Appropriateness of an administrator
Before appointing an administrator, QCAT considers their appropriateness and competency to act as an administrator for the adult.
QCAT requires that the person chosen for appointment as an administrator be someone who/whose:
- is over 18 years of age
- respects the decision making principles specified in the Guardianship and Administration Act 2000 which state that the adult must be given every opportunity to make decisions to the full extent of their capacity
- interests are unlikely to conflict with those of the adult
- outlook, cultural background and method of communication are compatible with those of the adult
- is similarly compatible with anyone else appointed on the adult's behalf
- is available to act on behalf of the adult and is accessible to the adult
- has the competence to carry out the functions and exercise the powers of an administrator
- is willing to act in accordance with the duties of an administrator as set out in the Act
- has given a financial management plan to QCAT for approval.
When considering an application the following factors may weigh against the proposed administrator, if they:
- have any criminal history
- have previously been refused or removed from appointment as a guardian, administrator, attorney or other person making a decision for someone else
- are bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 or similar law of a foreign jurisdiction
- have ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 or a similar law of a foreign jurisdiction
- are proposing to make, or have ever made an arrangement with his or her creditors under the Bankruptcy Act 1966 or a similar law of a foreign jurisdiction
- are or was a director, secretary or partner, or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration.
Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.