QCAT Matters | ADA Law

Understanding QCAT

ADA Law can provide legal representation and support to people with questioned or impaired capacity, at the Queensland Civil and Administrative Tribunal (QCAT).

Applications to QCAT to appoint a decision maker is not always required for a person with impaired decision making capacity and should be a last resort. A person may still have the capacity to make some decisions on their own or may be able to make decisions with support. Refer to Supported Decision Making.

How we can help

ADA Law provides free legal support including:

Help to complete and submit applications for Review of guardian or administrator appointments, Declaration of Capacity, including advice on obtaining Health Professional Report – provides information from a health professional such as your doctor, psychologist, psychiatrist or geriatrician, about your capacity to make decisions.
Confidential legal advice about your rights, responsibilities, possible outcomes, and what to expect at the Tribunal hearing.
Representation at your Tribunal hearing (in person in South East Queensland, by phone or video conference in other areas).
Negotiation with other involved parties such as family, health professionals, service providers.
Advocacy support to access and establish supports.

Understanding decision making in Queensland

If you are an adult in Queensland, you are presumed to have the capacity to make your own decisions. However, if your ability to make decisions is affected by age-related impairment, intellectual or developmental impairment, mental illness or acquired brain injury, then somebody else may be making, or need to make, decisions for you.

Sometimes this will be family members, relatives or close friends on an informal basis, or a formal decision-maker might be appointed.

Formal decision-makers in Queensland will be one of the following:

An Enduring Power of Attorney to help you with:
- Financial matters e.g. paying bills
- Personal or health decisions, e.g. organising doctors, where you live
- Or both.
A guardian or administrator appointed by QCAT:
- A guardian will help you make some or all personal and health care decisions.
- An administrator will help you make some or all financial decisions.

About QCAT

QCAT is an independent, accessible tribunal that provides an avenue to resolve disputes between parties and make decisions on a range of matters. One of those matters is decision-making for adults with impaired capacity. QCAT is part of the Courts and Tribunals division within the Department of Justice.

When does QCAT become involved?

You may find yourself dealing with QCAT procedures when:

Your capacity to make decisions is impaired or questioned, and an application is made to QCAT for a decision maker to be appointed.
You wish to review or revoke your existing Guardianship/Administration arrangements.

This can be prompted by things such as:

Decisions needed about care and accommodation on release from a hospital stay
Your capacity to make decisions is questioned by friends, family, health or service providers – Refer to your decision-making rights.
Questions about the integrity or suitability of your Attorney/s
Revoking (cancelling) your Enduring Power of Attorney, and your Attorney/s challenge the decision
You wish to make your own decisions.

What happens at QCAT?

It can take several months for QCAT to organise a hearing following an application, and they usually send a notice approximately two weeks before the hearing.

You will have the option to participate in the hearing either by:

Attending in person
Telephone
Video conferencing

An ADA Lawyer can attend the hearing with you – in person (depending on the location), or be with you on the telephone or video conference.

The hearing will be held as close as possible to where you live. The person who made the application must also attend the hearing.

Hearings generally consist of a tribunal member and a registry officer who records the hearing. The tribunal member decides how the hearing will be conducted. They will talk to you about the relevant information and documents you have and ask you questions to make sure they have all the information they need to make the decision.

Usually the decision is made at the end of the hearing, and the reasons for the decision may also be given at this time. The written decision will be sent to the parties after the hearing. If the QCAT decision-maker needs time to consider the matter or to gather more information, they may reserve their decision. This means all parties will receive QCAT’s written decision and reasons at a later date, after the hearing.

ADA Law can support you to consider the decision and what that means for you.