our role guardianship board. presentation will consist of: overview of the guardianship board key...

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Our role Our role Guardianship Board Guardianship Board

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Page 1: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Our roleOur roleGuardianship BoardGuardianship Board

Page 2: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Presentation will consist of:

• Overview of the Guardianship Board• Key activities• Challenges into the future •The process • Applications• Hearings

Page 3: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

““Providing Justice Providing Justice for people with for people with decision- decision-making making disabilities” disabilities” DraftDraft

About the Guardianship Board

Page 4: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

About the Guardianship Board

The Guardianship Board has jurisdiction under the Guardianship and Administration Act 1993 and the Mental Health Act 1993

Unique throughout Australia combines:• Guardianship Tribunal • Mental Health Review Tribunal

Page 5: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

What is the Guardianship Board?

• Court-like Tribunal• Makes decisions affecting the lives and property of others (due to mental illness/mental incapacity)• Board relies upon receiving applications• Conducts semi-formal hearings• Matters dealt with expeditiously

Page 6: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Organisational structurePSM Act Staff

Mental Health 2 x Board Officers

G&A Team3 x Board Officers

Support Team4 x Board Officers

Executive Director Corporate & Business

Services

Deputy Registrar1 x Application Administrator

1 x Administration

Officer

ManagingExecutive Officer

Hon Michael Atkinson MPAttorney-GeneralMinister for JusticeMinister for Multicultural Affairs

Chief ExecutiveAttorney-General’s

Department

1 x Transcription Services Officer

1 x Board Officer Reception

President*

Registrar

Page 7: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Organisational structure Governor appointments

APPEAL DIVISION

2 x Deputy Presidents

1 x Psychiatrist

1 x Professional

2 x Community

President*

GENERAL DIVISION

5 x Deputy Presidents

4 x Psychiatrists

8 x Professional

11 x Community

Page 8: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Board structure•Guardianship and Administration applications are heard before a full Board by:

1 x President or Deputy President1 x Professional or Psychiatrist1 x Community Member

•Most Mental Health applications are heard before a Single Member

•All Orders must be least restrictive on the protected person

Page 9: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Applications received as at 30 June 2008

Total 4769 including appeals and reviews

Page 10: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Hearings held as at 30 June 2008

Total 4296

20861628

582

0

500

1000

1500

2000

2500

Guardianship &Administration

matters

Mental Healthmatters

Appeals heard inHospital

Series1

Page 11: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Orders made as at 30 June 2008

Total 4465

19511775

739

0

500

1000

1500

2000

2500

Mental Health ActOrders

Guardianship &Administration Act

Orders

Adjourned, revoked orwithdrawn Orders

Page 12: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Application to hearing date as at 30 June 2008

2 Months29%

1 Month61%

3 Months6%

Over 3 Months

4%

Total booked 3883

Page 13: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Applications by diagnosis as at 30 June 2008

6%

22%

9%

60%

3%

Acquired Brain Injury

Dementia

Intellectual Disability

Mental Health Disorder

Other

Page 14: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

The Guardianship Board has The Guardianship Board has

heard matters directly affecting heard matters directly affecting

the safety and well-being of the safety and well-being of

35783578 South Australians from 1 South Australians from 1

July, 2007 to June 30, 2008July, 2007 to June 30, 2008

Page 15: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Key challenges 2008-2009• Electronic exchanges of information with Public Trustee, Mental Health Services, and the Probate Registry

• Re-development and launch of our website

• Upgrades to the Client Management System

• Memorandums of Understanding with Mental Health Services and Disability Advocacy Services

• Options for conflict management• Preparation for new legislation

Page 16: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

The Process

Authorised by Registrar

Listed for hearing

Notification letters sent

Hearing

Orders & distribution

Review in 1 to 3 years or as requested

Application isreceived

File is Prepared for hearing

Page 17: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

What does the Board Do?Mental Health Act 1993• Appeals against initial Detention Orders

Appeals division of Board hears appeals against detention by Psychiatrists

• Continuing Detention OrderAn order may be continued for up to 12 months, to enable inpatient treatment

• Community Treatment OrderThis requires a person with a mental illness to receive compulsory treatment for up to 12 months

• Board can provide consent to ECT

Page 18: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

What does the Board Do?Guardianship and Administration Act 1993• Guardianship Order – Guardian to make lifestyle

and medical treatment decisions• Administration Order – Administrator to manage

financial property and legal affairs• Consent to treatment

consent to medical and dental treatment if person cannot give informed and effective consent, and no alternative decision-maker

• Prescribed Medical Treatment Sterilisation, Termination of Pregnancy need specific consent to Board

Page 19: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Applications• Applications submitted on prescribed

forms• Applications need to be well thought out

and prepared• Applicants to complete all relevant

sections of form• Must include written evidence from

doctor or psychologist regarding mental capacity

Page 20: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Guardianship & Administration Act

application form

Page 21: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications
Page 22: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications
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Mental Health Actapplication form

Page 31: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications
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Page 34: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Applicant’s Responsibilities• Arrange for subject of application to attend hearing

• Inform the Board of all interested parties• Advise the Board of special

arrangements ie; interpreter, security• Evidence (or attendance) of agencies or

another person willing to undertake additional duties

• Section 32 Powers, evidence required that health & safety at risk if not provided

Page 35: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Guardianship Board Hearings• Hearings less formal than Court proceedings

• Not required to give evidence under oath• All hearings recorded by either audio or

video• Most G&A matters heard before full

board• Most matters heard on-site in

Collinswood• Video conference facilities available for

regional hearings

Page 36: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Presenting information before the Board• Board makes decisions based upon

evidence presented• Clear information and plans are required• Applicant must present a coherent

argument for orders and/or decisions they seek

• Brief history of application should be provided

• Applicant state:- Type order sought- Duration- Any limitations required

Page 37: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Presenting information before the Board

• Identify any changes in behaviour• Why is the application being sought now?• Outline to the Board a plan outlining

lifestyle changes• Remember, information presented is

available to everyone who attends• Prepare, prepare, prepare!

Page 38: Our role Guardianship Board. Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications

Questions?