MXQ [2021] QCAT 381

Date: 25 October 2021
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Browne
Human Rights Act 2019 (Qld) Sections: ss 13, 15, 19, 25, 48
Rights Considered: Right to recognition and equality before the law; Freedom of movement; Right to privacy and reputation
Other Legislation: Acts Interpretation Act 1954 (Qld) s 14A; Guardianship and Administration Act 2000 (Qld) ss 6, 11A, 100, 111, 105, 107, 109, 110, 118(2)(a); Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 66
Keywords: Health, Guardianship; Privacy and Confidentiality

This application concerned the appointment of a guardian and administrator for MXQ, the making of a confidentiality order, and the making of orders limiting information sharing with particular individuals. These applications arose in the context of complex family matters including ongoing police engagement. In the circumstances, the Tribunal was satisfied that the confidentiality order was necessary to avoid injustice to MXQ. The Office of the Public Guardian was appointed as guardian for personal matters in respect of whom has contact or visits with MXQ and the Public Trustee of Queensland was appointed as administrator. The Tribunal considered the relevant human rights under Human Rights Act 2019 (Qld) and identified MXQ’s right to recognition and equality before the law (section 15), freedom of movement (section 19) and right to privacy and reputation (section 25) were limited by the making of the guardianship and administration order. The Tribunal held that the limits imposed on these rights were reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld).

Visit the judgment: MXQ [2021] QCAT 381