Brisbane family challenges Queensland’s adult guardianship laws

 Media Release 26/8/07 contact John Tracey (07) 32552146

Brisbane family challenges Queensland’s adult guardianship laws

A Brisbane family who has a member with an intellectual disability has organised a protest against Queensland’s guardianship laws.

 

The protest will be next Wednesday, the 29 August 2007 at 9.00 am. outside the Brisbane Magistrate’s Court, 240 Roma St. Brisbane.

(a client of the Adult Guardian is appearing before a magistrate there)

 

The protest will open with a traditional Aboriginal dance from family member Baganan Kurityityin Theresa Creed.

This will be followed by a forum chaired by Drew Hutton from the Qld. Greens

 

Spokesperson for the Family John Tracey says….

 

“We have called this protest to shine a light on Queensland’s adult guardianship laws”

 

“Qld. Guardianship laws are a totalitarian regime that encourages neglect, incompetence and cover-ups. People with intellectual disabilities are being allowed to fall through cracks in the system, some are ending up in gaol”.

 

“The only agency in Queensland authorised to investigate claims of neglect or abuse of Queensland adults with intellectual disabilities by their guardians is the Office of the Adult Guardian. The Office of the Adult Guardian is itself the legal guardian for many Queenslanders with impaired capacity. Therefore the only agency capable of investigating allegations of neglect and abuse by the Adult Guardian is the Adult Guardian itself – a clear conflict of interest.”

 

“The Guardianship and Administration Act was designed to be independent of the Attorney General and the Justice Department in order to avoid political interference. Because of this insulation it has become a law unto itself, with nobody including the Attorney General being able to investigate into its secret workings.”

 

“We are calling on the Queensland Attorney General to immediately take the Guardianship and Administration Act back to parliament and amend it to include some form of accountability structure for the Office of the Adult Guardian”.

 

“The Adult Guardian’s responsibilities to wards of the state can only be accountable, scrutinisable and transparent if its guardian function is separated from its investigative function.”

 

“ The Office of the Adult Guardian must be split into two separate agencies”.

 

“Our family has suffered the consequences of the system’s neglect, incompetence and cover-ups. We would love to speak openly about it but we have had a suppression order preventing us from doing so.”

 

“Like many Queensland families we will not see justice done until the Office of the Adult Guardian is reformed”

 

For more information or interviews contact John Tracey

ph. (07) 32552146

email kurityityin@yahoo.com

 

See also

https://paradigmoz.wordpress.com/2007/08/15/picket-to-demand-justice-for-people-with-intellectual-disabilities-and-their-families-Brisbane/

Background……….

I have considered the following carefully and I honestly believe it does not breach the restrictions placed on me about discussing this issue.

If there is a problem, I accept full and sole responsibility. – JT

The matters before the magistrates court on Wednesday relate to a person with a mild intelectual disability.

Four years ago this person owned a beachside unit and a 30 acre block of bushland on the Sunshine Coast. These were paid for by an insurance payout for orthopaedic injuries sustained in a car accident when he was 4 years old.

These two properties were selected by the persons family to provide an appropriate and fulfilling lifestyle for him.

Before he was able to move into these properties the Adult Guardian intervened and handed control of his assetts to the Public Trustee because they considered it an inappropriate use of money to buy a bush block as well as a primary residence. The money should be left in the bank they insisted.

The Adult Guardian then placed this person in an accomodation option of their choice and restricted contact with his mother and her family.

The car accident happened when this person was 4 years old. He had to wait until he was 18 before compensation could be awarded. As a child he lived in desparate poverty, as many Aboriginal people do, and was cared for by his single mother and grandmother. Because of his learning disability (not connected to the accident), his slow recuperation from terrible wounds and the stigma associated with his wounds his upbringing was difficult.

Today he is 25 years old and still has never recieved any benefit at all from his accident compensation payment.

A usual fee charged by the Public Trustee to administer the assetts of a person in a situation such as this is over one hundred dollars per week. They appear to be the only people who may be benefiting from this persons compensation payout.

For most of the past year this person has been homeless. He has lived in parks for most of this time and now he is in a hostel close to Fortitude Valley . He still spends much time walking around the inner city, especially at night.

The Adult Guardian have resisted moves by his family to get him out of the inner city, insisting his present hostel is the best possible accomodation option – despite him being (theoretically) wealthy enough to buy or build a mansion customised to his every need.

When he was living in the Park they refused to allow him to go to his family on Palm Island, insisting that living in the park was a better option than Palm Island.

This person has very dark skin and attracts the attention of the police when he walks around.

He has been arrested many times in the last year for various street offences and continues to get in regular trouble with the police.

He is in court on Wednesday and is facing imprisonment for these accumulated offences.

Before the Adult Guardian’s intervention this person was a wealthy land owner with allmost infinite lifestyle options. Since the Adult Guardian’s intervention he has settled into a homeless lifestyle and is now facing gaol.

I alledge that since, and as a direct result of, the Adult Guardian’s intervention the person’s mother has suffered a heart attack and two accute anxiety eposodes resulting in her becoming incapacitated . She is now on a disability pension.

The person (son) has been assessed by the same clinical psychologist 4 years ago, 7 years ago and aprox 15 years ago as having depressive and psychiatric conditions as well as not being able to cope with separation from his mother.

This same clinical psychologist reports have also explicitly reported that the person has never had a head injury after examination of all his medical reports since his accident.

The Adult Guardian and the GAAT (informed by the Adult Guardian) insist that the person has no depressive or psychiatric condition.

The GAAT (informed by the Adult Guardian) has deemed the person as lacking the capacity to make his own decisions on the basis of a brain injury as a result of his car accident.

The Adult Guardian’s information directly contradicts assesments by 3 separate psychiatrists who clearly and explicitly state the person has the capacity to make decisions about his life.

The Adult Guardian have no medical assessments to support their departure from the prior assessments.

The decision whether to retain a solicitor for the person to represent his interests in these matters is made exclusively by the Adult Guardian, his guardian for legal matters. If such a solicitor was retained, they would be instructed exclusively by the Adult Guardian.

The persons family are not legally able to seek legal advice on behalf of the person.

The persons family are not legally able to initiate legal action for the person as the Adult Guardian has that exclusive power.

All these issues have been presented to the GAAT which has either dismissed them without giving reasons why or refused to hear them alltogether.

This is why we have taken the drastic step of a public picket. We can think of no other option but political action to pursue the interests of the person.

This is why I have taken the risky step of putting this information here. There is no other forum or authority than “the people” for us to take our concerns to. We have exhausted all other avenues.

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16 Comments

Filed under australia, disability, justice

16 responses to “Brisbane family challenges Queensland’s adult guardianship laws

  1. It is now 2012.
    The Qld Civil and Administrative Tribunal GAAT continues unabated to fail to accurately assess and make fair decisions on behalf of the frail and disabled citizens seeking their assistance.
    Handed over by GAAT to the control of the corrupt and inhumane practices of the Qld Office of the Adult Guardian, many citizens are currently being denied basic human rights.
    Is there anyone out there still wanting to fight this corrupt system?
    We need a combined voice
    Phone Diane Bates on 07 33890823 or email me on daniels.shield@yahoo.com

    • YesMinister

      The QCAT members I’ve encountered have been total dimwits who quite obviously took on the job because they were completely incapable of surviving in the real world. Compared with previous tribunals that enshrined at least a token attempt at accountability & transparency, the present clowns have managed to erect substantial barriers to ward off even the most concerted attempts to address the myriad problems created by the ineptitude of members. Furthermore ancillary disaster cases the Public Guardian / Public Trustee are vigorously protected even though they more often than not create far more problems than they resolve. One can only hope that the new QLD government & Attorney General prove to be slightly more enlightened than the previous numbskulls, especially the imbecilic boy blunder.

    • Yes Minister

      I’m getting very close to having sufficient dirt on the unholy alliance of QCAT, the Public Trustee, the Adult Guardian & the Public Advocate that no current affairs programmer could ignore the matter. Anyone wishing to attack any of the aforementioned should contact me via any of the various blogs or victim support groups. The new Attorney General is also taking an interest however she is still a politician, consequently I suggest a united front is indicated.

      • Thetruthwillsetyoufree

        I am very interested in speaking with you. How do I get in contact?

      • Yes Minister

        0466166105

      • Michael John Curley

        Our mother has been taken by the OPG and our financial affairs are now being managed by the public trustee. This has caused us so much misery, that I would happily join hands with others in a public protest or something along those lines. Feel free to contact us on 0466074203

    • praxidice

      The latest episode in the life and times of a certain victim of the kangaroo court and the Public DIS-trustee begins with said victim attempting to extricate themself from the clutches of the aforementioned bloodsucking parasites. Firstly, lawyers acting for, and representing the interests of the Public DIS-trustee, have decided to fund themselves by helping themselves to their victims bank account. Note particularly that this was done with full approval of the kangaroo court. After discussing this with a number of other interested parties, I have come to the conclusion that its not a once off event but rather something that has been going on since time immemorial. When the victim attempted to retain a private lawyer (who is required by the Legal Services Commission to observe certain standards), Public DIS-trustee lawyers suggested they would prevent their victim from using the victims own funds for a private lawyer. Now there are ostensibly laws against a lawyer acting for opposing parties, but as we all know, laws are considered optional by the kangaroo court and the Public DIS-trustee. When asked to intervene, the Legal Services Commission advised that it will not accept a complaint by a member of the public against staff of a government department (note the Public DIS-trustee is a private organization when convenient for deniability but a government department when that works better for grubs incorporated), although it will accept a complaint made by a lawyer. This requirement can only be viewed as a blatant attempt to silence dissent about bent government lawyers since any lawyer whether in private practice or otherwise who raised a hand against a member of the brotherhood would be immediately ostracized. According to official kangaroo court complaints documentation, the buck stops at the president of the kangaroo court however it fails to mention that said president doesn’t respond to complaints.. Its unclear whether or not the Legal Services Commission will take action against a president of the kangaroo court (supreme court judge) but it must be considered highly unlikely as these clowns are in a position to ensure they are well protected.

  2. Ingrid

    OMG – I’m so happy to find you! Will phone – regards Ingrid

    Have been cut off internet for past four days – only on temporary connection which keeps falling out ….

    • Diane Bates

      Hello Ingrid
      Are you interested in details of a very recent legal challenge to QCAT in Qld re a well documented adult guadianship case.
      You can contact me at the email below if you wish to know more.
      Good to know someone is working on these issues.
      Diane Bates

      • geoffrey bentley

        A freind in Charleville Qld sent his mother to Toowoomba for hip surgery.daughter in Toowoomba,gained power in attorney,property and funds, $70K freind was denied access to mum.Bupa nursing home,stopped all contact mum/freind.my wife and I assisted freind in relocation of mum.back to Charleville.ie we took home;Bupa applied to have adult guardian and public trustee appointed;funds still tied up by adult guardian and public trustee,to their financial advantage.Walk quietly and carry a big stick;anachy applies when govt,separates and then becomes a parasite.the only appropriate negoiation with all levels of qld legal services, is as you would approach any dangerous reptile.

  3. Thanks for sharing this information! It’s fascinating how birth mother laws are different around the world. Very informative.

  4. YesMinister

    Are you people still on the warpath against the Public Guardian ?? if so I’d love to compare notes as I have two different matters (two separate adults) that need to be addressed.

  5. Irate whistleblower

    I concur with previous contributors regarding the Public Guardian / Public Trustee. These evil enterprises really need to be abolished.

  6. A story about the relationship between the Public Guardian, the Public Trustee and QCAT, it is called Troika … http://workersbushtelegraph.com.au/2015/05/30/troika-public-trustee-public-guardian-queensland-civil-administration-tribunal/

  7. praxidice

    The Committee to Expose the Public Trustee is preparing a group submission to the Crime and Corruption Commission and its expected to be lodged within a couple of weeks, depending on availability of relevant kangaroo court transcripts, medical reports etc.

    We have identified a number of recurring issues and each and every complainant providing affidavits as part of the joint submission will elaborate on their experiences with the recurring issues. Our intention is to demonstrate conclusive and definitive proof of serious and systemic problems involving not only members of the triune beast (kangaroo court, Adult Guardian and Public Trustee) but also cover-ups by the Premier, Deputy Premier, Attorney General, kangaroo court president and a whole raft of bureaucrazies (MIS-spelling intended).

    Previous attempts by individual complainants to get the CCC off its backside failed because the complaints from individuals were easily discounted as isolated aberrations and the work of a troublemaker, however its somewhat more difficult to discount corroborated reports from a dozen or more parties. Its highly likely that the well-connected high flyers who are on the take will attempt to block the CCC, so we intend to employ a number of other measures to bring the issues to the attention of the sheeple at the same time the CCC submission is filed. The Public Trustee is demonstrably a mutant dog that wags two tails, one being the Adult Guardian and the other being the kangaroo court. These entities collectively (the triune beast) are only the front for extremely influential and well-connected folk within the Queensland Investment Corporation and these are believed to be the real power brokers. A cursory check of ‘who’s who in the QIC zoo’ reveals all.

    What promises to make the circus infinitely more interesting in the near future is some equally influential contacts we’ve made …. very prominent people who have been instrumental in bringing other political and bureaucratic grubs to account in the past and who have been concerned for some time about the endemic corruption in kangaroo courts, Adult Guardians and Public Trustees. Whilst the immediate focus is the Queensland situation, its inevitable that equivalent problems in all states and territories will be exposed due to the flak that will be flying around. One can only keep the lid on a pressure-cooker for a limited time, eventually it must come off with a far bigger explosion that would otherwise eventuated had any semblance of natural justice been allowed to exist. If perchance anyone not already involved is interested in taking an active part in the best opportunity that has ever existed to whack the grubs, I suggest you get in contact with one of the committee members ASAP

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