SL [2022] QCAT 233

Title: SL [2022] QCAT 233
Date: June 24, 2022
Court or Tribunal: Queensland Civil and Administrative Tribunal
Decision Maker: Senior Member Guthrie
HRA Sections: 9; 13; 15; 24; 31; 48; 58
Rights Considered: Right to recognition and equality before the law; Property rights; Right to a fair hearing
Other Legislation: Guardianship and Administration Act 2000 (Qld); Power of Attorney Act 1998 (Qld); Queensland Civil and Administrative Tribunal Act 2009 (Qld)
Keywords: Guardianship
Summary: TO EDIT

This matter concerned an application about a declaration of capacity seeking the removal the Public Trustee of Queensland as the administrator of SL, and the appointment of her sister DR as administrator. The tribunal found that any limits to SL's human rights were reasonable and justifiable.

The tribunal found that the limit to SL's property rights (under s 24), were done so in the least restrictive way as they do not remove her ownership to her property and she is not deprived of or loses the benefit of those assets to meet her own needs. Otherwise the tribunal found that SL would give away funds and make financial decisions she would not understand. The tribunal also found that the tribunal is a 'public entity', as defined in s 9 of the Human Rights Act 2019 (Qld), acting in an administrative capacity.
Visit the judgement: https://www.queenslandjudgments.com.au/caselaw/qcat/2022/233/pdf