MTC [2022] QCAT 432

Date: 21 December 2022
Tribunal: Queensland Civil and Administrative Tribunal
Member: Member Kanowski
Human Rights Act 2019 (Qld) Sections: 13, 24, 26, 27
Rights Considered: Property rights; Right to protection of families and children; Cultural rights.
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 11(1), 11(B), 12, 31, 54(1) 81(1)(d)(i).
Keywords: Health, Mental Health, Guardianship

This matter concerned multiple issues arising out of a guardianship application for MTC. MTC’s children SNB, SNE and DTA sought to replace the Public Trustee as MTC’s guardian and administrator, subject to a loan dispute with MTC’s other child, SND, being resolved. The Tribunal recognised that the appointment of an ongoing administrator would impact MTC’s property rights under section 24 Human Rights Act 2019 (Qld), noting that although the appointment of administrator does not deprive an adult of their ownership of property, it does remove their control over the property.

The Tribunal also considered whether other rights under the Human Rights Act 2019 (Qld) might affected (ss 26 and 27), but did not consider any such rights to be engaged. Having satisfied itself that MTC needed an administrator due to health issues, the Tribunal found limiting MTC’s property rights were justified in the circumstances. The Tribunal resolved the outstanding contentious issue regarding a loan sought by SND, and appointed MTC’s other children, SNB, SNE and DTA, to replace the Public Trustee as administrator subject to review in 5-years and the filing of accounts intermittently.

Visit the judgment: MTC [2022] QCAT 432