Reviewing the appointed administrator
The Guardianship and Administration Act 2000 requires QCAT to review the appointment of an administrator. The Tribunal conducts reviews in the way it considers appropriate either at an oral hearing or on the basis of written information received without parties in attendance.
Initially the Tribunal will request that interested parties provide their views in writing about:
- the actions of an administrator; or
- 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; or
- alter the QCAT order e.g. change the terms of the appointment, remove an administrator or appoint a new administrator.
QCAT may only remove an appointed administrator if it considers:
- there is no longer a need for the appointment; or
- the guardian or administrator is no longer competent; or
- another person is more apporpriate for appointment.
If QCAT is not satisfied that thre 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 review initiated by QCAT.
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.
QCAT conducts an automatic periodic review of the appointed administrator usually commenced three (3) months before the QCAT appointment expires. You will receive a letter from QCAT around this time to advise you of how the review 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 in so many years. Reviews of these appointments are also commenced three (3) 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.