Health, Mental Health and Guardianship

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.

The Tribunal appointed the Public Guardian and the Public Trustee as guardian and administrator respectively for CTR, in circumstances where it was accepted that the limits imposed by this order were reasonable and demonstrably justified in accordance with s 13 of the Human Rights Act 2019 (Qld) on CTR’s right to privacy (section 25), freedom of movement (section 19) and property rights (section 24).

This matter concerned an application for leave to appeal and an application to stay a decision made by the Tribunal regarding EMC’s removal as an Enduring Power of Attorney for ECJ.

This matter concerned an interim order application for the appointment of a guardian. The Tribunal noted that a successful interim application would frequently affect the adult’s rights under the Human Rights Act 2019 (Qld), such as their right to freedom of movement (section 19).

This case concerned an application to the Tribunal, seeking authorisation to share information about former guardianship proceedings concerning BJ with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and a News Media company.

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.