Advocacy & investigations

The Office of the Public Advocate can, on request, examine the personal and financial welfare of people with decision-making disabilities in order to advocate on their behalf.

The advocacy provided to individuals with decision-making disabilities includes:

• investigation of the circumstances of those people for whom an application to appoint a guardian or administrator is made to the State Administrative Tribunal
• representation at hearings of the Tribunal by providing comprehensive information and recommending on the need for a guardian or administrator
• responding to community concerns that a person is in need of a guardian or administrator or is under an inappropriate guardianship or administration order.

As part of the investigation process, the Public Advocate either:

• seeks to determine if an application to the Tribunal is necessary, or
• provides recommendations to the Tribunal on the need for a guardianship and/or administration order (when an application to the Tribunal has been made).

In conducting investigations the Public Advocate:

• examines and reports at hearings of the Tribunal on whether it is in the best interests of adults with decision-making disabilities to have a guardian or administrator appointed
• advocates for the appointment of a guardian or administrator when there is no other way of meeting the person's needs
• investigates complaints or allegations from the public that a person with a decision-making disability may be at risk of neglect, exploitation or abuse and may be in need of a guardian or administrator, or may be under an inappropriate order
• investigates whether a person held in custody under the Criminal Law (Mentally Impaired Accused Act) 1996 is in need of a guardian and/or administrator.

In carrying out their inquiries, investigators gather as much information as possible. This usually involves interviewing friends, family and service providers and seeking the views of the person who is the subject of the application or community referral.

Investigators play a key role in seeking referrals to service providers for the represented person and in helping family members to become better informed about the role of substitute decision makers.

Investigations may identify ways to resolve a problem without the need for a guardianship or administration order. This is consistent with the principles set out in Section 4 of the Guardianship and Administration Act 1990, which are to seek the least restrictive way to resolve matters.

Last Updated: 29-Apr-2009