In guardianship and administration proceedings, the State Administrative Tribunal (SAT) is responsible for interpreting and applying the provisions of the Guardianship and Administration Act (GA Act) to ensure the best interests of vulnerable individuals are upheld.
This blog post explores how the Tribunal engages in statutory interpretation in relation to the provisions of the GA Act, using insights from the decision in GG [2021] WASAT 133.
Protective Nature of the GA Act
The GA Act is a form of protective legislation designed to provide safeguards for individuals with impaired cognition, who may be at risk of making decisions contrary to their best interests or vulnerable to the decision-making of others (SM[2015] WASAT 132 at [7]).
It allows for the appointment of guardians for personal decision-making and administrators for financial decision-making under specific circumstances.
Principles Governing the GA Act
The starting point for any proceedings under the GA Act is the observance of the principles set out in section 4.
The primary concern of the Tribunal is the best interests of the person in respect of whom orders have been made or proposed (referred to as the represented person) (GG [2021] WASAT 133 at [27]).
Other principles include the presumption of capacity, the need for orders to be necessary and least restrictive, and the consideration of the represented person's views and wishes (GG [2021] WASAT 133 at [27]).
Key Provisions Relevant to Guardianship and Administration Orders
The process involved in making guardianship and administration orders can be summarised in the following steps, as outlined in SM (GG [2021] WASAT 133 at [28]):
1. Determine the represented person's capacity.
2. If incapacity is established, assess whether the represented person is in need of guardianship and administration orders.
3. If orders are needed, decide the authority granted to the guardian and administrator, who should be appointed, and the review date.
Statutory Interpretation of the GA Act
To resolve matters in contention and apply the GA Act, the Tribunal must engage in statutory interpretation, ensuring that each provision is interpreted consistently with the language and purpose of the entire statute (GG [2021] WASAT 133 at [30]). Key considerations and approaches that promote this objective include:
a) Anchoring the construction of legislation in the text itself, but considering its context and purpose (GG [2021] WASAT 133 at [30]).
b) Considering statutory context from the beginning of the interpretation process (GG [2021] WASAT 133 at [30]).
c) Favouring constructions that promote congruity or coherence between intersecting provisions (GG [2021] WASAT 133 at [30]).
d) Ensuring each provision in a legislative instrument has 'work to do' (GG [2021] WASAT 133 at [30]).
e) Taking into account the existing state of the law, the history of the legislative scheme, and the mischief the statute is directed at (GG [2021] WASAT 133 at [30]).
f) Identifying legislative purpose through objective statutory construction, rather than searching for legislators' intentions or superimposing a 'desirable' policy objective (GG [2021] WASAT 133 at [30]).
Key Take-aways
The process of statutory interpretation plays a critical role in the application of the GA Act in guardianship and administration proceedings.
By adhering to the principles and key provisions of the GA Act, and engaging in a thoughtful process of statutory interpretation, the Tribunal ensures that the best interests of vulnerable individuals are protected and upheld.