Queensland Consolidated Regulations

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2009 - REG 21

21 Alternative notice requirements for proceedings about persons with impaired capacity etc.

(1) This rule applies if a proceeding is started for an application or referral made under—

(a) the Disability Services Act 2006 , section 178 (9) ; or

(b) the Guardianship and Administration Act 2000 .

(2) The applicant for the application or referral is exempt from the requirement under section 37 (2) of the Act to give a copy of the application or referral to an entity mentioned in the section.

(3) The principal registrar must, within the period stated in rule 19 —

(a) give a copy of the application or referral to the relevant adult, unless subrule (4) applies; and

(b) give written notice of the application or referral to each of the following, unless the tribunal orders otherwise—

(i) the members of the relevant adult’s family;

(ii) any primary carer of the relevant adult;

(iii) all current guardians and administrators for the relevant adult;

(iv) all attorneys for the relevant adult;

(v) for a proceeding under the Guardianship and Administration Act 2000 , chapter 5B —

(A) the chief executive of the department in which the Disability Services Act 2006 is administered; and

(B) a relevant service provider providing disability services to the relevant adult; and

(C) if the tribunal is aware the relevant adult is subject to a treatment authority, forensic order or treatment support order under the Mental Health Act 2016 —the chief psychiatrist appointed under that Act; and

(D) if the tribunal is aware the relevant adult is a forensic disability client within the meaning of the Forensic Disability Act 2011 —the director of forensic disability under that Act;

(vi) anyone else the tribunal considers should be notified of the proceeding.

(4) The principal registrar is not required to give a copy of the application or referral to the relevant adult if—

(a) the tribunal considers that notifying the adult of the proceeding might be prejudicial to the physical or mental health or wellbeing of the adult; or

(b) the tribunal considers the adult may evade the hearing of the proceeding; or

(c) the adult is—

(i) temporarily or permanently unconscious; or

(ii) unable to be located after the principal registrar has made reasonable inquiries into the adult’s whereabouts.

(5) A notice given under subrule (3) (b) must state how the person to whom it is given may request further information about the application or referral from the tribunal.

(6) If this rule uses a term that is used in the Guardianship and Administration Act 2000 , the term has the same meaning in this rule as it has in that Act unless a contrary intention appears.

(7) In this rule—

"attorney" means—

(a) an attorney under a power of attorney; or

(b) an attorney under an advance health directive or similar document under the law of another jurisdiction.

"power of attorney" means—

(a) a general power of attorney made under the Powers of Attorney Act 1998 ; or

(b) an enduring power of attorney; or

(c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or

(d) a similar document under the law of another jurisdiction.

"relevant adult" means the adult concerned in the application or referral (whether or not the adult is an adult with impaired capacity).

"relevant service provider" see the Guardianship and Administration Act 2000 , section 80U .