Skip to main content
Department of Justice
Image of people
Office of the Public Advocate
Print page
  • Small Text
  • Medium Text
  • Large Text

Role of the State Administrative Tribunal

The State Administrative Tribunal is an independent statutory body responsible for appointing a guardian or administrator in the best interests of a person with a decision-making disability. 

An application to the Tribunal to appoint a guardian or administrator may be necessary when problems affecting the life of the person with a decision-making disability cannot be resolved in a less formal way. Applications for the appointment of a guardian may also be necessary in cases where there are concerns about a person being abused, exploited or neglected.

The Tribunal:

Careful consideration is given to each application filed with the Tribunal, which works to safeguard the best interests of the person by:

  • assuming in the first instance that each person for whom an application is made is competent and capable of making their own decisions unless conclusively proved otherwise
  • appointing a guardian or administrator only when there is no other appropriate way of meeting the person's needs which would be less restrictive of their freedom of decision and action
  • limiting the authority of an appointed substitute decision-maker to those areas in which the person is experiencing problems and requires decision-making support
  • as much as possible, respecting the wishes of the person with a decision-making disability and taking those wishes into account in any decisions that are made on their behalf.

State Administrative Tribunal hearings

If an application for the appointment of a guardian (and/or administrator) has been made the Tribunal will conduct a hearing. People with an interest in the person for whom an application has been made will be given the opportunity to put forward their views about what they believe is in the person's best interests.

Wherever possible, the person whose decision-making ability is being considered will also have an opportunity to state his or her views and preferences.

The State Administrative Tribunal also considers other information and reports, which have been submitted about the circumstances and needs of the person concerned, before making a determination about:

  • whether the person has a decision-making disability
  • the impact of the disability on the person's ability to manage their own life and the extent to which they are capable of managing their own affairs
  • whether a least restrictive alternative such as an Enduring Power of Attorney or an Enduring Power of Guardianship is operating effectively and in the person’s best interests
  • whether the appointment of a guardian and/or administrator is in the best interests of the person with a decision-making disability
  • whether a guardian or administrator should make decisions relating to specific areas (a limited order) or in all matters (plenary order)
  • the person most suitable to take on the role of guardian or administrator
  • how long the order remains in force before being reviewed
  • whether the person is capable of voting in parliamentary elections.

The Tribunal is required legally to review each order within five years but a review may be conducted sooner.

The Tribunal may review an order at any time on the application of the person concerned, their guardian or administrator, the Public Advocate or any person to whom the Tribunal grants leave to apply for review.

Last updated: 29-Jan-2020

[ back to top ]

Home | Feedback | Copyright and Disclaimer | Privacy Statement |  DoJ HR Kiosk |  Webmail
Department of Justice |  Births, Deaths and Marriages |  Court and Tribunal Services |  Public Trustee
All contents copyright Government of Western Australia. All rights reserved.