Hearing

Is it necessary to have a lawyer?
What is a hearing?
What happens at a Tribunal hearing?
Where are hearings held?
Who attends a hearing?
What happens if the adult needs an interpreter at the hearing?
Who is on the Tribunal?
How long does a hearing last?
Will a decision be made at the hearing?

Is it necessary to have a lawyer?

Most people don't have a lawyer attend the Tribunal hearing. You can discuss this issue with your case officer.

What is a hearing?

It is an opportunity for anyone with a genuine and continuing interest in the matter to put their views forward and have them considered by the Tribunal. Parties are always encouraged to put their views in writing to the Tribunal prior to the hearing.

A Tribunal hearing is generally when Tribunal Members hear oral evidence and examine documents about an application. In some instances, it may be decided that an application does not need to go to an oral hearing where parties attend to give oral evidence and the application can be dealt with on the written material alone. If this is the case, all parties who have previously been contacted will be notified by mail that they are not required to attend but should put their views in writing to the Tribunal.

What happens at a Tribunal hearing?

When you arrive for the hearing, you will be greeted by a Hearing Support Officer who will explain the process to you and escort you to the hearing room. If you are attending by telephone or videoconference, a Hearing Support Officer will contact you either the day before or the day of the hearing and explain the process to you.

At the hearing, the Tribunal Members will introduce themselves and ask you to introduce yourself.

Throughout the hearing, the Tribunal will make every effort to ensure those attending understand what is happening and participate in the hearing. After considering the evidence, if the Tribunal is satisfied that the person concerned does not have the capacity to make decisions, the Tribunal decides if a guardian and/or administrator is required, who it will be and the terms of their appointment.

Where are hearings held?

The Tribunal Members travel throughout the State to hold hearings in the town where the adult resides so that they and their families can present their views to the Tribunal in a familiar and supportive environment. During 2006-2007 financial year, the Tribunal travelled to 34 locations in Queensland with about 40% of the hearings held in regional areas. People who live in a remote area or who cannot take part in a face-to-face hearing, can participate via a telephone linkup or a video conference.

Who attends a hearing?

Anyone who, in the Tribunal’s opinion, has a genuine and continuing interest in the welfare of the adult concerned has the right to attend the hearing. Hearings are open to the public except in very limited circumstances. At least 7 days before the hearing is scheduled, the adult concerned will be notified of the hearing.

The Tribunal will also give notice of the hearing to:

the applicant
members of the adult’s family
the primary carer of the adult
all current guardians, administrators and attorneys for the adult
the Adult Guardian
the Public Trustee of Queensland
the chief executive of Disability Services Queensland
director of Mental Health
a relevant service provider
anyone else who the Tribunal considers should be notified.

The Tribunal can also give written notice requiring a person to attend the hearing or provide information.

There is no fee to attend the hearing in person.

What happens if the adult needs an interpreter at the hearing?

If you think that the adult will need an interpreter at the hearing you should let the case officer in the registry know as soon as possible. The case officer will arrange for an interpreter to be at the hearing and the Tribunal will be responsible for the cost of the interpreter.

Who is on the Tribunal?

The Tribunal is headed by a President, who is a lawyer, and one or more Deputy Presidents. There are over 40 Tribunal Members (including the three Presidential Members) with a variety of backgrounds such as lawyers, educators, psychologists, social workers, counsellors, mental health practitioners and medical practitioners. Most also have personal experience of a person with impaired decision-making capacity. The Tribunal can consist of one, two or three Members, depending on the complexity of the circumstances.

All of these positions, with the exception of the President’s, are part-time and the President can determine which Tribunal members will hear a particular matter. Usually a panel of three members conducts the Tribunal hearing, but a single member or two members can hear some matters.

The Registrar of the Tribunal is able to hear non-contentious matters.

Click here for a list of current Tribunal Members.

How long does a hearing last?

A hearing before the Tribunal is conducted as simply and as quickly as possible allowing the opportunity for anyone with a genuine and continuing interest in the welfare of the adult concerned to put their views forward and have them considered.

The length of the hearing depends on the complexity of the matter. Straightforward applications may only take an hour or so. Complex matters, such as those where there are disputes between family members or where the adult’s welfare or property is at risk, may take longer and could be up to several hours.

Will a decision be made at the hearing?

After the Tribunal has examined all documentation and heard from those attending the hearing, the Tribunal Members will leave the room to consider their decision and return shortly to announce their decision. After announcing their decision they will set out the terms of the order. This finalises the hearing.

If the Tribunal needs more time to consider the application, it may reserve its decision and this means parties will receive the Tribunal’s decision by mail.

A written copy of the order will be sent to everyone who received notice of the hearing. The order is usually sent within three days of the hearing being finalised.

Occasionally, the Tribunal will not complete the hearing and adjourn the hearing to a later date so that more information can be gathered or to allow evidence to be heard from parties not present.

Last updated 10/6/2007

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