I Instruct A Solicitor

I Instruct A Solicitor

This is becoming hazy; dealing with smoke and mirrors, where so many people say so many different things, and you feel no-one is ever going to be straight with you.

I confirmed our instructions with a Solicitor in Brisbane, paid the starting fee and gave her authority to deal with QCAT on my behalf.

She came back to me very quickly, to say that she had been in touch with them, and specifically with the case officer for my application; and that the case officer had confirmed that:
"

1. the Application could not be passed on for determination immediately because further information was required from you; 

2. the Application has been passed on for determination with a QCAT Member as of last week;

3. most applications with QCAT have been delayed as a result of COVID-19, including yours; and

4. she cannot provide a time frame in which the Application will be determined as this will depend on the QCAT Member’s workload."

I was very upset by QCAT's response, and replied to the Solicitor by return, clarifying what had actually happened, and appending the e-mails I referred to, which proved the delay had not been down to me:

"Thank you very much for your e-mail received this morning.

Firstly, I am very happy for you to be kept informed of any progress with taking the case for Uncle John before a Tribunal.

Secondly, in reply to the points raised by the case officer:

1) a) Exactly what information did QCAT require from me? When I submitted all the forms in January, I enclosed all the supporting evidence - photographs, lists of people I had already contacted (e.g., Megan Hunt, the British Vice Consul; the Police; a petition to Scott Robinson, Prime Minister of Australia; ADA Australia), plus a list Social Workers from both Princess Alexandra and St Vincent’s Hospitals, who had received confirmation from Uncle John himself, that he wanted us to be told of his progress, and remain in contact with us.

b) It is I who have made all the running, with phone calls, and follow-up e-mails, asking what is going on. QCAT never approached me for any more information.

c) The Office of the Public Guardian’s report was at long last complete and sent to me on 5 May. On 7, May I spoke to the Officer from the OPG; I then e-mailed her, with the name of the case officer at QCAT who was dealing with the matter, and the Case Number. The OPG Officer said she would forward the report on to QCAT.

d) On 7 May, I also e-mailed the Officer at QCAT, to say the Officer at the OPG would be forwarding their report to her. In this e-mail I also wrote “…we have had no updates at all.”

e) Then, when I discovered the Officer at QCAT had not received the report from the OPG, I sent it to her myself, on 14 May.

2) At no time did anyone at QCAT say they required any more details from me. Is it the case they could not proceed until they had the OPG Report? I was told by QCAT, that once they had received the forms, they would be in the process of being dealt with. It now appears we are at the back of the queue.

3) I appreciate there are problems with COVID 19, but people are still able to work from home, and surely there should be a possibility of ensuring business continues - at least in some way - as usual, particularly when it relates to elderly, ill and vulnerable people.

4) If we are now depending on the QCAT Member’s workload, again, is no consideration to be given to the length of time we have already waited? In view of Uncle John’s great age and terminal illness, could it be placed before someone able to bring it forward to achieve a resolution? I feel throughout this whole process, it has been stalled so many times, and if they wait much longer, they won’t have to bother, because Uncle John will be dead. How much longer does he, and we, have to wait?

I will attach the e-mails I sent to the Officers at both the OPG and QCAT, as listed above. I hope they will help you to clarify the position with QCAT.

Looking forward to hearing from you soon.

Yours sincerely

Alexandra

1 c) My e-mail to the OPG on 7 May, with the details for Uncle John's case at QCAT:
1 d) My e-mail to QCAT, sent on 7 May, advising the OPG would be sending the OPG Report.
1 e) My e-mail to QCAT sent on 14  May, forwarding the OPG Report. "

So far, I've had no response. On 5 June, I sent another e-mail to my Solicitor, asking for an update;
I am now in the position of having to say:

 "WATCH THIS SPACE!"