Guardianship and Administration – Reviews, Appeals and Complaints

Overview – Guardianship Review QCAT

If you have a Guardian, Administrator and EPOA appointed to make your decision and you…

• disagree with their decisions
• want to make your own decisions, or
• you want to change your decisions maker

Follow the below steps for a guardianship review with QCAT

Other Helpful Resources

ADA QCAT Application for Review Factsheet

Carers Qld – QCAT Video

QCAT – Information

Office of Public Guardian (OPG) Decisions

Disputing a decision made by the OPG

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.

The Office of the Public Guardian’s handling of complaints is in line with the Department of Justice and Attorney-General’s complaints management policy. An internal review of the decision may occur if the:

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

Our 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.

Reference: https://www.publicguardian.qld.gov.au/guardianship-and-decision-making/getting-a-guardian/disputing-a-decision-made-by-the-opg

Public Trustee Qld (PTQ) Decisions

The below information is all located on the Public trustee Website www.pt.qld.gov.au.

Resolution of complaints

The Public Trustee has a formal policy for dealing with concerns and complaints – see our complaint management policy.

A primary objective of our Complaint Management Policy is to have any concerns or complaints of clients resolved at the place where the service was delivered to the client.

Enabling Complaints

The Public Trustee believes everyone has a right to complain and each complainant will be treated with respect.

Complainants will not be adversely affected because of a complaint made by them or on their behalf.

Our staff will provide reasonable assistance to anyone who asks us to assist with lodging their complaints via any of our communication channels.

Anonymous complaints are welcome; however, identifying details do assist us to investigate and resolve your complaint.

What to do if you have a complaint

1. In the first instance, you should contact the officer you have been dealing with. That officer will attempt to resolve your concerns or complaint.
2. If you are dissatisfied with the response from the officer, you should contact the Regional Manager or the manager of that business unit.
3. You are encouraged to play an active part in the resolution of your concerns or complaint, by providing as much relevant information as possible to enable us to find a solution to the issue in question.
4. If you are dissatisfied with the response of the Regional Manager or manager of the business unit, you have a range of options to have your concern or complaint reconsidered:

• phone our complaints line on 1800 014 536 Monday to Friday 8:15am – 5pm
• email your complaint to: complaints@pt.qld.gov.auor
• write to:

What happens to your complaint?

The Public Trustee takes your complaints seriously and commits to investigating your matter promptly. Complaints are recorded and assessed to determine the nature of the complaint (and complaint category) and how the complaint will be managed.

We may contact you for further information to assist us in investigating the complaint and to respond appropriately.

Generally, complaints are allocated to staff at Manager level or above for investigation and response, to ensure adequate consideration of your concerns. However, dependent on the issue, other relevant staff members who are able to assist may action your complaint.

Your complaint will be acknowledged within 5 business days, and you will be advised of the expected timeframe in which you should receive your reply. We use the information and issues raised in your complaints to inform continuous improvement of the services we provide and our procedures.

How long will it take?

We will try to action your complaint as quickly as possible; however, if an issue is more complex they may require more time to undertake a detailed investigation.

As a guide, the maximum timeframes for complaint responses are:

• Minor Complaint – within 5 business days
• Moderate Complaint – within 14 business days
• Major Compliant – within 28 days
• Privacy Complaint – within 45 days
• Progress Updates – as required

What you can do if your issue is not resolved

• You may request an internal review of the original decision or of the response to your complaint by the Public Trustee. An internal review will examine the original decision and the internal practices used to reach the decision in light of new information or concerns that you have. If an internal review is approved by The Public Trustee, it will take a minimum of 28 working days.

If you wish to request an internal review, please provide a written request to the Complaints Officer outlining your reasons for requesting the review, the decision you wish to have reviewed and any additional information relevant to the decision. Please direct your letter to:

Complaints Officer
GPO Box 1449
The Public Trustee
BRISBANE QLD 4001
or
complaints@pt.qld.gov.au.

If you are not able to put your reasons in writing, please contact the Complaints Officer on 1800 014 536, Monday to Friday, 8:15am – 5pm, to make other arrangements to record your concerns.

After consideration of your reasons for the request, The Public Trustee will make a determination as to whether or not an internal review should be conducted. You will be advised whether an internal review will be conducted within 15 working days of receiving your request. 

You may make a complaint to the Queensland Ombudsman’s office about the administrative processes of The Public Trustee. The Ombudsman investigates complaints about the actions and decisions of Queensland public agencies and their staff that may be unlawful, unreasonable, unfair, improperly discriminatory or otherwise wrong.

If your complaint is not resolved by communicating with The Public Trustee, you can contact the

Queensland Ombudsman:

Write to:

Queensland Ombudsman
GPO Box 3314
BRISBANE QLD 4001

Telephone: (07) 3005 7000
Toll Free (outside Brisbane): 1800 068 908
Fax: (07) 3005 7067

Web: www.ombudsman.qld.gov.au

Personal information about an individual will only be disclosed or used in compliance with all privacy laws and ethical obligations. Please read the privacy statement for more information.

Reference: https://www.pt.qld.gov.au/contact/contact-us/compliments-and-complaints/

Queensland Human Rights Commission

The Queensland Human Rights Commission (QHRC) has the power to receive and conciliate human rights complaints.

If you are not happy with the response from the agency you complained to, you may complain to the QHRC.

On 1 July 2019 the Anti-Discrimination Commission Queensland was renamed the Queensland Human Rights Commission.