AMC [2011] QCAT 9

CITATION: AMC [2011] QCAT 9 PARTIES: AMC APPLICATION NUMBER: GAA9784-10 GAA9785-10 MATTER TYPE: Guardianship and administration matters for adults HEARING DATE: 7 January 2011 HEARD AT: Brisbane DECISION OF: C Endicott, senior member DELIVERED ON: 7 January 2011 DELIVERED AT: Brisbane ORDERS MADE: The applications for appointment of a guardian and review of the appointment of an administrator are dismissed CATCHWORDS : GUARDIANSHIP AND ADMINISTRATION – information as to appropriateness of proposed appointee not provided - section 47 of the Queensland Civil and Administrative Tribunal Act 2009 – early end to proceedings APPEARANCES and REPRESENTATION (if any): The hearing took place on the papers in the absence of the parties. -- 1 of 3 -- REASONS FOR DECISION 1. On 16 May 2003 the Guardianship and Administration Tribunal appointed The Public Trustee of Queensland as the administrator of AMC for all financial matters for three years. The appointment of the administrator was continued by that tribunal on several occasions with the most recent order continuing the appointment being made on 1 September 2009. That order appointed The Public Trustee of Queensland as administrator for an indefinite period. 2. From 1 December 2009 the Queensland Civil and Administrative Tribunal (the tribunal) has replaced the Guardianship and Administration Tribunal. Appointments made by the Guardianship and Administration Tribunal are now reviewed by the Queensland Civil and Administrative Tribunal. 3. On 15 July 2010 AR lodged an application with the tribunal in which it was stated that he sought the appointment of the Adult Guardian as guardian for AMC and sought the appointment of The Public Trustee of Queensland as her administrator. On 22 July 2010 AR spoke to a staff member from the tribunal registry and he stated that the application form was incorrect and that he was actually seeking that he was appointed as guardian and administrator for AMC, his mother. 4. On that day a letter was sent to AR containing blank statutory declaration forms which he was asked to complete. The forms were designed to set out information as to the appropriateness of AR to be appointed as a guardian and administrator for AMC. 5. By 6 August 2010 the signed forms had not been returned to the tribunal and on that day a staff member from the tribunal registry spoke to AR and reminded him that the tribunal required the completed forms to be lodged. AR acknowledged this request and stated that he would complete the forms. 6. The forms were not lodged by AR following that conversation and on 16 August 2010 a letter was sent to AR by a staff member from the tribunal registry informing him that his applications may not proceed unless the completed forms as to appropriateness were lodged with the tribunal. 7. There was no response to this letter and the forms were not lodged by 30 September 2010. On that day a staff member from the tribunal registry telephoned AR and left a message on his mobile phone to contact her. As he did not so do, the staff member sent a letter that same day to AR informing him that unless the requested forms were lodged with the tribunal by 29 October 2010 the tribunal may not proceed any further with his applications. No response has been received to that letter and the requested forms have not been lodged with the tribunal. 8. Under section 16 of the Guardianship and Administration Act 2000 an individual who has agreed to a proposed appointment must advise the tribunal as to circumstances as to appropriateness for appointment as specified in that section. According to subsection 3 of section 16 of that Act, the proposed appointee must give the advice by statutory declaration or on oath or affirmation if required by the tribunal. -- 2 of 3 -- 9. AR has failed to provide information about his appropriateness for appointment as required by section 16 of that Act. The tribunal is unable to consider the applications lodged by him, or more accurately the applications which he has sought to amend orally, until he complies with the requirements of section 16. He was been requested on three occasions verbally and on three occasions in writing to provide the information in the form of a statutory declaration. He has failed to do so. 10. The tribunal must deal with matters in a way that is accessible, fair, just, economical, informal and quick. A party to a proceeding in the tribunal is under an obligation set out in section 45 of the Queensland Civil and Administrative Tribunal Act 2009 (the Act) to act quickly in any dealing relevant to the proceeding. The applicant in this case has failed to provide essential information that the tribunal needs to proceed to a hearing of his applications. 11. Section 47 of the Act 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. 12. The tribunal concludes that these applications lodged by AR should be brought to an early end in view of his failure to provide the information that the tribunal has requested. Without that information the applications cannot proceed to a hearing for determination on their merits. The applicant has had adequate time to provide the required information and has been made aware that his applications will not proceed without that information. 13. To keep the applications unresolved indefinitely would in the opinion of the tribunal be tantamount to permitting an abuse of process. The tribunal considers that under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the applications for the appointment of a guardian and for a review of the appointment of an administrator for AMC must be dismissed. -- 3 of 3 --