YWX - [2025] QCAT 14 | CaseChat AU

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

YWX [2025] QCAT 14

PARTIES:

In an application about a matter concerning YWX

APPLICATION NO/S:

GAA3429-24; GAA3430-24; GAA3482-24

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

7 January 2025

HEARING DATE:

4 December 2024

HEARD AT:

Brisbane and via teleconference

DECISION OF:

Member Casey

DECISION:

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 XTN and XTB:

(a)   H001 – Application for an interim order filed 27 March 2024;

(b) H002 – Application for miscellaneous matters filed 27 March 2024;

(c)   H003 – Application for appointment of a guardian and administrator filed 27 March 2024;

(d) H011 – Notice of hearing dated 20 November 2024; and

(e)   MED001 – Clinical report dated 22 March 2024.

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 & REPRESENTATIONS:

YWX, the adult, in person

Two (2) representatives from an advocacy organisation, in person

Two (2) service providers for the adult, by phone

XTN, parent of the adult, by phone

XTB, former partner of XTN, by phone

A delegate of the Office of the Public Guardian, by telephone

REASONS FOR DECISION
Introduction

YWX (the adult) is 29 years of age and resides with XTN, his parent, and XTB, the former partner of his parent. The adult is the aggrieved person in a domestic violence protection order made on 27 February 2024 in which the parent of the adult is the respondent. The domestic violence protection order states that the respondent must be of good behaviour and not commit domestic violence against the aggrieved. Unless otherwise ordered, the order is to continue in force until 27 February 2029.
On 26 March 2024 the Tribunal received an application for an interim order along with applications for the appointment of a guardian and administrator for the adult. On the same day, the Tribunal received an application for a confidentiality order over documentation and information received in relation to the applications.
On 28 March 2024 the Tribunal dismissed the application for an interim order and made a pre-hearing confidentiality order under section 110(1) of the Guardianship and Administration Act 2000 (Qld) (‘GAA’) wherein the documents filed in the proceeding were not to be disclosed by the Tribunal’s registry to the adult and that the identity of the applicant was not to be disclosed to XTN and XTB. The Tribunal directed that the applications were to be listed for an oral hearing on a date to be fixed and that the pre-hearing confidentiality order was to 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.

Continue reading YWX

Details

AGLC: YWX [2025] QCAT 14
Case: [2025] QCAT 14
Decision Date: 7 January 2025

CaseChat Overview and Summary

The case involved a dispute concerning the guardianship and management of the property of a person with impaired capacity, YWX. The matter was heard by the Queensland Civil and Administrative Tribunal (QCAT) which was tasked with deciding whether a confidentiality order previously made should be upheld or vacated. The primary issue before the tribunal was whether a confidentiality order, which had been put in place prior to the hearing, was necessary and justifiable given the rights of YWX to privacy and recognition as a person before the law. The tribunal had to consider the criteria set out in the Guardianship and Administration Act 2000 (Qld) and ensure that any limits imposed by the confidentiality order were reasonable and necessary in accordance with the Human Rights Act 2019 (Qld).

The tribunal found that YWX’s rights to privacy and equal protection could indeed be impacted by the confidentiality order. However, after carefully weighing these considerations against the criteria in the Guardianship and Administration Act, the tribunal determined that the limitations imposed by the confidentiality order were reasonable and justified. The tribunal concluded that the order was the least restrictive means of protecting YWX’s interests, given the information available at the time. As a result, the tribunal upheld the confidentiality order, specifying that certain documents related to the case were to remain confidential and not disclosed to particular parties.

In summary, the tribunal’s decision balanced the rights of YWX with the need for confidentiality in the management of their property. The tribunal concluded that maintaining the confidentiality order was necessary to protect YWX’s rights while also ensuring that the order was the least restrictive means of achieving this protection. The tribunal ordered that specific documents were to remain confidential and that these reasons be communicated to relevant parties within the required timeframe.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

YWX’s rights to privacy[7] and recognition as a person before the law entitled to equal protection without discrimination[8] may be 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. [7]HRA, s 25.[8]HRA, s 15.Conclusion Accordingly, the Tribunal orders that pursuant to section 109 of the GAA the following documents are confidential and must not be disclosed to XTN and XTB:(a)H001 – Application for an interim order filed 27 March 2024;(b)H002 – Application for miscellaneous matters filed 27 March 2024;(c)H003 – Application for appointment of a guardian and administrator filed 27 March 2024;(d)H011 – Notice of hearing dated 20 November 2024; and(e)MED001 – Clinical report dated 22 March 2024. As required under section 113 of the GAA, a copy of these reasons for the Tribunal’s decision to make the limitation order must be given to the adult, each active party and entity heard in relation to the order and the Public Advocate within forty-five (45) days of the decision.

Ratio Decidendi

Legal Principle Established

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CITATION:	YWX [2025] QCAT 14
PARTIES:	In an application about a matter concerning YWX
APPLICATION NO/S:	GAA3429-24; GAA3430-24; GAA3482-24
MATTER TYPE:	Guardianship and administration matters for adults
DELIVERED ON:	7 January 2025
HEARING DATE:	4 December 2024
HEARD AT:	Brisbane and via teleconference
DECISION OF:	Member Casey
DECISION:	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 XTN and XTB: (a) H001 – Application for an interim order filed 27 March 2024; (b) H002 – Application for miscellaneous matters filed 27 March 2024; (c) H003 – Application for appointment of a guardian and administrator filed 27 March 2024; (d) H011 – Notice of hearing dated 20 November 2024; and (e) MED001 – Clinical report dated 22 March 2024.
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 & REPRESENTATIONS:	YWX, the adult, in person Two (2) representatives from an advocacy organisation, in person Two (2) service providers for the adult, by phone XTN, parent of the adult, by phone XTB, former partner of XTN, by phone A delegate of the Office of the Public Guardian, by telephone