Our investigative powers

We have a right to obtain all information necessary to investigate allegations of abuse or neglect. The Public Guardian Act 2014 gives us the power to:

• make people produce financial records and accounts
• access any relevant information, including medical, disability-support and aged-care documents.

Standard of proof

Our investigations must prove allegations of abuse and neglect to the civil standard of proof, which is called 'balance of probabilities'(more likely than not).

We do not seek to prove the allegations to the higher, criminal standard of proof, which is called 'beyond reasonable doubt'.

Referrals

During our investigation, we’ll sometimes refer people to other agencies or services to achieve a more holistic outcome and/or address concerns outside the scope of our investigation.

Evidence of criminal activity may be referred to the Queensland Police Service.

Anonymity and confidentiality

We generally don’t reveal your identity to other parties involved. We also won’t confirm it, if someone thinks you made the request.

Any confidential information we obtain during our investigation won’t be disclosed to anyone, except in limited circumstances. For example, we must hand the information over if a court subpoenas the information or we’re given a ‘notice to produce’, and we need to provide sufficient information to the person who the complaint is made about to ensure they have the opportunity to respond to allegations raised.

If the disclosure could lead to you being harmed, we can apply to a court or tribunal to oppose the subpoena or notice to produce.

Confidential information obtained in investigations is exempt from the Right to Information (RTI) Act, which means people can’t access it via an RTI request.

3. We act

Any action we take during or after our investigations will depend, along with other considerations, on the level of risk to the adult.

If the adult has someone making decisions for them

If we find evidence that the adult’s formal decision-maker (such as an attorney, guardian, and/or administrator) or informal decision-maker is abusing or neglecting them, we may:

• apply to QCAT to arrange alternative decision-making for the adult
• suspend the attorney’s power to make decisions for the adult. During this time, the Public Guardian and/or Public Trustee will automatically be appointed as attorney for the adult to make personal, healthcare, or financial decisions for up to three months, while QCAT schedules a hearing to hear the applications made.
• supervise the attorney, guardian, or administrator for a set period of time
• provide formal advice to the attorney about their actions, including their responsibilities, obligations, and the specific rules they must follow for financial matters
• educate the attorney, guardian and/or administrator on their role and responsibilities, if they made a decision that was unintentionally harmful or outside their powers.

If the adult doesn’t have someone making decisions for them?

If we find evidence of self-neglect and the adult doesn’t have a formal decision-maker but needs decisions to be made, we may apply to QCAT to appoint a guardian or administrator to help make the right decisions for them.

QCAT may appoint:

• a family member or friend of the adult.

If there’s no suitable person available, QCAT may appoint:

• the Public Guardian (us) for relevant personal, healthcare, and non-financial legal decisions
• the Queensland Public Trustee as administrator for financial decisions.

Informal resolutions

We may resolve cases informally in situations like these:

• If an attorney is acting inappropriately or not doing their job properly without realising it, we can explain how their actions might be unlawful and remind them of their responsibilities.
• If there’s family conflict and the adult’s needs aren’t being met, we can refer the family to a mediation service to help them work through their disagreements.

When we discontinue our investigation and take no action

We’ll discontinue our investigation and take no action if, for example:

• we find no evidence of abuse or neglect
• there is insufficient evidence to suggest the adult has impaired decision-making ability
• the adult’s situation has changed. For example:
  • the concerns that led to the investigation are no longer an issue
  • someone else has applied to QCAT to appoint a guardian or administrator for the adult
  • the adult’s decision-making arrangements have changed and now seem suitable and effective.

Investigation outcome

When we finish our investigation, we’ll notify the following people about our findings and the investigation’s outcome either by phone and/or in writing (usually through a letter):

• you (the person who requested the investigation)
• the respondent (if we make adverse findings about their conduct)
• the adult's attorney, guardian and/or administrator
• the adult’s personal representative if the adult has passed away.

More information

• How to recognise abuse and neglect
• Before requesting an investigation
• How to request an investigation