VSI v The Public Guardian & Ors [2023] QCATA 25

Date: 1 February 2023
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Senior Member Guthrie (presiding); Member Kanowski
Human Rights Act 2019 (Qld) Sections: ss 19
Rights Considered: Freedom of movement
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 12, 31; Powers of Attorney Act 1998 (Qld) ss 41, 62, 63; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 63, 142
Keywords: Health, Mental Health, Guardianship

This case concerned an appeal by VSI, the son of VR, of various decisions of the tribunal by different members on different dates: as at [2]. These decisions were made under relevant provisions of the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld). In particular, VSI submitted that the appointment of the Public Guardian was in breach of s 19 of the Human Rights Act 2019 (Qld) which recognises a person’s right to choose where to live: as at [105]. At the time of the original decision, the Human Rights Act 2019 (Qld) had not commenced operation, and as such, the learned member had not erred in failing to apply it: as at [107]. Member Guthrie recognised that the Tribunal was subject to the Human Rights Act 2019 (Qld). He noted, however, that under section 13 of the Human Rights Act 2019 (Qld), that the rights can legitimately be limited in some circumstances: as at [124]. The member considered that, as the learned member considered it necessary for a Public Guardian to be appointed in VR’s case as the learned member was mindful of the importance of maintaining VR’s relationship with VSI. As such, Member Guthrie concluded that the right to choose where to live was legitimately limited in the circumstances: as at [124]. The Tribunal did not engage in any further substantive discussion with respect to human rights.

Visit the judgment: VSI v The Public Guardian & Ors [2023] QCATA 25