Form 54 - Application process

The Tribunal may make an interim or temporary order until a final hearing of the applications before the tribunal, in circumstances where the tribunal is satisfied, on reasonable grounds, that:

• the adult concerned has, or may have, impaired capacity for decisions that need to be made; and
• there is an immediate risk of harm to the health, welfare or property of the adult because of the risk of abuse, exploitation or neglect, or self-neglect by the adult.

The purpose of the interim order is to address the risk to the adult or their property pending the final hearing.

2. Before lodging an application for an interim order all avenues for addressing the risk to the adult informally should be explored.

For example:

• for most health care decisions, the adult’s statutory health attorney should be contacted;
• ACAT assessments can be arranged informally;
• Access to the National Disability Insurance Scheme should be able to be arranged without a formal appointment of a guardian.
• Family members may be able to secure an adult’s property for them while they are hospitalised.
• If you have concerns about the actions of an attorney you should consider making a complaint to the Office of the Public Guardian

As the purpose of an interim order is to protect the adult from an immediate risk of harm, the Tribunal may make an interim order without an oral hearing and without complying with the notice of hearing requirements in the legislation.

3. Term of an interim order 

The maximum period of an interim order is 3 months. If the Tribunal has made an interim order, a hearing of the applications concerning the adult will occur before the interim order expires.

Active parties to a proceeding and others required to be notified of a hearing should receive a notice of hearing approximately two to four weeks prior to the scheduled hearing date. The notice of hearing will contain the date and the time of the hearing as well as the venue for the hearing.

4. How to apply for an interim order

The following documents should be lodged with QCAT if you seek an interim order:

• Application for administration/guardianship appointment or review (Form 10) or other appropriate application seeking a final order from the Tribunal
• Application for interim order (Form 54)
• Health Professional Report and/or evidence from a health professional such as a geriatrician, psychiatrist, psychologist or general practitioner that provides an opinion about the Adult’s capacity for decision-making
• Other documents that support the making of the interim order.