WMJ [2021] QCAT 283

Date: 10 August 2021
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Traves
Human Rights Act 2019 (Qld) Sections: ss 13, 48
Rights Considered: N/A
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 12, 31, 106 and 107.
Keywords: Health, Mental Health and Guardianship; Public Law Considerations: Fair Trial

This case concerned a review of the guardianship and administration appointments for WMJ. The Tribunal applied the General Principles in section 11B(3) of the Guardianship and Administration Act 2000 (Qld), including, in particular, the principle that the adult is entitled to the same human rights and fundamental freedoms that apply to those with capacity. In making the decision to continue the guardianship and administration appointments for WMJ, the Tribunal noted that it had considered the Human Rights Act 2019 (Qld). The Tribunal acknowledged that while the continued guardianship and administration appointments limited WMJs human rights, this was reasonably justified due to the importance of protecting WMJ from serious harm, particularly in regards to WMJ’s accommodation and unmet care needs.

Visit the judgment: WMJ [2021] QCAT 283