Date: 4 November 2020
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Traves
HRA Sections: s 9(4)
Rights Considered: N/A
Other Legislation: Guardianship and Administration Act 2000 (Qld), ss 12, 129
Keywords: Health, Mental Health, Guardianship

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’.

This case concerned an application made by DS, a social worker at the Gold Coast Hospital and Health Service, for an order that the Public Guardian and the Public Trustee be appointed as guardian and administrator for JF, respectively. DS also sought an interim order that the Public Trustee be appointed for all financial matters for JF, which was the subject of this decision. At the time of the Hearing, JF was an inpatient in the Acute Care of the Elderly Ward at Robina Hospital, having suffered widespread cognitive impairment from long-standing alcohol issues. The specific reasons for the application for the interim order included concerns that JF’s lost bank cards may be compromised and a dispute with his landlady.

Member Traves dismissed the application for an interim order, on the basis that the evidence did not satisfy ‘that JF’s health, welfare or property… [was] at immediate risk of harm’: at [11].  Member Traves recognised the Tribunal as being ‘subject to the HRA Human Rights Act 2019 (Qld) when it makes a decision to appoint an administrator or guardian under the Act, being, in the course of making that decision, a “public entity” acting in an “administrative capacity”’: at [14]. Member Traves recognised that the ‘appointment of an administrator on an interim basis is a serious incursion on a person’s human rights’: at [14]. The member further noted that providing ‘an administrator with unlimited powers is a serious step to take because it transfers complete and exclusive control of a person’s estate’ and applying for an interim order does not require the adult in question to be notified of the hearing, provided with the opportunity to be heard or given a fair hearing: at [14]. The application was ultimately dismissed.

Visit the judgement: JF [2020] QCAT 419