Our decisions

The Office of Adult Guardian staff are able to make a range of decisions on behalf of adults with impaired decision-making capacity.

Guardianship officers make personal and health decisions for those adults when the Adult Guardian has been appointed as guardian of last resort or as personal attorney of last resort. Our officers have the legal right to the information that is necessary to make the decision. They do not need to use freedom of information provisions (eg. under the Right to Information Act 2009) to request this information, and it must be given, despite privacy and confidentiality requirements.

Investigation officers make decisions as a result of the findings of an investigation, including decisions to apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order to appoint an administrator or guardian or to conduct advocacy for the adult.

Officers will also apply the principles of natural justice and good administrative decision-making processes. As far as is possible in the circumstances, officers will consult with family members and other relevant people or organisations. This will depend on the complexity, contentiousness and timeframe for the decision.

Consent officers make decisions about providing consent for health care treatment.

Our decisions are confidential

Under the guardianship laws, confidential information about the adult should not be released except in certain circumstances, for example, for a hearing or court proceedings. There is also a general principle that the adult’s right to confidentiality should be taken into account.

The reasons for a decision are usually provided in the letter sent to advise interested people of the officer’s decision. However, you can request further information on these reasons.

If you, a family member or support organisation have an active and ongoing involvement in the adult’s life or you may be affected by the decision, then you can ask the officer for the reasons why a decision was made. The officer must consider the confidentiality of the information you are requesting. However, when you are part of the adult’s support network, or supportive relationships, or you deliver services to the adult, then in most circumstances you may receive this information.

Where the adult’s safety and well being could be endangered by the release of the reasons for decision, then our officer may refuse to provide information or the reasons for the decision. You have the right to request a review of the decision not to provide this information.

If you disagree with our decisions

If you believe the decision was made on incorrect or incomplete information, you can contact the officer to discuss the information. You can also write to the officer setting out the information that you know. If you disagree with the reasons, you should speak to the officer about your concerns. If you do not want to contact the officer, you may speak or write to their manager.

An internal review of the decision may occur if the:

• information you provide is not already known by the officer
• the manager considers there are grounds for a review.

Our office's formal complaints process can also consider whether the process the officer used was appropriate and complied with our policies and the principles contained in the guardianship laws. Requests for a review of a decision should be made in writing.

If you are still concerned after completion of the complaints process and the internal review of the decision, you can contact the Queensland Ombudsman.