TCN v Public Guardian & anor [2022] QCATA 158

Date: 18 October 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Senior Member Howard
Human Rights Act 2019 (Qld) Sections: s 25.
Rights Considered: Right to privacy and representation.
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 127, 130; Powers of Attorney Act 1998 (Qld) ss 41, 125; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 7, 100, 102, 107, 146, 147.
Keywords: Health, Mental Health, Guardianship

The case concerned an appeal of a decision which included an application for notices to produce documents where they may be relevant to capacity, subsequent to the making of an enduring power of attorney appointing the respondent as attorney for the application. The Member at first instance considered Dr Botha’s records were relevant and ‘in a different category’ but that, nevertheless, obtaining the records which would become publicly available would prima facie be a breach of her right to privacy protected under the Human Rights Act 2019 (Qld). The Tribunal determined it was sufficiently clear from the Tribunal’s reasons that it was satisfied that it had all the relevant information and material to properly consider and determine the applications before it without any substantive discussion of human rights issues.

Visit the judgment: TCN v Public Guardian & anor [2022] QCATA 158