Health, Mental Health and Guardianship

This case concerned applications for the removal of PL, PJ’s mother, as guardian and administrator of PJ, and the appointment of the Office of the Public Guardian and Public Trustee of Queensland. The Tribunal briefly considered the Human Rights Act 2019 (Qld) and was satisfied that the limits imposed by the guardianship order were reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld).

This case concerned an application for leave to appeal a Queensland Civil and Administrative Tribunal decision to change the terms of appointment of the Office of the Public Guardian for adult, LER. The Tribunal briefly mentioned the Human Rights Act 2019 (Qld) in making a non-publication order and granting an extension of time for leave to appeal.

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.

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.

The Tribunal heard an application for the Public Guardian to be appointed as guardian for DKM.

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.

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.

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.

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.

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’.