Health, Mental Health and Guardianship

This matter concerned a review of the appointment of the Public Guardian and the Public Trustee of Queensland as Guardian and Administrator respectively for MGT, in circumstances where the Public Guardian had made the accommodation decision to remove MGT from his mother’s (BC) place of residence. The Human Rights Act 2019 (Qld) was mentioned in acknowledging that certain fundamental human rights exist, irrespective of capacity.

This case arose under an application for the Public Guardian and the Public Trustee of Queensland to be appointed as Guardian and Administrator respectively for the adult. The Tribunal noted in its reasoning that the case was subject to the Human Rights Act 2019 (Qld), and that appointment of guardians and administrators impose limitations on human rights.

This case concerned several applications by IHC’s sons SHM and BHJ to be appointed as Guardian, Administrator and Enduring power of attorney. Member Casey ordered that the Public Guardian be appointed as guardian for IHC regarding accommodation and healthcare, and the Public Trustee appointed as administrator for all financial matters. In doing so, Member Casey held that this was a reasonable limitation on IHC’s human rights.

This case considered whether consent should be given for a 21 year old female with impaired capacity to undergo a sterilisation procedure. The Tribunal referred to the adult’s right to not be subjected to medical treatment without full, free and informed consent (section 17(c)) and their right to access health services without discrimination (section 37(1)) under the Human Rights Act 2019 (Qld).

This matter concerned a woman with an intellectual disability on behalf of whom consent was sought for a hysterectomy to mitigate an increased risk of cancer. In having regard to her right to recognition before the law, freedom of movement and privacy, and protection from inhuman or degrading treatment, the Tribunal found that limits were reasonable and justified in consenting to the hysterectomy.

This case concerned a review of the appointment of the Public Trustee of Queensland pursuant to s 31 of the Guardianship and Administration Act 2000 (Qld).

The case concerned an application for an interim order for the appointment of the applicant as guardian and administrator for her mother, DP. The Human Rights Act 2019 (Qld) was mentioned in relation to the Tribunal being a public entity acting in an administrative capacity, and thus its obligation to make decisions in a way that is compatible with human rights.

This matter concerned an appeal by the Attorney-General against a decision of the Mental Health Review Tribunal to remove a condition from the respondent’s forensic order (community category) that prevented him from having unsupervised contact with children. In making its decision to confirm the decision and dismiss the appeal, the Court considered section 20 (right to protection of families and children) and section 28 (cultural rights of Aboriginal and Torres Strait Islander peoples) of the Human Rights Act 2019 (Qld).

This matter concerned applications for the appointment of the Public Guardian as guardian for legal matters pertaining to AS and for a declaration of capacity about AS. In its reasons, the Tribunal considered AS’s rights to recognition as a person before the law entitled to equal protection without discrimination, freedom of movement and privacy under the Human Rights Act 2019 (Qld) and found that the limits imposed by the appointment of the Public Guardian as guardian for legal matters were ‘reasonable and justified in accordance with s 13’: at [10].

This case concerned a review of the appointment of RM as Guardian for AM for legal matters. AM’s mother, FK, applied for a review of this appointment.