JBJ

CITATION:

JBJ [2011] QCAT 198

PARTIES:

JBJ

APPLICATION NUMBER:

GAA5257-10 GAA5258-10

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

C Endicott, Senior Member

DELIVERED ON:

9 May 2011

DELIVERED AT:

Brisbane

ORDERS MADE:

Applications for the appointment of a guardian and an administrator are dismissed.

CATCHWORDS:

GUARDIANSHIP AND ADMINISTRATION – adult resides permanently outside Queensland – no jurisdiction – application lacks substance – early end to proceedings

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties under section 32(2) of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

JT applied to the tribunal in July 2010 for the appointment of a guardian and an administrator for her son JBJ who at the time of the application was apparently residing in Queensland.
On 6 April 2011 a staff member from the tribunal registry spoke with JT who stated that she had not seen JBJ for about three years.
On 6 May 2011 JL, the father of JBJ, spoke with a staff member of the tribunal registry and informed her that JBJ had been residing in New South Wales since December 2010. JL stated that JBJ had previously lived for two years in New South Wales and had returned to Queensland for about one year before going back to New South Wales.
The tribunal’s inquiries confirmed that JBJ had resided in New South Wales from at least 6 July 2009 to 1 February 2010. The tribunal has no current contact address within Queensland for JBJ and accepts the evidence given by his father that JBJ has been residing again in New South Wales for the past few months.
The tribunal exercises jurisdiction under the Guardianship and Administration Act 2000. That Act is the result of law-making power exercised by the Queensland Parliament to implement a scheme for the appointment of substitute decision makers for adults with impaired decision making capacity. All other States in Australia, including New South Wales, have via statute set up similar schemes for the exercise of substituted decision making power for adults resident in those other States.
The Queensland Act has limited operation outside of Queensland. Laws made for the peace, welfare and good government of Queensland must relate to persons who have a recognised connection to Queensland such as persons present or resident in Queensland or who own property situated in Queensland. Unless the Act lawfully extends jurisdiction of the tribunal to persons who reside permanently outside of Queensland, the tribunal cannot make appointments for non Queensland residents.
The tribunal is satisfied that JBJ does not permanently reside in Queensland. The tribunal does not have jurisdiction to make the appointments sought by JT. Her applications lack substance.
Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to 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.
The tribunal has an obligation to deal with matters in a way that is accessible, fair, just, economical, informal and quick. As these applications lack substance, it is appropriate to bring an early end to the applications under section 47. The applications are dismissed in accordance with section 47 of the Queensland Civil and Administrative Tribunal Act 2009.

The applicant sought to be appointed as the legal guardian and administrator of an adult, who resides permanently outside of Queensland. The case was dismissed for lack of jurisdiction. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary legal issue before the tribunal was whether it had the jurisdiction to appoint a guardian and administrator for the applicant’s sister, who resides permanently outside Queensland. The tribunal had to determine if it had the authority to make such decisions under the Guardianship and Administration Act 2000 (Qld) when the person in question does not reside in the state.

The tribunal found that the applicant's sister did not reside in Queensland and, therefore, the tribunal did not have the jurisdiction to appoint a guardian and administrator for her. The tribunal considered that the relevant statutory provisions did not provide it with the authority to make such decisions for individuals who do not reside in Queensland. Given the lack of jurisdiction, the tribunal concluded that the application was without substance and dismissed it. The tribunal further determined that the application was not one that could be transferred to another jurisdiction, thereby concluding that it could not proceed with the application.

The tribunal dismissed the applications for the appointment of a guardian and administrator, finding that it lacked the jurisdiction to make such decisions for an individual residing outside Queensland. The tribunal emphasised that the application was dismissed on jurisdictional grounds, and there were no substantive findings against the applicant. As a result, the applications were dismissed, and the tribunal made no further orders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established