AS [2022] QCAT 148

Date: 26 April 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Browne
Human Rights Act 2019 (Qld) Sections: ss 13, 19, 25, 48
Rights Considered: Right to recognition and equality before the law; Freedom of movement; Right to privacy and reputation
Other Legislation: Acts Interpretation Act 1954 (Qld), s 14A; Guardianship and Administration Act 2000 (Qld),ss 6, 11A, 100, 111, 105, 108, 109, 110, 118(2)(a); Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66
Keywords: Health, Mental Health, Guardianship

This matter concerned applications for the appointment of the Public Guardian as guardian for legal matters pertaining to AS and for a declaration of capacity about AS. In its reasons, the Tribunal considered AS’s rights to recognition as a person before the law entitled to equal protection without discrimination, freedom of movement and privacy under the Human Rights Act 2019 (Qld) and found that the limits imposed by the appointment of the Public Guardian as guardian for legal matters were ‘reasonable and justified in accordance with s 13’: at [10].

Visit the judgment: AS [2022] QCAT 148