Role of Public Advocate at guardianship hearings

Perth Guardianship Lawyer

The Public Advocate of Western Australia has an important role when it comes to attending and preparing reports for guardianship hearings.

The Public Advocate has a wide range of powers and functions, including investigating complaints about guardianship arrangements, providing advice to the Minister for Disability Services on guardianship matters, and promoting awareness of guardianship issues.

The Office of the Public Advocate also provides support and advice to guardians and interested persons on guardianship matters.

Often, the State Administrative Tribunal of Western Australia will make an order for the Public Advocate to do an investigation and prepare a report in advance of a guardianship hearing.

Typically, the specific orders made by the Tribunal include:

  • The application is referred to the Public Advocate pursuant to s 97(1) of the Guardianship and Administration Act 1990 (WA) for investigation and report to the Tribunal prior to the hearing on the following: (a) whether the proposed represented person is in need of an administrator; (b) if an administration order is to be made, who would be suitable and willing to be appointed; (c) what are the views and wishes of the proposed represented person regarding the issues arising in this proceeding; and (d) all other matters the Public Advocate considers relevant.

  • The Public Advocate is requested to attend the hearing to advance the best interests of the proposed represented person.

  • The Tribunal will provide to the Public Advocate a copy of all documents received by the Tribunal for the purposes of this proceeding.

  • The Public Advocate is at liberty to apply pursuant to s 35 of the State Administrative Tribunal Act 2004 (WA) for orders for the production of documents relevant to her investigation.

  • The Public Advocate is at liberty to apply for the hearing to be brought forward to an earlier date should this be considered necessary in the best interests of the proposed represented person.

On behalf of my clients, when this occurs, I liaise with staff at the Office of the Public Advocate in the lead-up to the hearing.