ADW [2021] QCAT 453

Date: 2 September 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Kanowski
Human Rights Act 2019 (Qld) Sections: s 13(1)
Rights Considered: N/A
Other Legislation: Guardianship and Administration Act 2000 (Qld) s 129
Keywords: Health, Mental Health, Guardianship

This matter concerned an interim order application for the appointment of a guardian and an administrator. The Tribunal referred generally to the imperative under section 13(1) of the Human Rights Act 2019 (Qld) to not restrict rights and freedoms except where that is demonstrably justified. It was subsequently noted that appointing a guardian and administrator on an interim basis is a serious step and that such rights should only be infringed where there is an immediate risk of harm of sufficient magnitude. The Tribunal did not engage in any further substantive discussion of the Human Rights Act 2019 (Qld).

Visit the judgement: ADW [2021] QCAT 453