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Reviewing the appointed administrator

The Guardianship and Administration Act 2000 requires QCAT to review the appointment of an administrator. The tribunal decides the most appropriate review forum, eg a hearing in person or only on the basis of written information received.

Initially QCAT will ask that interested parties provide their views in writing about:

  • the actions of an administrator
  • any new or relevant information about the adult's circumstances that may affect the appointment.

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

  • continue the QCAT order
  • alter the QCAT order eg change the terms of the appointment, remove an administrator or appoint a new administrator.

QCAT may only remove an appointed administrator if it considers:

  • the appointment is no longer needed
  • the guardian or administrator is no longer competent
  • another person is more appropriate for appointment.

If QCAT is not satisfied that there are sufficient grounds for the appointment to continue, it must revoke the decision and remove the administrator.

QCAT reviews of an administration appointment can be commenced in one of three ways: requested review; periodic review or QCAT-initiated review.

Requested reviews

The adult or an interested party may apply for a review of the appointed administrator at any time, showing evidence of changed circumstances, new information or concerns regarding the actions of the administrator.

Periodic reviews

QCAT conducts an automatic periodic review of an appointment as specified in the order. You will receive a letter from QCAT around this time to with information on how this will proceed.

Some appointments of administrators will state that the appointment remains current until further order of the tribunal, but that the appointment is reviewable and is to be reviewed at a future date. Reviews of these appointments are also commenced three months prior to the specified review period.

QCAT initiated reviews

QCAT can initiate and conduct a review of any order appointing an administrator at any time. In the majority of cases, QCAT initiates reviews because an administrator has not provided documentation within a certain timeframe, or issues or concerns have been raised about the information contained in the documentation submitted.

QCAT’s decision about the review

QCAT can give its decision at the end of the review hearing and set out the terms of the appointment in a written decision. Sometimes the decision will be made at a later date. In this case the decision will be sent to each party who received notice of the review hearing. In certain circumstances parties have the right to appeal the QCAT decision.

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.

Last reviewed
26 May 2017
Last updated
26 May 2017

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