Health, Mental Health and Guardianship

This matter concerned application for interim orders, seeking emergency appointment as administrator and guardian for WXL in circumstances where her sister (WXY) had nominated herself for those roles.

This case concerned an application for review of the respondent’s decision directing the applicant, Ms Wilson, to attend an independent medical examination. The tribunal affirmed the respondent’s decision. There was no substantive discussion of human rights.

This case concerned an appeal by VSI, the son of VR, of various decisions of the tribunal by different members on different dates: as at [2]. These decisions were made under relevant provisions of the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld).

This matter concerned an application for an interim order for a guardian and administrator for TPO, brought by his daughter DTA, on the basis of alleged misconduct by WFA, TPO’s de facto partner and power of attorney.

The case concerned an appeal of a decision which included an application for notices to produce documents where they may be relevant to capacity, subsequent to the making of an enduring power of attorney appointing the respondent as attorney for the application.

This case concerned a review of the appointment of the Public Guardian for REN where his daughter (RAD) and nephew (SR) nominated themselves as prospective guardians. In making an order that RAD and SR be appointed as guardians, Member McDonald acknowledged the limitations on REN’s human rights, concluding they were both reasonable and necessary.

This matter concerned the sentencing of the defendant, an Afghanistan war-veteran who developed PTSD and other mental health issues after serving three tours of duty. The Court was concerned, after reading a psychologist’s sentencing report, about the failure of Queensland Corrective Services (QCS) to facilitate the defendant’s treatment and rehabilitation and uphold the defendant’s rights to access medical treatment.

This case concerned the application for an order of a reportable death under the Coroners Act 2003. The jurisdiction of the District Court derives from section 11A of the Coroners Act 2003 (Qld), which provides that a person who is dissatisfied with the State Coroner’s decision may apply for an order about whether it is a reportable death. The court did not engage in any substantive discussion regarding the Human Rights Act 2019; however, it was noted that the decision was found to be compatible with and to satisfy any operative provision of the Human Rights Act 2019.

This case concerned an application seeking appointment of the Public Guardian for approval of restrictive practice, containment and seclusion in a memory support unit for people who suffer dementia: at [3]. The Tribunal were satisfied that the decision to appoint the Public Guardian pursuant to s 12 of Guardianship and Administration Act 2000 (Qld) for the personal matter of giving consent was compatible with the human rights.

This case concerned an application for the appointment of the Public Guardian and Public Trustee of Queensland as guardian and administrator respectively, for a 90-year-old adult male (‘NHI’). NHI was diagnosed with dementia of mixed aetiology (amidst other health concerns), when admitted to hospital after being found on the floor in his remote residence, where he lives alone. The Tribunal briefly considered relevant human rights under the Human Rights Act 2019 (Qld), discussing that statutory provisions must be interpreted to the extent possible that is consistent with their purpose, and in a way compatible with human rights.