In applications about matters concerning SL [2022] QCAT 233

Date: 24 June 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Senior Member Guthrie
Human Rights Act 2019 (Qld) Sections: s 9, 13(2), 15, 24, 31, 48(3), 58
Rights Considered: Multiple Rights Considered
Other Legislation: Guardianship and Administration Act 2000 (QLD) ss 5, 6, 7, 11, 11B, 12, 14, 15, 16, 31, 33, 125, 130, 146, sch 2, sch 4; Power of Attorney Act 1998 (QLD) s 109A; Queensland Civil and Administrative Tribunal Act 2009 (QLD) s 164
Keywords: Public Trustee, Administrator, Human Rights

This matter concerned an application about a declaration of capacity seeking the removal the Public Trustee of Queensland as the administrator of SL, and the appointment of her sister DR as administrator. Submissions regarding the Human Rights Act 2019 (QLD) were made from both parties.

Senior Member Guthrie acknowledged that it is unlawful for a public entity to make a decision in way not compatible with human rights (s 58) and confirmed the Tribunal was a ‘public entity’ under section 9 of the Human Rights Act 2019 (QLD). Senior Member Guthrie further acknowledged that a decision to appoint and administrator for a person may affect a number of human rights, namely, a person’s recognition and equality before the law (s 15), property rights (s 24) and right to a fair hearing (s 31). Senior Member Guthrie also acknowledged that human rights may only be subject to reasonable limits that are demonstrably justified in a free and democratic society on human dignity, equality and freedom (s 13(2)).

Senior Member Guthrie found the presumption of capacity to be rebutted for SL for decisions related to financial matters [at 43].

The application was successful and DR was appointed as SL’s administrator.

Visit the judgment: In applications about matters concerning SL [2022] QCAT 233