In an application about matters concerning LDR [2022] QCAT 274

Date: 19 July 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Kanowski
Human Rights Act 2019 (Qld) Sections: s 13, 19, 22(2), 24
Rights Considered: Freedom of movement; rights to peaceful assembly and freedom of association; property rights.
Other Legislation: Guardianship and Administration Act 2005 (Qld) s 5, 11(1), 11B, 12(1), 129(1), Schedule 2 s 2, 3(a); Powers of Attorney Act 1998 s 63(2)
Keywords: Health, Mental Health, Guardianship

This matter concerned an application filed by a hospital social worker for an interim appointment of a guardian and an administrator in respect of an elderly woman. The applicant did not refer to human rights. The Tribunal noted that the decision to appoint an interim substitute decision-maker limits an adult’s human rights depending on the area of appointment, such as freedom of movement (s 19), property rights (s 24), freedom of association (s 22(2)) and freedom to deal with one’s property. However, the Tribunal did not engage in any further substantive discussion and was satisfied that the limitation was demonstrably justified according to the factors set out in s 13(2) Human Rights Act 2019 (Qld). Interim administrator was appointed.

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