Date: 27 January 2022 
Tribunal: Queensland Civil and Administrative Tribunal 
Tribunal Member: Member Traves 
Human Rights Act 2019
(Qld) Sections: ss 9(4), 13, 31, 48 
Rights Considered: Right to a fair hearing 
Other Legislation: Guardianship and Administration Act 2000 (Qld) s 129, Schedule 4 
Keywords: Health, Mental Health, Guardianship; Public Law Considerations: Fair Trial

This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian as guardian for HE. The Tribunal accepted that it was subject to the Human Rights Act 2019 (Qld) and that appointing a guardian on an interim basis would interfere with a person’s human rights. In refusing the application, the Tribunal concluded that it was consistent with HE’s human rights to hold a hearing of the matter and provide HE the opportunity to be heard.

Visit the Judgment: HE [2022] QCAT 34