Reviewing the appointed guardian
A review is a hearing which gives interested parties an opportunity to give QCAT their views in writing about:
- the current QCAT order appointing a guardian, 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 for example, change the terms of the appointment, remove a guardian or appoint a new guardian.
However, if QCAT is not satisfied that the grounds for the appointment are adequate, it must revoke the order and remove the guardian.
There are three different types of reviews that QCAT can conduct in relation to a guardian.
Requested reviews
The adult or an interested party may apply for a review of the appointed guardian, showing evidence of changed circumstances or new information.
Periodic reviews
QCAT conducts an automatic periodic review of an appointment just before the order will expire.
QCAT initiated reviews
QCAT can initiate and conduct a review of any order appointing a guardian at any time.
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 an order. Sometimes the decision will be made at a later date. In this case the order will be sent to each party who received notice of the review hearing, in the post within a reasonable time. If a party is disatissfied with QCAT’s decision they have the right to apply to appeal the decision.