EAL [2018] QCAT 280

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: EAL [2018] QCAT 280 PARTIES: In applications about matters concerning EAL APPLICATION NO/S: GAA6289-18; GAA6393-18; GAA6675-18; GAA8475- 18 MATTER TYPE: Guardianship and administration matters for adults DELIVERED ON: Date of decision 20 July 2018 Reasons delivered 21 August 2018 HEARING DATE: 20 July 2018 HEARD AT: Southport DECISION OF: Member Joachim ORDERS: LIMITATION ORDERS 1. The Tribunal orders that pursuant to s 107(1)(a) of the Guardianship and Administration Act 2000 the hearing of applications GAA6289-18 Application for a Declaration about Capacity and GAA6393-18 Review of the Appointment of an Administrator is closed to WEA. 2. The Tribunal orders that pursuant to s 109 of the Guardianship and Administration Act 2000 the following documents are confidential and must not be disclosed to WEA: (a) All documents placed on the file GXXXXX since 9 February 2017, apart from Tribunal orders and documents provided by WEA. DECLARATION ABOUT CAPACITY 3. EAL has capacity for all financial matters. ADMINISTRATION 4. The appointment of CAD as administrator for EAL for all financial matters is revoked. CATCHWORDS: GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS – where adult seeks to keep her financial affairs confidential from daughter – where daughter is estranged from family – whether limitation order should be made Guardianship and Administration Act 2000 (Qld), s 107(1)(a) ,s 109 -- 1 of 3 -- 2 APPEARANCES & REPRESENTATION: Applicant: Self-represented REASONS FOR DECISION [1] EAL has been subject to orders of this Tribunal for several years. On 11 April 2018, her son CAD was appointed as administrator for EAL. He had previously been an administrator with his sister, WEA. [2] On 4 June 2018, the Tribunal received an application from EAL seeking a declaration that she had capacity to make her own financial decisions. The Tribunal therefore initiated a review of the appointment of CAD as his mother’s administrator. [3] On 11 June 2018, EAL applied to the Tribunal for a confidentiality order on the basis that she did not want her daughter, WEA, who was the former administrator with CAD involved. WEA had sought leave to resign as administrator and this was granted by the Tribunal on 9 February 2017. Due to the issues raised by EAL in her application for a confidentiality order, the Tribunal on its own initiative made an application for a closure order. [4] No order was made pre-hearing. I considered these applications for limitation orders at the commencement of the hearing. [5] The relevant legislation is contained in s 107 and s 109 of the Guardianship and Administration Act 2000 (Qld) (the GAA Act). These cover respectively a closure order and a confidentiality order. [6] A closure order can be made if the Tribunal is satisfied it is necessary to avoid harm or injustice to a person. The Tribunal may, but only to the extent necessary, close the hearing or part of the hearing to all or some of the members of the public, and exclude a particular person, including an active party from a hearing or part of a hearing. The Tribunal may make a closure order on its own initiative or on the application of an active party. [7] In relation to the confidentiality order, the Tribunal may make an order if it is satisfied it is necessary to avoid serious harm or injustice to a person. The Tribunal may, by order, withhold from an active party or other person a document or part of a document before the Tribunal, or withhold from an active party or other person other information before the Tribunal. The Tribunal may make a confidentiality order on its own initiative or on the application of an active party. [8] EAL advised the Tribunal that she had made numerous attempts to make contact with her daughter since the order made by the Tribunal on 9 February 2017. She had sent cards, letters and presents, none of which had been acknowledged. She says that she does not want her daughter to have any knowledge of her finances, in circumstances where the daughter appears not to want to engage with her. Her application was supported by a friend, AS, and also by the current administrator CAD. -- 2 of 3 -- 3 [9] There is considerable conflict within the family, between CAD and WEA, and also between WEA and her mother, EAL. WEA claims that she has been abused regularly by family members, including her mother and she is not wanting to have contact with them because of these reasons and needed some time away from the family. [10] It is WEA’s choice to maintain distance between her mother and brother in order to regain her mental health. She claims she was affected by the constant abuse and ostracism by both CAD and EAL and remains so. It cannot be reasonable for a person who does not have contact with an adult to receive information about that persons’ financial affairs, particularly in circumstances where the adult, EAL, seriously objects to her daughter having this information. [11] I am of the view that it would be an injustice to EAL for her daughter, from whom she is estranged, to have details of her financial affairs, and as a result have made a confidentiality order over all aspects of the file, apart from those documents that WEA provided, and those documents to which she was in receipt prior to the hearing of 9 February 2017. Additionally, I closed the hearing to the daughter for the same reasons. [12] I made orders accordingly. -- 3 of 3 --