KAN [2022] QCAT 168

Date: 11 May 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Allen
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 11B, 12, 14, 15, 34 and 35
Keywords: Health, Guardianship

This matter concerned an application for the appointment of a guardian and administrator for KAN. KAN had acquired significant disabilities at birth due to hospital negligence and a $5,000,000 compromise settlement of his medical negligence claim had been held and managed by a court-appointed trustee while he was a minor. The Tribunal considered the profound nature of KAN’s disabilities warranted the appointment of the Office of the Public Guardian for personal matters regarding accommodation, contact, healthcare and the provision of services (including National Disability Insurance Scheme) and for the court-appointed trustee to continue as administrator for all financial matters to ensure his rights and freedoms were protected. In making the order, the Tribunal held there to be no less restrictive means available and noted that the Human Rights Act 2019 (Qld) was not otherwise canvassed at the hearing.

Visit the judgment: KAN [2022] QCAT 168