DKM [2020] QCAT 441
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Title
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DKM [2020] QCAT 441
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Date
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October 21, 2020
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Summary
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This case arose from an application, made by the director of the non-governmental organisation providing nursing care to DKM, for the Public Guardian to be appointed as guardian for DKM. DKM was 79 years of age and was living with and being cared for by her daughter, HDR. DKM also received in-home care from a non-governmental organisation.
In this hearing, the Tribunal was required to consider an application for a confidentiality order concerning a photograph identified as ‘H15’. The photograph was part of evidence relevant to DKM’s health care considerations. DKM had not submitted H15 and the Tribunal did not know whether DKM had consented to the photograph being taken or filed with the Tribunal: at [16].
The Tribunal noted that section 48 of the Human Rights Act 2019 (Qld) required it to interpret statutory provisions in a manner compatible with human rights when making a confidentiality order: at [17]. The Tribunal considered that the right to privacy under section 25(a) of the Human Rights Act 2019 (Qld) was relevant to this decision, ‘in so far as the adult’s right being arbitrarily interfered with’: at [18]. The Tribunal determined that H15 did not provide any additional information that would inform the Tribunal’s decision: at [18]. The Tribunal considered the public nature of Tribunal files and the ‘significant psychological distress’ it could cause DKM if active parties or members of the public accessed H15: at [19].
It was held that the sensitive nature of the photograph required a confidentiality order be made to avoid serious harm to DKM: at [20]. The Tribunal determined that DKM’s right to privacy had been ‘engaged but not limited by the making of the confidentiality order’: at [22].
