulation 2017 (Qld), r 12
Guardianship and Administration Act 2000 (Qld), s 5(d), s 12, s 80R, s 80ZD, s 80ZR, s 129(1)
Human Rights Act 2019 (Qld), s13, s 17, s 19

Statutory Instruments Act 1992 (Qld), s 37

NJ [2022] QCAT 283

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

Introduction

1. These applications relate to a woman who, for privacy reasons, will be referred to only as VTA. Similarly, to protect her privacy, her mother and brothers will not be referred to by name.

2. VTA is 49 years of age. Despite her relatively young age, VTA resides in an aged care facility operated by Blue Care. VTA has lived there since 2017.

3. Mr Wayne Crase is a regional general manager for aged care and community services in Blue Care. Mr Crase is one of the applicants.

4. On 12 January 2023, Mr Crase filed a Form 10 application (application for administration/guardianship appointment or review) in the tribunal. This has been treated by the tribunal’s registry as comprising:

   (a)an application for the appointment of a guardian; and

   (b)an application for the review of the appointment of an administrator.

5. Mr Crase proposes that the Public Guardian be appointed guardian, and that the Public Trustee of Queensland be appointed administrator instead of the current administrator, VTA's mother. Mr Crase’s applications for the appointment of a guardian and for the review of the appointment of an administrator are yet to be heard and determined.

6. On 12 January 2023, Mr Crase also filed an application for an interim order. He sought, in effect, the appointment of the Public Guardian as guardian and as guardian for a restrictive…