sec.118Tribunal advises persons concerned of hearing

### sec.118 Tribunal advises persons concerned of hearing At least 7 days before the hearing of an application about a matter, the tribunal must give notice of the hearing to the adult concerned in the matter and, as far as practicable, to the following— if the adult concerned is not the applicant—the applicant; a spouse of the adult who is in a close and continuing relationship with the adult; any child of the adult who is at least 18 years and who is in a close and continuing relationship with the adult; any parent of the adult who is in a close and continuing relationship with the adult; any sibling of the adult who is in a close and continuing relationship with the adult; if the adult is an Aboriginal person or a Torres Strait Islander—any person who is regarded under Aboriginal tradition or Island custom as a child, parent or sibling of the adult, and who is in a close and continuing relationship with the adult; any primary carer of the adult; all current guardians, administrators and attorneys for the adult; the public guardian; the public trustee; for a proceeding under chapter 5B — the chief executive (disability services); and a relevant service provider providing disability services to the adult; and if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and if the tribunal is aware the adult is a forensic disability client—the director of forensic disability; anyone else the tribunal considers should be notified. If there is no person mentioned in subsection (1) (b) to (f) in existence or able to be located for the adult, the tribunal must give notice of the hearing, as far as practicable, to— a member of the adult’s extended family who is in a close and continuing relationship with the adult; or a person from the adult’s household who is in a close and continuing relationship with the adult. However, the tribunal is not required to give notice to the adult if any of the following apply— the tribunal considers that notice to the adult might be prejudicial to the physical or mental health or wellbeing of the adult; the tribunal considers the adult is evading the hearing; the adult is— temporarily or permanently unconscious; or unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts. Notice to the adult must be given in the way the tribunal considers most appropriate having regard to the person’s needs. However, the adult’s failure to understand the notice does not affect its validity. The tribunal may, by direction under the QCAT Act , section 62 — dispense with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) ; and reduce the time stated in subsection (1) . Subject to subsection (3) , failure to comply with the requirement to give notice to the adult invalidates a hearing and the tribunal’s decision about an application. Failure to comply with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) does not affect the validity of a hearing or the tribunal’s decision about an application. The QCAT Act , section 37 does not apply for the purposes of this section. In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. child includes a stepchild, an adopted child and a person for whom the adult was a foster-parent or guardian when the person was a child. parent includes a step-parent, an adoptive parent, a foster-parent and a guardian. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction. sibling includes a step-sibling, an adopted sibling and a foster-sibling. s 118 amd 2003 No. 87 s 23 ; 2008 No. 23 s 25 ; 2009 No. 24 s 1449 ; 2011 No. 13 s 201 ; 2012 No. 37 s 51 sch ; 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4 ; 2019 No. 9 s 32 (sec.118-ssec.1) At least 7 days before the hearing of an application about a matter, the tribunal must give notice of the hearing to the adult concerned in the matter and, as far as practicable, to the following— if the adult concerned is not the applicant—the applicant; a spouse of the adult who is in a close and continuing relationship with the adult; any child of the adult who is at least 18 years and who is in a close and continuing relationship with the adult; any parent of the adult who is in a close and continuing relationship with the adult; any sibling of the adult who is in a close and continuing relationship with the adult; if the adult is an Aboriginal person or a Torres Strait Islander—any person who is regarded under Aboriginal tradition or Island custom as a child, parent or sibling of the adult, and who is in a close and continuing relationship with the adult; any primary carer of the adult; all current guardians, administrators and attorneys for the adult; the public guardian; the public trustee; for a proceeding under chapter 5B — the chief executive (disability services); and a relevant service provider providing disability services to the adult; and if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and if the tribunal is aware the adult is a forensic disability client—the director of forensic disability; anyone else the tribunal considers should be notified. (sec.118-ssec.2) If there is no person mentioned in subsection (1) (b) to (f) in existence or able to be located for the adult, the tribunal must give notice of the hearing, as far as practicable, to— a member of the adult’s extended family who is in a close and continuing relationship with the adult; or a person from the adult’s household who is in a close and continuing relationship with the adult. (sec.118-ssec.3) However, the tribunal is not required to give notice to the adult if any of the following apply— the tribunal considers that notice to the adult might be prejudicial to the physical or mental health or wellbeing of the adult; the tribunal considers the adult is evading the hearing; the adult is— temporarily or permanently unconscious; or unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts. (sec.118-ssec.4) Notice to the adult must be given in the way the tribunal considers most appropriate having regard to the person’s needs. (sec.118-ssec.5) However, the adult’s failure to understand the notice does not affect its validity. (sec.118-ssec.6) The tribunal may, by direction under the QCAT Act , section 62 — dispense with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) ; and reduce the time stated in subsection (1) . (sec.118-ssec.7) Subject to subsection (3) , failure to comply with the requirement to give notice to the adult invalidates a hearing and the tribunal’s decision about an application. (sec.118-ssec.8) Failure to comply with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) does not affect the validity of a hearing or the tribunal’s decision about an application. (sec.118-ssec.9) The QCAT Act , section 37 does not apply for the purposes of this section. (sec.118-ssec.10) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. child includes a stepchild, an adopted child and a person for whom the adult was a foster-parent or guardian when the person was a child. parent includes a step-parent, an adoptive parent, a foster-parent and a guardian. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction. sibling includes a step-sibling, an adopted sibling and a foster-sibling. - (a) if the adult concerned is not the applicant—the applicant; - (b) a spouse of the adult who is in a close and continuing relationship with the adult; - (c) any child of the adult who is at least 18 years and who is in a close and continuing relationship with the adult; - (d) any parent of the adult who is in a close and continuing relationship with the adult; - (e) any sibling of the adult who is in a close and continuing relationship with the adult; - (f) if the adult is an Aboriginal person or a Torres Strait Islander—any person who is regarded under Aboriginal tradition or Island custom as a child, parent or sibling of the adult, and who is in a close and continuing relationship with the adult; - (g) any primary carer of the adult; - (h) all current guardians, administrators and attorneys for the adult; - (i) the public guardian; - (j) the public trustee; - (k) for a proceeding under chapter 5B — (i) the chief executive (disability services); and (ii) a relevant service provider providing disability services to the adult; and (iii) if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and (iv) if the tribunal is aware the adult is a forensic disability client—the director of forensic disability; - (i) the chief executive (disability services); and - (ii) a relevant service provider providing disability services to the adult; and - (iii) if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and - (iv) if the tribunal is aware the adult is a forensic disability client—the director of forensic disability; - (l) anyone else the tribunal considers should be notified. - (i) the chief executive (disability services); and - (ii) a relevant service provider providing disability services to the adult; and - (iii) if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and - (iv) if the tribunal is aware the adult is a forensic disability client—the director of forensic disability; - (a) a member of the adult’s extended family who is in a close and continuing relationship with the adult; or - (b) a person from the adult’s household who is in a close and continuing relationship with the adult. - (a) the tribunal considers that notice to the adult might be prejudicial to the physical or mental health or wellbeing of the adult; - (b) the tribunal considers the adult is evading the hearing; - (c) the adult is— (i) temporarily or permanently unconscious; or (ii) unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts. - (i) temporarily or permanently unconscious; or - (ii) unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts. - (i) temporarily or permanently unconscious; or - (ii) unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts. - (a) dispense with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) ; and - (b) reduce the time stated in subsection (1) . - (a) an attorney under a power of attorney; or - (b) an attorney under an advance health directive or similar document under the law of another jurisdiction. - (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or - (b) an enduring power of attorney; or - (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or - (d) a similar document under the law of another jurisdiction.