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Review

1. What is a review?
2. What is a requested review?
3. What is a periodic review?
4. What is a random review?
5. What is a Tribunal Initiated Review?
6. What is a review of a decision made by the Tribunal Registrar?
7. What happens at the review hearing?
8. When will the Tribunal's decision be known?
9. What decisions can the Tribunal make?
10. What are the grounds for the Tribunal to remove a guardian?
11. What if I believe that the wrong decision has been made?

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A review considers an existing order and makes any necessary changes. 

Under the Act, the adult or an interested party may apply for a review of the appointed guardian or administrator.  For example, an interested party may apply to the Tribunal proposing a change of a current appointee.

An application for review must show evidence of changed circumstances or newly available information.  In this way, applications that are vexatious, lacking in substance or frivolous do not automatically proceed to hearing or delay other matters which might otherwise have been heard earlier.  

For more information refer to Presidential Direction 2 of 2002. 

The Tribunal conducts a periodic review of an appointment just prior to the date set for the order to expire.  Periodic reviews are carried out automatically by the Tribunal and you do not need to apply to the Tribunal.

Where The Public Trustee of Queensland or a trustee company has been appointed, the Tribunal is able to initiate a review of the appointment at any time. 

The Tribunal has the authority to initiate and conduct a review of any order appointing a guardian or administrator at any time.   In the majority of cases, the Tribunal initiates reviews because a guardian or administrator has not carried out the directions of the Tribunal to provide documentation within a certain time frame.  Alternatively, issues or concerns have been raised as a result of the information contained in this documentation.

The Tribunal Registrar has the power to make decisions about matters that are not contentious. If someone is not satisfied by the Registrar’s decision, they can apply to the Tribunal for a review as long as they do so within 28 days of being notified of the decision.

A review hearing is an opportunity for the relevant parties (such as the adult, the appointed guardians and/or administrators, family members and carers) to meet again to discuss and consider any new information or changed circumstances that may affect the appointment. 

The Tribunal checks whether the current order is appropriate for the existing situation. If necessary, the Tribunal makes amendments to the original order or gives the guardians and/or administrators advice or directions about how they should carry out their duties.

Alternatively, hearings can be conducted without the need for an oral hearing.  The Tribunal can make a decision based on the written information provided. 

The Tribunal may announce its decision at the end of the review hearing and set out the terms of the appointment in a Tribunal order or reserve its decision.  This means parties will receive the Tribunal’s order by mail.  Everyone who received notice of the review hearing, including the person/s or organisation/s appointed or revoked as guardian/s and/or administrator/s will receive a copy of the order. 

If the Tribunal is satisfied that there are sufficient grounds for an appointment to continue, it can either:

• allow the order to remain;  or
• alter the order by, for example, changing the terms of the appointment, removing an appointee or making a new appointment.

However, if the Tribunal is not satisfied that the grounds for the appointment are adequate, it is bound by law to revoke the order and remove the guardian and/or administrator.

Guardians can be removed when:

• the adult’s needs have not been met as required by the order
• the appointee has neglected their duties or abused their decision-making authority, either generally or in relation to a specific matter
• the appointee has otherwise contravened the Guardianship and Administration Act 2000
• a need for a guardian no longer exists
• the appointee is no longer competent to act as a decision maker
• another person is more appropriate for appointment
• they no longer wish to act.
  

In most cases there are two courses of action open available to you:

• you can ask the Tribunal for a written Statement of Reasons for the decision (this must be done within 28 days after the notice of decision has been given);  and
• you can appeal the decision to the Supreme Court on a point of law.

Last updated 10/6/2007

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