DP [2021] QCAT 271

Date: 7 July 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Traves
Human Rights Act 2019 (Qld) Sections: s9(4)
Rights Considered: N/A
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 12, 118, 129
Keywords: Health, Mental Health, Guardianship

The case concerned an application for an interim order for the appointment of the applicant as guardian and administrator for her mother, DP. The Human Rights Act 2019 (Qld) was mentioned in relation to the Tribunal being a public entity acting in an administrative capacity, and thus its obligation to make decisions in a way that is compatible with human rights.

The applicant sought to apply to the Tribunal to be appointed guardian and administrator of her mother, DP; at [1]. She submitted to the Tribunal that she seeks this in order to make certain financial decisions for her mother as she is not able to make those decisions herself.

The Human Rights Act 2019 (Qld) was mentioned in regard to the Tribunal acknowledging they are subject to its provisions when making a decision to appoint an administrator or guardian as it is a public entity acting in an administrative capacity; at [11]. The Tribunal also considered the effect the appointment of a guardian would have upon DP and their personal autonomy and saw a decision to refuse the appointment of an administrator and guardian would be compatible with DP’s human rights; at [13].

In making its decision, the Tribunal considered a medical report regarding DP’s advanced dementia, the current risk of harm to her health, welfare and property and potential financial abuse by DP; at [8] - [10]. The Tribunal refused the application, noting that there was no immediate risk of harm to DP, and no interim order was granted.

Visit the judgment: DP [2021] QCAT 271