GJD

[2010] QCAT 524

CITATION: GJD [2010] QCAT 524

PARTIES:	GJD
APPLICATION NUMBER:	GAA1018-10

MATTER TYPE: Guardianship and administration matters

HEARING DATE:     22 October 2010

HEARD AT:  Brisbane

DECISION OF: M Howard, Member

DELIVERED ON: 22 October 2010

DELIVERED AT:      Brisbane

ORDERS MADE: Application dismissed

CATCHWORDS :  Early end to proceedings-section 47 Queensland Civil and Administrative Tribunal Act 2009- application lacking substance

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of parties.

REASONS FOR DECISION

1. An application was made to the Tribunal on 9 February 2010 by Kim Nott, Supports Facilitator (the applicant) seeking the appointment of an  administrator for GJD.

2. Under section 47 of the Queensland Civil and Administrative Tribunal Act 2009, the Tribunal may bring a proceeding to an early end if the Tribunal considers that an application is frivolous, vexatious or misconceived; or is lacking in substance; or is otherwise an abuse of process.

3. Section 12 of the Guardianship and Administration Act 2000 requires the Tribunal to determine whether an adult has impaired capacity for decision-making about the matter before it can consider appointing an administrator for the adult.

4. General Principle 1 in Schedule 1 to the Guardianship and Administration Act 2000  provides that an adult is presumed to have capacity for a matter.

5. The application was not accompanied by evidence that GJD has impaired capacity for decision-making about financial matters.

6. Several written and telephone requests have been made of the applicant, and upon the applicant’s request, the adult’s mother whom the applicant advises had agreed to provide a report, for a Report by Medical and Related Health Professionals to provide evidence to assist in determining capacity. The applicant and the adult’s mother have both been advised by the registry that if the report was not received, the Tribunal may consider dismissing the application.

7. The report has not been received.

8. The Tribunal does not have evidence that could form the basis of a finding that GJD has impaired decision-making capacity for financial matters.

9. The Tribunal finds that the presumption of capacity has not been rebutted. The application for the appointment of an administrator for GJD is lacking in substance and under section 47 of the Queensland Civil and Administrative Tribunal Act 2009, the application should be dismissed. I make orders dismissing the application.