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
- 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, for example changing 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. QCAT can also make an order to remove the Public Guardian as an appointee if an appropriate person is available for appointment.
There are three different types of QCAT guardian reviews:
- requested reviews
- periodic reviews
- QCAT initiated reviews.
The adult or an interested party may apply for a review of the appointed guardian, showing evidence of changed circumstances or new information.
QCAT conducts an automatic periodic review of an appointment as specified in the order.
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 in the post to each party who received notice of the review hearing. If a party is dissatisfied with QCAT’s decision, they have the right to apply to appeal the 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.