Woman's condition leaves her unable to control volume
A WOMAN with a loud voice "like a foghorn" was ordered out of public housing.
An appeal in the unusual case raised questions about tenancy issues for people with mental health issues.
The elderly woman had a vocal cord condition that made her talk in "a loud penetrating voice like a foghorn," Queensland Civil and Administrative Tribunal heard.
The Sunshine Coast woman in her seventies was a long term public housing tenant, living in a unit in a duplex.
Her voice sparked complaints from nearby residents.
The Housing and Public Works department persuaded QCAT to terminate the tenancy on "objectionable behaviour grounds".
The woman's attorney argued she'd be unjustly made homeless if the order was carried out but QCAT rejected that claim.
The woman's attorney appealed.
It was argued her behaviour was not "objectionable" because it was an involuntary symptom of mental illness.
Justice Tim Carmody of QCAT Appeals said the woman also had chronic paranoid schizophrenia, post-traumatic stress disorder and painful arthritis.
The woman's attorney said the department could have taken "noise mitigation" steps or moved her somewhere she wouldn't disturb neighbours.
The tenant's appeal claimed a "statutory misinterpretation" had happened.
Justice Carmody examined the Residential Tenancies and Rooming Accommodation Act.
He said there was evidence that the woman had no capacity to control her actions.
Leave to appeal on three grounds was refused. The appeal itself was dismissed but leave was granted to appeal on three other grounds. -NewsRegional