CB [2011] QCAT 5

CITATION: CB [2011] QCAT 5 PARTIES: CB APPLICATION NUMBER: GAA7846-09 GAA7847-09 MATTER TYPE: Guardianship and administration matters for adults HEARING DATE: 4 January 2011 HEARD AT: Brisbane DECISION OF: C Endicott, senior member DELIVERED ON: 4 January 2011 DELIVERED AT: Brisbane ORDERS MADE: Applications for appointment of a guardian and administrator are dismissed CATCHWORDS : GUARDIANSHIP AND ADMINISTRATION – no current contact information about adult – unable to notify adult about hearing - 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 5 November 2009 an officer from Spiritus lodged with the Guardianship and Administration Tribunal an application for the appointment of a guardian and administrator for CB. In the application CB was described as being homeless. 2. From 1 December 2009 the Queensland Civil and Administrative Tribunal (the tribunal) has replaced the Guardianship and Administration Tribunal. Applications lodged with the Guardianship and Administration Tribunal are now determined by the Queensland Civil and Administrative Tribunal. 3. On 23 December 2009 a staff member from the tribunal registry wrote to Spiritus to enquire if a copy of the application had been provided to CB. On 15 February 2010 the applicant informed the tribunal that CB had been informed about the applications. 4. On 16 April 2010 a notice containing details of the hearing to be conducted by the tribunal on 18 May 2010 was sent to CB care of Spiritus, being the contact address provided to the tribunal for CB. At the date of the proposed hearing CB was in custody and he had not received notification of the hearing. 5. On 18 May 2010, the hearing was adjourned to a date to be fixed due to the notice of hearing not being given to CB before the start of the hearing. On 2 August 2010 a staff member from the tribunal registry wrote to the applicant enquiring whether he intended to proceed with the applications and if so, he was asked to provide details of CB’s current whereabouts. 6. The applicant informed the tribunal on 7 September 2010 that CB was no longer in custody but the applicant had not seen CB since his release. The applicant stated that he would inform the tribunal the following week if he wanted to proceed with his applications or whether he would withdraw them. The applicant has not contacted the tribunal since 7 September 2010 and he did not respond to a letter sent by the tribunal registry on 18 November 2010 enquiring as to what action he intended to take about his applications. 7. 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 to act quickly in any dealing relevant to the proceeding. The applicant in this case has failed to provide current contact details for CB. 8. Under section 118 of the Guardianship and Administration Act 2000, the tribunal is unable to make any appointment of a substituted decision maker for CB unless it can give notice to CB of the date of hearing when such an appointment is to be considered. The tribunal is not in a position to give valid notice of a hearing to CB as it does not have current information about his whereabouts. 9. 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 -- 2 of 3 -- considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process. 10. The tribunal concludes that these applications lodged by the officer from Spiritus 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. As the applications were originally lodged in November 2009, the applicant has had adequate time to provide information about CB’s whereabouts to the tribunal. 11. To keep the applications unresolved indefinitely would in the opinion of the tribunal be tantamount to permitting an abuse of process in circumstances where the applications could have been withdrawn by the applicant in September 2010 or could have proceeded to a hearing if the applicant then had current information about CB’s whereabouts. 12. 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 administrator for CB must be dismissed. -- 3 of 3 --