MTD [2022] QCAT 89

Date: 21 March 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Browne
Human Rights Act 2019 (Qld) Sections: ss 13, 19, 25, 48
Rights Considered: Freedom of movement; Right to privacy and reputation
Other Legislation: Guardianship and Administration Act 2000 (Qld) s 129(1)(b)
Keywords: Health, Mental Health, Guardianship

This matter concerned an application to appoint a guardian and administrator for MTD under an interim order because of capacity concerns. The Tribunal found that limits on MTD’s freedom of movement (section 19) and right to privacy and reputation (section 25) that would result from an interim order, were not reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld).

The Tribunal was required to consider whether it would be reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld) to appoint a guardian and administrator for MTD. MTD had a diagnosis of Alzheimer’s dementia, however, there was no medical evidence submitted to the Tribunal regarding MTD’s lack of capacity and there was no evidence of an immediate risk of harm to his health, welfare or property: at [10]-[11].

The Tribunal recognised that when deciding whether to grant an interim order, it was required to consider the impact on the adult's autonomy and human rights: at [3]. It must also interpret statutory provisions ‘to the extent possible that is consistent with their purpose in a way that is compatible with human rights’ under section 48 of the Human Rights Act 2019 (Qld): at [13]. The Tribunal considered that MTD’s rights to freedom of movement (section 19), and right to privacy and reputation (section 25) may have been limited by the making of an order: at [13]. The Tribunal determined that the limits imposed by an interim order were not reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld): at [13]. The application for the appointment of a guardian and administrator under an interim order was refused.

Visit the judgment: MTD [2022] QCAT 89