LDR [2022] QCAT 274

Date: 16 July 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Kanowski
Human Rights Act 2019 (Qld) Sections: ss 13, 19, 22(2), 24
Rights Considered: Right to a fair hearing
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 5, 11(1), 11B, 12(1), 129(1), Schedule 2 s2, s 3(a); Power of Attorney Act 1998 (QLD) s 63(2)
Keywords: Health, Mental Health, Guardianship

This matter concerned three applications brought by a hospital social worker regarding LDR for the appointment of a guardian; for the appointment of an administrator; for an interim order for appointment of a guardian and an administrator until the substantive applications have been decided.

Member Kanowski dismissed the application for the interim appointment of a guardian, but appointed the Public Trustee of Queensland as an interim administrator.

Member Kanowski acknowledged that an appointment of an interim substitute decision maker limits an adult’s human rights, in particular: the right for LDR to make accommodation choices and the freedom to choose where to live (s 19); freedom of association (s 22(2)); property rights (s 24). Member Kanowski noted that limitations of human rights are allowed subject to s 13(2) of the Human Rights Act. It was held the risk posed to LDR without the imposition of an administrator outweighed the limitations on her human rights.

Visit the judgment: LDR [2022] QCAT 274