our role guardianship board. presentation will consist of: overview of the guardianship board key...
TRANSCRIPT
Our roleOur roleGuardianship BoardGuardianship Board
Presentation will consist of:
• Overview of the Guardianship Board• Key activities• Challenges into the future •The process • Applications• Hearings
““Providing Justice Providing Justice for people with for people with decision- decision-making making disabilities” disabilities” DraftDraft
About the Guardianship Board
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
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
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
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
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
Applications received as at 30 June 2008
Total 4769 including appeals and reviews
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
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
Application to hearing date as at 30 June 2008
2 Months29%
1 Month61%
3 Months6%
Over 3 Months
4%
Total booked 3883
Applications by diagnosis as at 30 June 2008
6%
22%
9%
60%
3%
Acquired Brain Injury
Dementia
Intellectual Disability
Mental Health Disorder
Other
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
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
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
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
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
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
Guardianship & Administration Act
application form
Mental Health Actapplication form
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
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
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
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!
Questions?