What is QCAT?
The Queensland Civil and Administrative Tribunal (QCAT) is a government tribunal that makes legal decisions on a wide range of matters. One of QCAT’s roles is to make decisions about whether an adult has the capacity to make certain decisions, and whether another person (a guardian or administrator) should be legally appointed to make decisions on their behalf.
QCAT is not a court, but it has legal authority under Queensland law. It aims to resolve matters in a way that is less formal, more accessible, and quicker than court processes.
QCAT has the power to make decisions about many civil matters. In the context of decision-making and disability, QCAT can:
- Decide whether an adult has impaired capacity for making certain decisions,
- Appoint a guardian to make personal and lifestyle decisions (e.g. health care, living arrangements),
- Appoint an administrator to make financial decisions,
- Make interim (urgent or temporary) decisions if there’s immediate risk,
- Review or change existing guardianship or administration appointments,
- Hear applications to revoke an existing order if the person’s capacity has improved,
- Hear appeals about decisions made under guardianship and administration law.
QCAT plays a significant role in safeguarding adults with impaired capacity, but it should not be the first step. Under the Guardianship and Administration Act 2000 (Qld), QCAT can only become involved if:
- The adult is found to have impaired decision-making capacity,
- There is a need for a decision to be made (e.g. medical consent, financial issue),
- There is no other less restrictive way for the decision to be made (such as informal support or enduring power of attorney),
- The situation is urgent, or there is a risk of harm or exploitation if no substitute decision-maker is appointed.
Just having a disability or making a risky decision does not mean QCAT should be involved.
QCAT decisions can have serious impacts on a person’s autonomy, rights, and daily life. That’s why:
- The person should be involved in the process, have access to support, and have their voice heard,
- Applications to QCAT should only be made after exploring all less restrictive alternatives,
- Any orders made must be the least restrictive option and regularly reviewed,
- Guardians or administrators must always act in the person’s best interests, respecting their wishes, values, and preferences.
Even if someone has been referred to QCAT, the law still presumes they have capacity unless there is clear and convincing evidence that they do not.
QCAT can only appoint a guardian or administrator after carefully considering medical evidence, the person’s situation, and whether there are less restrictive ways to support them.
Additional Resources
Relevant Laws and Rights:
Guardianship and Administration Act 2000 (QLD) – outlines how capacity is defined and assessed, and presumes adults have capacity.
Human Rights Act 2019 (QLD) – protects the right to autonomy, privacy, and freedom.
UN Convention on the Rights of Persons with Disabilities (UNCRPD), Article 12 – recognises the equal right of people with disabilities to make decisions and receive the support they need to do so.
Guidelines for assessing decision-making capacity (Queensland Government Website) HERE
Queensland Capacity Assessment Guidelines (PDF from QLD Gov publications portal) HERE
Decision-making for Adults with impaired capacity (QCAT website) HERE