Our role

1. Guardianship Board Our role

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

3. About the Guardianship Board “Providing Justice for people with decision-making disabilities” Draft

4. 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

5. 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

6. Hon Michael Atkinson MP Attorney-General Minister for Justice Minister for Multicultural Affairs President* Chief Executive Attorney-General’s Department Executive Director Corporate & Business Services Managing Executive Officer Registrar Mental Health 2 x Board Officers 1 x Administration Officer Deputy Registrar 1 x Application Administrator 1 x Transcription Services Officer 1 x Board Officer Reception G&A Team 3 x Board Officers Support Team 4 x Board Officers Organisational structurePSM Act Staff

7. President* APPEAL DIVISION GENERAL DIVISION 2 x Deputy Presidents 5 x Deputy Presidents 1 x Psychiatrist 4 x Psychiatrists 1 x Professional 8 x Professional 2 x Community 11 x Community Organisational structure Governor appointments

8. 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

9. Applications received as at 30 June 2008 Total 4769 including appeals and reviews

10. Hearings held as at 30 June 2008 Total 4296

11. Orders made as at 30 June 2008 Total 4465

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

13. Applications by diagnosis as at 30 June 2008

14. 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

15. 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

16. Application is received The Process File is Prepared for hearing Authorised by Registrar Listed for hearing Notification letters sent Hearing Orders & distribution Review in 1 to 3 years or as requested

17. What does the Board Do? • Mental Health Act 1993 • Appeals against initial Detention OrdersAppeals 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

18. 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 treatmentconsent 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

19. 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

20. Guardianship & Administration Act application form

30. Mental Health Actapplication form

34. 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

35. 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

36. 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

37. 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!

38. Questions?