• ADU [2021] QCAT 70

    This matter concerned the replacement of ADU’s enduring power of attorney for personal and health matters with the appointment of the Office of the Public Guardian. The Human Rights Act 2019 (Qld) was discussed in relation to ADU’s right to freedom of expression, right to a fair hearing and the circumstances in which a human right may be limited.
  • BCC [2021] QCAT 123

    This matter concerned an application to appoint a guardian and administrator for BCC because of capacity and mental health concerns. The Tribunal noted that section 13(2)(d) of the Human Rights Act 2019 (Qld) was engaged when considering the need to appoint a decision-maker once the presumption of capacity had been rebutted.
  • DKM [2020] QCAT 443

    The Tribunal heard an application for the Public Guardian to be appointed as guardian for DKM.
  • DKM [2020] QCAT 441

    This case arose from an application for the Public Guardian to be appointed as guardian for DKM. During proceedings, the Tribunal initiated an application for a confidentiality order concerning a photograph of DKM.
  • DAMA v Public Guardian [2020] QCATA 161

    This case concerned an application for a stay of the operation of orders made by the Tribunal in relation to guardianship proceedings arising from a dispute between DAMA and DEA, the attorneys for DA. The Tribunal recognised that section 25 of the Human Rights Act 2019 (Qld) provides for the right not to have a person’s privacy unlawfully or arbitrarily interfered with, but noted that human rights may be subject to reasonable limitation.
  • CC [2020] QCAT 367

    This case concerned a review of the appointment of the Public Guardian and the Public Trustee as guardian and administrator respectively for CC in circumstances where his sister had nominated herself for those roles. In making an order that the Public Guardian and the Public Trustee continue in their roles for the next five years, Member Allen held that this was a reasonable limitation on CC’s human rights and there were no less restrictive means available.
  • HH [2021] QCAT 103

    This particular hearing concerned an application for an interim order seeking the appointment of the Public Guardian and Public Trustee of Queensland to manage HH’s personal and financial decisions, respectively. In its reasons, the Tribunal recognised that it was subject to the Human Rights Act 2019 (Qld). The Tribunal noted that such an appointment on an interim basis without a fair hearing is a serious incursion on a person’s human rights.
  • JF [2020] QCAT 419

    This case concerned an application for an interim order that the Public Trustee be appointed for all financial matters for JF. Member Traves recognised that the Tribunal was a public entity acting in an administrative capacity within the meaning of the Human Rights Act 2019 (Qld) and recognised the making of an interim order for guardianship was ‘a serious incursion on a person’s human rights’.
  • HFI [2020] QCAT 481

    This case concerned an application for a confidentiality order, protecting personal information that the Tribunal held pertaining to HFI. In making this confidentiality order, Member Goodman recognised that any infringement of HFI’s rights under the Human Rights Act 2019 (Qld) were reasonably justified in order to prevent serious harm to HFI.
  • FH [2020] QCAT 482

    This case concerned an application for the appointment of the Public Guardian to make decisions regarding legal matters for FH. Member Traves recognised that the Tribunal was a public entity acting in an administrative capacity within the meaning of the Human Rights Act 2019 (Qld) and was required to consider the Act when making such an order.

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