From John Tracey on behalf of “G8252”. “G8252” is a forty year old First Nations man with disabilities living in Brisbane. As this is an open letter I cannot identify him. G8252 is his QCAT file number.
Dear Premier,
The Queensland Civil and Administrative Tribunal (QCAT) has been obstructing a compensation claim by G8252 against the Public Trustee since 2009, first by refusing G8252 the right to spend his own money on a lawyer, then by determining G8252 lacks legal standing to make a legal claim against the Public Trustee. In 2017 I was appointed G8252’s guardian for legal matters and made a claim against the Public Trustee on G8252’s behalf and for five years QCAT has repeatedly stalled the process with long periods of inactivity. The final hearing of the claim was in September 2021 and QCAT has reserved its decision ever since, over fourteen months so far. Justice delayed is justice denied.
I have repeatedly complained to QCAT about the length of time the decision has been reserved. I have complained to the Ombudsman who informed me they did not have the jurisdiction to investigate QCAT and referred me back to QCAT. I complained to the Attorney General who informed me she did not have the jurisdiction to investigate QCAT and referred me back to QCAT.
After repeated complaints about the length of time the decision has been reserved, on 4 February 2022 the President of QCAT Justice Mellifont informed me that the decision would be released – “no later than 19 April 2022”.
After that deadline passed and further complaints, on 1 June 2022 Justice Mellifont told me – “I have since asked the Senior Member to priorities your matter. She expects it to be handed down no later than 31 August 2022”.
After that deadline passed and further complaints, on 14 September 2022 Justice Mellifont told me – “I have been informed that the decision will be handed-down by 14 October 2022.”
After that deadline had passed and further complaints, the Deputy President of QCAT, Her Honour Judge Dann, advised me – “The updated estimate of when the decision will be delivered is 30 November 2022.”
QCAT has a policy of releasing decisions within three months of the final hearing and a duty under the QCAT Act section 119 to deliver decisions in a reasonable time. Fourteen months is not a reasonable time.
The president of QCAT Justice Mellifont told me on 1 June 2022 – ““The QCAT guardianship jurisdiction, in particular, is under resourced and under funded, which causes delays”
QCAT is responsible for ensuring and enforcing the legal rights of people with impaired capacity. If QCAT is so dysfunctional that it cannot administer justice then the legal rights of Queensland’s most vulnerable people are effectively denied to them.
Can you please unblock the blockage to justice for G8252.
Can you please take seriously QCAT’s systemic incapacity to administer justice for Queenslanders with impaired capacity.
The Public Advocate’s 2021 report on the Public Trustee and the ABC Four Corners program on the Public Trustee have shone a bright light on the cruel dysfunction of Queensland’s Adult Guardianship system. G8252 is a case study in the Public Advocate’s report. Justice for G8252 needs to be done and seen to be done. At present the matter is covered up indefinitely.
Please consider the history of this matter –
G8252 is a forty year old Kamilaroi, Kalkadoon, Pitta-Pitta and Koa man. When he was four years old he was in a car accident that left him with permanent injuries to an arm and leg.. His body had to grow before the extent of permanent disability could be assessed so he did not get an insurance compensation payment until he turned eighteen in 2000. G8252 grew up with poverty, racism and disability.
In 2000 G8252 was awarded enough money to buy a house. He wanted to buy a house. His family wanted him to buy a house. He was homeless at the time. The Public Trustee was appointed to manage his insurance payment and they refused to buy him a house and he remained homeless. The Public Trustee invested G8252’s trust assets in the Public Trustee’s own financial products.
In 2002 G8252’s mother successfully applied to the Guardianship and Administration Tribunal (that later became QCAT) for the Public Trustee to be removed and replaced by herself and G8252’s aunt The tribunal approved a financial plan for a home to be purchased for G8252. G8252’s mother was represented at QCAT by solicitor Peter Russo, now the state member for Toohey and husband of the current president of QCAT.
In 2003 a two Bedroom unit in Maroochydore and a thirty acre bush block in Imbil were purchased, providing flexible lifestyle and investment opportunities. G8252 was in gaol at the time and his family were preparing for him to move into his home when was released.
In 2003 after the real estate was bought, the Adult Guardian (now known as Public Guardian) intervened to investigate allegations of financial misappropriation against G8252’s mother. The Public Trustee was temporarily re-appointed and the Adult Guardian was appointed for G8252’s personal decisions such as where he lived and who he had contact with. The Adult Guardian invented an acquired brain injury, that had never been diagnosed, to justify removing G8252’s right to make his own personal decisions.
The Adult Guardian’s investigation found no evidence of misappropriation but, after the investigation, the Public Trustee alleged that legal fees paid by G8252’s mother and aunt to Peter Russo were unlawful. Peter Russo had at the time provided written advice to G8252’s mother and aunt that the payments were lawful. The Public Trustee never initiated legal action against G8252’s mother and aunt, or against Peter Russo who received the money, so the matter was never tested in court. However QCAT accepted the allegations as fact and permanently excluded G8252’s mother from any further appointment. The Public Trustee and Adult Guardian then had full appointment (not temporary) to control G8252’s money and life decisions.
In 2004 The Public Trustee decided to rent out G8252’s Maroochydore unit. As G8252 was not living in the unit, it was a financial asset above Centrelink’s asset test and G8252’s pension was reduced, as well as having to pay rent elsewhere. The rent from the unit did not even cover the Public Trustee’s fees. In 2005 the bush block was sold and in 2007 the Maroochydore unit was sold and all G8252’s trust assets were invested into the Public Trustee’s own financial products, paying very high management fees to do so. The Public Trustee maintained a permanent deficit budget, perpetually depleting G8252’s assets. He could have been getting the full pension, rent from family boarders to cover costs and his real estate appreciating in value, this is what G8252 and his family wanted. The Adult Guardian decided G8252 was not allowed to live with his mother. Between 2004 and 2009 G8252 was homeless, in inappropriate accommodation or remanded in custody for having no fixed address, he spent over a year in gaol.
In 2009 G8252’s family successfully applied to QCAT to have the Adult Guardian removed. G8252’s mother was still banned from being his guardian but he was now allowed to decide where he would live and he returned to his mother’s care where he has been ever since. However G8252’s trust assets had been depleted to the point that he could no longer afford to buy a home With his family’s support, G8252 made an application to QCAT for the Public Trustee to pay compensation for the lost real estate. G8252 asked the Public Trustee to release his own money to retain legal representation but the Public Trustee refused. G8252 applied to QCAT to have the money released to retain a lawyer and QCAT refused. G8252 had enough money to retain a lawyer at the time. QCAT also determined that G8252, even with support, lacked the legal capacity to take action against the Public Trustee, only the Public Trustee had authority to do that. This is reported in the Public Advocate’s 2021 review of the Public Trustee “Preserving the financial futures of vulnerable Queenslanders A review of Public Trustee fees, charges and practices”. G8252 is “Callan” in Case study 5 part 1 (page 124) and Case Study 5 part 2 (page 128), regarding QCAT denying him access to justice and protecting the Public Trustee from litigation.. However the Public Advocate wrongly reports that the matter was eventually resolved in G8252’s favour, only a small side issue was resolved and the real estate compensation claim continued and is still before QCAT today.
In 2016/17 G8252’s family successfully applied to QCAT to have the Public Trustee removed for the purpose of continuing the 2009 compensation claim against the Public Trustee. However by then G8252 did not have enough money left to pay for a lawyer. A person with impaired legal capacity, such as G8252, cannot take action in the Supreme Court unless they are legally represented, they have no right of self representation even with a legal guardian. So the only option for justice available to G8252 was an unrepresented statutory claim at QCAT, which I initiated in 2017 on G825’s behalf. This included the above mentioned small side issue which for some reason QCAT decided to separate from the real estate claim and hear before progressing with the real estate claim.
In 2018 the small side issue mentioned in the Public Advocate’s report was resolved and the Tribunal began hearing the real estate compensation claim.
In 2020 QCAT dismissed the real estate compensation claim and I appealed to the QCAT Appeals Tribunal.
The final hearing of the appeal was on 9 September 2021 and a decision has been reserved ever since, over fourteen months.
Thank you for considering our concerns,
John Tracey on behalf of G8252 and his family
[Posted on 16 Nov 2022 on request of author.]