JL [2022] QCAT 408

Date: 14 December 2022
Tribunal: Queensland Civil and Administrative Tribunal
Member: Member Taylor
Human Rights Act 2019 (Qld) Sections: 13, 15, 20, 25, 29, 48.
Rights Considered: Right to recognition and equality before the law; Right to freedom of thought, conscience, religion and belief; Right to privacy and reputation; Right to liberty and security of person.
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 11, 11B, 12, 82(2), Sch 3-4; Powers of Attorney Act 1998 (Qld) ss 6C, 17, 31, 34, 43, 49, 50, 111, 116, 117, 188, Sch 2; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 63, 114A.
Keywords: Health, Mental Health, Guardianship.

This matter concerns an application by JL’s daughter, CL, to be appointed JL’s sole guardian and administrator. JL had previously appointed her son, AL, under Victorian legislation, and then subsequently appointed CL under Queensland legislation to act as her guardian “severally”. The Tribunal found that CL had been validly appointed to be JL’s sole guardian.

The Tribunal observed that statutory provisions must be interpreted in a way most compatible with human rights pursuant to s 48, and noted that guardianship and administration decisions limit adults’ right to recognition and equality under the law (s 15), right to freedom of thought (s 20), right to privacy and reputation (s 25), and right to liberty and security (s 29). The Tribunal held that such limitations on JL’s rights were justified in the circumstances pursuant to s 13 Human Rights Act 2019 (Qld), including because they would also result in improved independence and access to services. It also noted that where the adult's choice of attorney/guardian was willing and able to perform that duty, appointing a different person would not be reasonable and justifiable.

Visit the Judgment: JL [2022] QCAT 408