RFJ [2023] QCAT 69

Date: 27 February 2023
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Lember
Human Rights Act 2019 (Qld) Sections: ss 13, 19, 24, 25, 29, 48
Rights Considered: Freedom of movement; Property rights; Right to liberty and security of person
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 5, 7, 11, 11B, 12, 31; Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32
Keywords: Health, Mental Health, Guardianship

The case concerned an application for interim orders seeking urgent cessation of the Public Trustee of Queensland’s appointment as administrator for RFJ for all financial decisions except for day-to-day finances and Centrelink payments. In dismissing the application, the Tribunal acknowledged the ongoing appointment would limit RFJ’s right to freedom of movement (s 19), property rights (s 24), the right to privacy and reputation (s 25), and the right to liberty and security of person (s 29) but was satisfied the limits were reasonable and justified, particularly in the absence of urgent and compelling evidence to counter the initial appointment.

The case concerned applications made by DL (RFJ’s treating clinical psychologist) and CG (RFJ’s treating clinical psychiatrist) for interim orders seeking urgent cessation of the Public Trustee of Queensland’s appointment as administrator for RFJ for all financial decisions except for day-to-day finances and Centrelink payments. The appointment was made under the Guardianship and Administration Act 2000 (Qld) when RFJ was experiencing relationship breakdown and consequential complex financial and legal matters that exacerbated her mental health issues and impacted her capacity for informed decision-making.

DL and CG each sought the urgent interim orders on the basis that RFJ could manage her own affairs and that the ongoing involvement of the administrator was eroding her assets via fees, impacting her mental health and preventing her from purchasing a new home.

In deciding to refuse the orders, the Tribunal acknowledged that the ongoing appointment of an administrator for RFJ, against her changed views and wishes, would necessarily limit her human rights but concluded that the limitations were reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld). The Tribunal provided reasoning at [27]: “I am mindful that the Tribunal appointed an administrator for three years, on evidence that RFJ was incredibly vulnerable and suffering from an impaired decision-making capacity, after a hearing in which evidence was tested. On the limited and untested evidence before the Tribunal on an interim order application, those findings of impaired capacity, vulnerability, risk, and need, protected by the orders made should not easily be cast aside in the absence of urgent and compelling evidence to do so.”

Visit the judgment: RFJ [2023] QCAT 69