What is an Interim Order?
An interim order is a temporary decision made by QCAT when there is an urgent or immediate risk of harm to a person’s health, welfare, or property.
This order is meant to protect the person while QCAT considers their application in full at a later hearing. It’s a way of making sure someone’s needs are addressed quickly, without having to wait for all the evidence to be presented at a final hearing.
Example:
Sarah is an elderly woman with dementia who is living at home.
Her family finds that a person close to her is accessing her bank account and spending large amounts of her money without her consent.
Because this puts Sarah at risk of financial harm and vulnerability, QCAT may make an interim order appointing the Public Trustee to temporarily manage her finances.
This order would stay in place until QCAT can hold a full hearing and make a final decision about who should be her financial decision-maker in the long term.
To apply for an interim order, you must:
- Submit a QCAT application Form 54 – Interim Order
- Provide supporting information or evidence to show:
- Why the person is at immediate risk of harm.
- Why QCAT should act quickly, without waiting for a full hearing.
Clearly state the temporary orders you want QCAT to make (such as appointing a temporary guardian or administrator).
- An interim order is temporary and short term.
- QCAT typically makes an interim order until the final hearing can be held.
- The order will expire once QCAT makes its final decision, or it may be discharged if QCAT decides it’s no longer necessary
An interim order is designed to deal with emergencies or urgent situations.
QCAT will only make an interim order if:
- There is a real and immediate risk of harm.
- The person’s health, welfare, or property will be at risk if QCAT waits for a full hearing.
QCAT must act in a way that is in the person’s best interests and least restrictive of their rights and freedoms.