ZDA [2022] QCAT 167

Date: 9 May 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Acting Senior Member Kanowski
Human Rights Act 2019 (Qld) Sections: ss 13, 19, 24
Rights Considered: Freedom of movement, property rights
Other Legislation: Guardianship and Administration At 2000 (Qld) ss 5(a), 11(1), 129(1)
Keywords: Health, Mental Health, Guardianship

ZDA was a 92-year-old hospital inpatient. Her nephew and a solicitor applied for interim appointment as her guardian and administrator respectively. In dismissing their application, Member Kanowski acknowledged ZDA’s right to the freedom to choose where to live (section 19) and their property rights (in restricting their control of their property) (section 24): at [16]. In acknowledging section 13 of the Human Rights Act 2019 (Qld), that human rights may only be limited in particular circumstances, the Tribunal acknowledged that the decision to restrict such rights should not be made on the basis of mere convenience but rather, the existence of an immediate risk of harm to ZDA’s health, welfare or property. In concluding that no such immediate risk of harm existed that would justify interim appointments, the Tribunal dismissed the applications.

Visit the judgment: ZDA [2022] QCAT 167