REN [2022] QCAT 313

Date: 23 August 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member McDonald
Human Rights Act 2019 (Qld) Sections: ss 13, 19, 37, 58
Rights Considered: Freedom of movement; Right to health services
Other Legislation: Guardianship and Administration Act 2000 (Qld), s 11, s 11B, s 15, s 16, s 31
Keywords: Health, Mental Health, Guardianship

This case concerned a review of the appointment of the Public Guardian for REN where his daughter (RAD) and nephew (SR) nominated themselves as prospective guardians. In making an order that RAD and SR be appointed as guardians, Member McDonald acknowledged the limitations on REN’s human rights, concluding they were both reasonable and necessary.

This case concerned a review of the appointment of a public guardian for REN made on 31 January 2020, for decisions about accommodation, health and service decisions. REN’s daughter, RAD expressed a desire to be appointed as guardian for REN at the hearing but had not lodged an application. The hearing was adjourned to ensure that all active interested parties had notice of RAD’s desired appointment. The Tribunal was satisfied that the medical evidence indicated REN’s diagnosis of dementia impairs their capacity for personal decision making.

Member McDonald recognised that the Tribunal was subject to the Human Rights Act 2019 (Qld) and that REN’s right to freedom of movement (section 19), and their right to health services (section 37) under this act may be limited by the appointment of a guardian. However, the member considered section 13 of the Human Rights Act 2019 (Qld), concluding that the limitations to these rights posed by the appointment is both reasonable and justifiable. The Tribunal therefore ordered that SR and RAD be appointed jointly and severally as guardians for REN for the personal matters of accommodation and healthcare.

Visit the judgment: REN [2022] QCAT 313