TPO [2022] QCAT 232

Date: 17 June 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Kanowski
Human Rights Act 2019 (Qld) Sections: ss 17, 19
Rights Considered: Freedom of movement; Right to protection from torture and cruel, inhuman or degrading treatment
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 12(1)(c), s 129(1); Power of Attorney Act 1998 (QLD) Chapter 1A
Keywords: Health law, Guardianship, Power of Attorney, Impaired Capacity, Administration of property of persons with impaired capacity.

This matter concerned an application for an interim order for a guardian and administrator for TPO, brought by his daughter DTA, on the basis of alleged misconduct by WFA, TPO’s de facto partner and power of attorney.

The Tribunal acknowledged that the making or not making of an interim order can affect an adult’s rights, particularly freedom of movement (s 19) and protection against degrading treatment if adequate care cannot be provided in alternate accommodation (s 17). There was no substantive discussion in relation to human rights.

The Tribunal was not satisfied there was an immediate risk of harm to TPO to justify an interim order, and thus dismissed DTA’s interim application.

Visit the judgment: TPO [2022] QCAT 232