Application
- Who can apply to the Tribunal?
- How do I know if I should make an application?
- How do I apply?
- What happens when the Tribunal Registry receives an application?
Who can apply to the Tribunal?
Anyone who has a genuine and continuing interest in the welfare of an adult with impaired decision-making capacity can apply to the Tribunal, such as, family members, close friends and professionals. Adults with impaired decision-making capacity can also apply to the Tribunal on their own behalf.
The exception however is in situations where a decision is required to be made in relation to containment or seclusion for an adult with an intellectual or cognitive disability who receives services provided or funded by DSQ (other than respite and/or community access services only). In these circumstances, applications can only be lodged by DSQ, or where the relevant service provider is a non government organisation, jointly by DSQ and the relevant service provider.
How do I know if I should make an application?
Most people with impaired decision-making capacity do not need a guardian or administrator because their family and support network help them make decisions. The Tribunal will only appoint a decision maker if there is no other way to ensure that the interests of the person are protected. You should consider applying if:
- the adult's needs are not being met – for example, the adult is suffering from personal and/or financial abuse, neglect or exploitation
- disputes arise – for example, within a family or between the family and support services
- an agreement, such as a contract for the sale of property, needs to be signed by the adult, and no-one else is authorised to sign on the adult's behalf
- the adult is making or likely to make a decision that is detrimental to his/her health, welfare or financial interests.
If you are unsure, contact the Tribunal Registry for assistance.
How do I apply?
Telephone or email (guardianship@justice.qld.gov.au) the Tribunal Registry and request that an application kit be mailed or faxed to you or download and print the application kit.
Before you submit the application, you need to check whether the adult concerned has given anyone power under an enduring document such as an Enduring Power of Attorney or an Advance Health Directive and you should advise the person appointed by the adult under the enduring document about what you intend to do.
When the application form is completed, you need to lodge it with the Tribunal Registry via post or fax and attach supporting documents such as reports from health professionals and other information that demonstrates that there is a specific need for an appointment.
There is no cost associated with making an application. However, there are costs incurred by parties if they participate in hearings by telephone or videoconference and a Tribunal Officer can advise of the costs involved.
What happens when the Tribunal Registry receives an application?
When an application is received, the Tribunal Registry ensures that there is sufficient information to have the matter listed for a Tribunal hearing. This means:
- making independent inquiries into the nature and degree of the decision-making capacity of the adult concerned
- receiving information from the adult and others concerned
- collecting information about proposed guardians/administrators
- checking that there is a particular matter in need of a decision or that the adult is likely to do something that involves a risk to their health, welfare or property
- determining whether or not the adult’s needs can be met or interests protected without making the appointment.
Once your application has been received by the Registry it can take up to three months before the application is scheduled for a hearing. However, very complex matters may sometimes take longer than three months.
The Registry Officers do not decide whether an adult has capacity, make orders or issue directions.
Last updated 10/4/2007
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