CC [2020] QCAT 367

Date: 18 September 2020
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Allen
HRA Sections: ss 13, 19, 24, 25, 37
Rights Considered: Freedom of movement; Right to health services; Property rights
Other Legislation: Guardianship and Administration Act 2000 (Qld), ss 12, 15, 31
Keywords: Health, Mental Health, Guardianship 

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 case concerned a review of the appointment of the Public Guardian and the Public Trustee as guardian and administrator respectively for CC. CC’s sister, LMP, nominated herself for these roles, but this was not supported by the Public Guardian, the Public Trustee or other family members of CC and LMP. The Tribunal was satisfied that the medical evidence indicated that CC’s intellectual disability and diagnosis of schizophrenia impaired his capacity to make decisions with respect to personal and financial matters.

Member Allen recognised that the Tribunal was subject to the Human Rights Act 2019 (Qld) and that any limitation placed on CC’s human rights, such as ‘his right to make accommodation and health care decisions or property rights’ may be subject only to reasonable limitations, ‘having regard to the purpose of the limitation and whether there are any less restrictive ways of achieving the purpose’ (citations omitted): at [5]. The relevant rights under the Human Rights Act 2019 (Qld) cited by Member Allen were freedom of movement (section 19), right to health services (section 37) and property rights (section 24).

On the evidence provided by all parties and other support workers for CC, Member Allen noted that LMP had ‘alienated service providers, supports coordinators (putting CC’s supports at risk) and also his real estate agent (putting his accommodation at risk)’ by using ‘tactics of making malicious complaints and sending large numbers of emails’: at [33]. As such, Member Allen considered the Public Guardian and the Public Trustee to be more appropriate as guardian and administrator for CC and made a five-year order in these terms. In making this order, Member Allen stated that there was ‘no less restrictive way of dealing with the matter’ and that the appointment of a guardian and an administrator was ‘a reasonable limitation having regard to the Human Rights Act 2019’: at [33] and [37].

Visit the reported judgement: https://www.queenslandjudgments.com.au/caselaw/qcat/2020/367/pdf