EMC v MMH & Ors [2022] QCATA 139

Date: 30 August 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Acting Senior Member Fitzpatrick
Human Rights Act 2019 (Qld) Sections: ss 5(2)(a), 31
Rights Considered: Right to a fair hearing
Other Legislation: Queensland Civil and Administration Act 2009 (Qld), s 58
Keywords: Health, Mental Health, Guardianship

This matter concerned an application for leave to appeal and an application to stay a decision made by the Tribunal regarding EMC’s removal as an Enduring Power of Attorney for ECJ. The Appeal Tribunal dismissed the application to stay a decision. The Appeal Tribunal considered that in the context of exercising judicial power, EMC was accorded a fair hearing compatible with his human right to a fair hearing under s5(2)(a) of the Human Rights Act 2019 (Qld). The Tribunal did not undertake further discussion of the Human Rights Act 2019 (Qld).

Visit the judgment: EMC v MMH & Ors [2022] QCATA 139