BLK [2022] QCAT 222

Date: 9 June 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Kanowski
Human Rights Act 2019 (Qld) Sections: ss 17, 19
Rights Considered: Right to protection from torture and cruel, inhuman or degrading treatment, right to movement
Other Legislation: Guardianship and Administration Act 2000 (Qld), ss 5, 129; Powers of Attorney Act 1998 (Qld), s 6C
Keywords: Health, Mental Health, Guardianship

This matter concerned an interim order application for the appointment of a guardian. The Tribunal noted that a successful interim application would frequently affect the adult’s rights under the Human Rights Act 2019 (Qld), such as their right to freedom of movement (section 19). The Tribunal also considered that the appointment of an interim guardian might enhance the adult’s rights, including by promoting the right to protection from degrading treatment (section 17). The Tribunal concluded that they were not able to make a well-informed assessment as to whether it was necessary to appoint a guardian until the substantive application could be heard. The Tribunal concluded that there was not sufficient risk of harm, and the interim application was dismissed.

Visit the judgment: BLK [2022] QCAT 222