sec.85Application to tribunal and basis for appointment

### sec.85 Application to tribunal and basis for appointment The chief executive may apply to QCAT for an order appointing a stated person as administrator to a registered service. On the filing of the application, QCAT must fix a time for hearing the application as soon as possible. QCAT may make the order if it is satisfied— the appointment is reasonably necessary to protect the health or safety of the residents in the service; and the proposed appointee is suitable and eligible for appointment under section 86 . In deciding whether the appointment is reasonably necessary, QCAT must have regard to the following matters— the services usually provided to the residents in the course of the registered service; whether it appears the service provider is unwilling or unable to provide the services, or provide the services properly, because, for example, the service provider can not be located, is unwell or is in financial difficulties; the likely consequences for the residents if the services are not provided or are not provided properly, having regard, in particular, to the capacity of the residents to safeguard their own interests; the likely consequences of the appointment, of which the tribunal is aware, for the service provider and anyone else likely to be affected. Before making the application, the chief executive— must consider whether it would be more appropriate to take steps other than applying for the appointment, or not to take any steps; and may consult with the service provider, the residents, the disability services department or another entity. s 85 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 734 (sec.85-ssec.1) The chief executive may apply to QCAT for an order appointing a stated person as administrator to a registered service. (sec.85-ssec.2) On the filing of the application, QCAT must fix a time for hearing the application as soon as possible. (sec.85-ssec.3) QCAT may make the order if it is satisfied— the appointment is reasonably necessary to protect the health or safety of the residents in the service; and the proposed appointee is suitable and eligible for appointment under section 86 . (sec.85-ssec.4) In deciding whether the appointment is reasonably necessary, QCAT must have regard to the following matters— the services usually provided to the residents in the course of the registered service; whether it appears the service provider is unwilling or unable to provide the services, or provide the services properly, because, for example, the service provider can not be located, is unwell or is in financial difficulties; the likely consequences for the residents if the services are not provided or are not provided properly, having regard, in particular, to the capacity of the residents to safeguard their own interests; the likely consequences of the appointment, of which the tribunal is aware, for the service provider and anyone else likely to be affected. (sec.85-ssec.5) Before making the application, the chief executive— must consider whether it would be more appropriate to take steps other than applying for the appointment, or not to take any steps; and may consult with the service provider, the residents, the disability services department or another entity. - (a) the appointment is reasonably necessary to protect the health or safety of the residents in the service; and - (b) the proposed appointee is suitable and eligible for appointment under section 86 . - (a) the services usually provided to the residents in the course of the registered service; - (b) whether it appears the service provider is unwilling or unable to provide the services, or provide the services properly, because, for example, the service provider can not be located, is unwell or is in financial difficulties; - (c) the likely consequences for the residents if the services are not provided or are not provided properly, having regard, in particular, to the capacity of the residents to safeguard their own interests; - (d) the likely consequences of the appointment, of which the tribunal is aware, for the service provider and anyone else likely to be affected. - (a) must consider whether it would be more appropriate to take steps other than applying for the appointment, or not to take any steps; and - (b) may consult with the service provider, the residents, the disability services department or another entity.