GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 118
Tribunal advises persons concerned of hearing
GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 118
Tribunal advises persons concerned of hearing
118 Tribunal advises persons concerned of hearing
(1) At least 7 days before the hearing of an application about a matter, the
tribunal must give notice of the hearing to the adult concerned in the matter
and, as far as practicable, to the following—
(a) if the adult concerned is
not the applicant—the applicant;
(b) a spouse of the adult who is in a
close and continuing relationship with the adult;
(c) any child of the adult
who is at least 18 years and who is in a close and continuing relationship
with the adult;
(d) any parent of the adult who is in a close and continuing
relationship with the adult;
(e) any sibling of the adult who is in a close
and continuing relationship with the adult;
(f) if the adult is an Aboriginal
person or a Torres Strait Islander—any person who is regarded under
Aboriginal tradition or Island custom as a child, parent or sibling of the
adult, and who is in a close and continuing relationship with the adult;
(g)
any primary carer of the adult;
(h) all current guardians, administrators and
attorneys for the adult;
(i) the public guardian;
(j) the public trustee;
(k) for a proceeding under chapter 5B —
(i) the chief executive (disability
services); and
(ii) a relevant service provider providing disability services
to the adult; and
(iii) if the tribunal is aware the adult is subject to a
forensic order, treatment support order or treatment authority under the
Mental Health Act 2016—the chief psychiatrist; and
(iv) if the tribunal is
aware the adult is a forensic disability client—the director of forensic
disability;
(l) anyone else the tribunal considers should be notified.
(2)
If there is no person mentioned in subsection (1) (b) to (f) in existence or
able to be located for the adult, the tribunal must give notice of the
hearing, as far as practicable, to—
(a) a member of the adult’s extended
family who is in a close and continuing relationship with the adult; or
(b) a
person from the adult’s household who is in a close and continuing
relationship with the adult.
(3) However, the tribunal is not required to
give notice to the adult if any of the following apply—
(a) the tribunal
considers that notice to the adult might be prejudicial to the physical or
mental health or wellbeing of the adult;
(b) the tribunal considers the adult
is evading the hearing;
(c) the adult is—
(i) temporarily or permanently
unconscious; or
(ii) unable to be located after the tribunal has made
reasonable inquiries into the adult’s whereabouts.
(4) Notice to the adult
must be given in the way the tribunal considers most appropriate having regard
to the person’s needs.
(5) However, the adult’s failure to understand the
notice does not affect its validity.
(6) The tribunal may, by direction under
the QCAT Act , section 62 —
(a) dispense with the requirement to give notice
to all or any of the persons mentioned in subsection (1) (a) to (k) ; and
(b)
reduce the time stated in subsection (1) .
(7) Subject to subsection (3) ,
failure to comply with the requirement to give notice to the adult invalidates
a hearing and the tribunal’s decision about an application.
(8) Failure to
comply with the requirement to give notice to all or any of the persons
mentioned in subsection (1) (a) to (k) does not affect the validity of a
hearing or the tribunal’s decision about an application.
(9) The QCAT Act ,
section 37 does not apply for the purposes of this section.
