Date: 30 May 2023
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member McDonald
Human Rights Act 2019 (Qld) Sections: ss 13, 23, 24, 58
Rights Considered: Taking part in public life; Property rights
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss5, 11B, 12, 14, 15, 16, Schedule 4; Powers of Attorney Act 1998 (Qld), ss 22, 41, 47.
Keywords: Health, Mental Health, Guardianship

This matter concerned an application for the appointment of the applicant's son as her administrator as her appointed attorneys sought leave to resign. The Tribunal considered the applicant’s capacity to revoke the appointment and her capacity for financial decisions. In doing so, the Tribunal considered the medical evidence provided and found that it indicated that she did not have the capacity to revoke the appointment. The Tribunal also acknowledged that it had the decision-making capacity for financial matters. Similarly, the Tribunal considered the grounds for the appointment of an administrator to be made out pursuant to s 12 of the Guardianship and Administration Act 2000 (Qld): at [79]. The Tribunal considered that, under s 58 of the Human Rights Act 2019 (Qld), as it was acting as a public entity in making an appointment of an administrator under the Act, it, therefore, carried an obligation to make a decision compatible with human rights. It was acknowledged that the applicant’s property rights (section 24), and her right to privacy and reputation (section 25) pursuant to the Human Rights Act 2019 (Qld) were affected by the decision, however, as the limit on these rights was reasonable and justifiable, the decision was compatible with human rights.

Visit the judgement: KR [2023] QCAT 212