Costs and feesThere are no fees for guardianship and administration applications to the Tribunal. In most cases, parties are required to pay their own costs associated with the hearing, including any expenses of attending the hearing, the costs of any witnesses they call and any legal costs they incur. The Tribunal does not generally award costs but in certain circumstances may order costs to be paid from the Estate of a represented person or proposed represented person, or may order one party to pay another party’s costs.

The Tribunal may also order payment of its costs of the proceeding.

How do I know what information the Tribunal has?The Guardianship and Administration Act 1990 gives parties certain rights to inspect, or otherwise have access to, documents on the Tribunal’s file unless the Tribunal orders otherwise.

To request access to documents, contact the Tribunal’s support staff on 9219 3111.

StateAdministrativeTribunal

Western Australia

StateAdministrativeTribunal

Western Australia

Contact usAddress: State Administrative Tribunal Ground Floor, 12 St Georges Tce Perth, WA 6000

Postal address: GPO Box U1991 Perth WA 6845

Phone: (08) 9219 3111 or 1300 306 017

Fax: (08) 9325 5099

Email: info@sat.justice.wa.gov.au

Website: www.sat.justice.wa.gov.au

Guardianship and Administration Act 1990

Information concerning conduct of hearings

This brochure is part of the notice of hearing and is given to the applicant and the person whom the application concerns.

What orders can the Tribunal make?The Tribunal may make orders including to: appoint a plenary or limited guardian or guardians;

• appoint a plenary or limited administrator or administrators;

• declare that an enduring power of attorney is in effect;

• revoke or vary the terms of an enduring power of attorney; and

• dismiss the application.

What are guardianship and administration orders?A guardianship order appoints a guardian to make personal, medical or lifestyle decisions for a person with a decision-making disability.

An administration order appoints an administrator to make legal and financial decisions for a person with a decision-making disability.

What are plenary and limited appointments? A plenary appointment allows a guardian or administrator to make all the decisions and perform all the functions that the represented person could themselves if they did not have a disability. A limited appointment allows a guardian or administrator to make only the decisions or perform only the functions specified in the order.

Review of guardianship and administration ordersGuardians and administrators may be appointed for up to five years. The Tribunal must review each order when it expires.

A represented person, a guardian or administrator, or the Public Advocate may seek review of an order before the date of the Tribunal’s review. Other persons may seek leave to apply for review at any time.

At a review hearing the Tribunal may confirm or amend the order, revoke the order, or substitute a new order.

Principles to be observed by the TribunalThe Tribunal must act according to the following principles:

• its primary concern must be the best interests of the person whom the application is about.;

• every person is presumed capable of making decisions for themselves until the contrary is proved to the Tribunal’s satisfaction;

• a guardianship or administration order must not be made if there is a less restrictive means of meeting the person’s needs;

• orders must impose the least possible restrictions on the person’s freedom of decision and action; and

• the Tribunal must seek to ascertain, as far as possible, the views and wishes of the person concerned

Entitlement to appear and representation before the TribunalImportant decisions that affect you may be made at the hearing which will be held on the day and at the time and place given on the enclosed Notice of Hearing.

You have a right to attend this hearing and the Tribunal encourages you to do so.

You may represent yourself or you may be represented by a lawyer at your own cost. With permission of the Tribunal another person of your choice may represent you.

In some circumstances, the Tribunal may direct the Executive Officer to apply on behalf of a person for legal aid under the Legal Aid Commission Act 1976.

The Tribunal may hear from any person who, in the opinion of the Tribunal, has a proper interest in the proceedings, or it may adjourn any hearing and direct that a person should be given the opportunity to be heard.

• appoint a plenary or limited guardian or guardians;