Our role Guardianship Board

Presentation will consist of: Overview of the Guardianship Board Key activities Challenges into the future The process Applications Hearings

Providing Justice for people with decision-making disabilities Draft 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 structure PSM Act Staff Mental Health 2 x Board Officers G&A Team 3 x Board Officers Support Team 4 x Board Officers Executive Director Corporate & Business Services Deputy Registrar 1 x Application Administrator 1 x Administration Officer Managing Executive Officer Hon Michael Atkinson MP Attorney-General Minister for Justice Minister for Multicultural Affairs Chief Executive Attorney-Generals 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 President 1 x Professional or Psychiatrist 1 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

Orders made as at 30 June 2008 Total 4465

Application to hearing date as at 30 June 2008 Total booked 3883

Applications by diagnosis as at 30 June 2008

The Guardianship Board has heard matters directly affecting the safety and well-being of 3578 South Australians from 1 July, 2007 to June 30, 2008

Key challenges 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 is received 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 Order An order may be continued for up to 12 months, to enable inpatient treatment Community Treatment Order This 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 Act application form

Applicants 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?