WXL [2022] QCAT 383

Date: 16 November 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Lember
Human Rights Act 2019 (Qld) Sections: s 13, s 48
Rights Considered: Right to freedom of movement; Property rights; Right to privacy and reputation; Right to liberty and security of a person.
Other Legislation: Guardianship and Administration Act 2000 (Qld) s 5, s 11, s 11B, s 12, s 15, s 129, Schedule 4; Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32
Keywords: Health; Mental Health; Guardianship

This matter concerned application for interim orders, seeking emergency appointment as administrator and guardian for WXL in circumstances where her sister (WXY) had nominated herself for those roles.

The Tribunal referred to the right to freedom of movement (s 19), property rights (s 24) right to privacy and reputation (s 25), and right to liberty and security of person (s 29) under the Human Rights Act 2019 (Qld).

The Tribunal considered the human rights raised in the submissions and found them justifiably balanced in the circumstances but did not engage in any further substantive discussion.

Visit the judgment: WXL [2022] QCAT 383