GEM[2016] QCAT 123

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. [1]
   GEM is 21 years of age.  She has an intellectual impairment.  She currently lives with her mother in a regional city.  Her mother wants to proceed with arrangements so GEM can begin the transition into independent adult supported living. 
2. [2]
   GA has applied to QCAT to be appointed as a guardian and administrator for her daughter. According to the information in her application to the Tribunal, GEM is applying to live in a house operated by Disability Services and owned by the Department of Housing.  GA stated that she has been informed by Disability Services that she needs to be appointed the administrator for her daughter as she will not be able to open bank accounts for her daughter unless she has been appointed her administrator and that the Department of Housing will require an administrator before a lease can be signed.   
3. [3]
   GEM further stated in her application that arrangements for personal decision-making are working well but that government agencies and companies are asking for an appointed guardian to sign their documentation.   
4. [4]
   QCAT can make appointments of administrators and guardians under the Guardianship and Administration Act 2000 (Qld) (the Act) if satisfied that the adult in question has impaired decision making capacity, that there are decisions that need to be made and in the absence of an appointment, that the decision making needs of the adult will not be adequately met.^[1]  Appointments are made after a hearing by the Tribunal, which usually takes place some three, or four months after the application is received by the Tribunal.
5. [5]
   GA also applied for an interim order appointing her as a decision-maker for financial and accommodation decisions.  QCAT can make an appointment of a decision maker on an interim basis for up to three months under s 129(1) of the Act without holding a hearing.  Before an interim order can be made, the Tribunal must be satisfied, on reasonable grounds, that there is an immediate risk of harm to the welfare or property of the adult concerned because of the risk of abuse, exploitation or neglect of the adult. 
6. [6]
   GA did not set out any information in her application that her daughter was at an immediate risk of harm.  To the contrary, she confirmed in the application for appointment of a guardian and administrator completed by her that there was no immediate risk to her daughter.
7. [7]
   The evidence before the Tribunal was that the interim appointments were sought so that GA could proceed with the process to begin transition of her daughter to supported accommodation. There was no evidence that the transition would be frustrated or would have to be abandoned if an interim order were not to be made and that would in turn result in a reasonable risk of harm to GEM’s welfare.  At best the evidence suggested that it would be more convenient to start the transition before the hearing of the substantive applications for appointment of decision-makers for GEM.  That is not a basis for an interim order under s 129 of the Act.
8. [8]
   The application for an interim order had to be dismissed as the basis for making such an order was not established by the applicant.