EC
[2005] WASAT 30
•16 MARCH 2005
JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL
STREAM: HUMAN RIGHTS
ACT: GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
CITATION: EC [2005] WASAT 30
MEMBER: MS D DEAN (MEMBER)
HEARD: ON THE PAPERS
DELIVERED : 16 MARCH 2005
FILE NO/S: PA 702 of 2004
BETWEEN: EC
Applicant
Catchwords:
Administration - Application for withdrawal of review of Administration order
Legislation:
Guardianship and Administration Act 1990 (WA) s 64, s 4(2)(a) and s 4(2)(c)
State Administrative Tribunal Act 2004 (WA)
Result:
Leave granted to withdraw the application for review of the administration order
Category: B
Representation:
Counsel:
Applicant: Self Represented
Solicitors:
Applicant: Self Represented
Case(s) referred to in decision(s):
Nil
Case(s) also cited:
Nil
MS D DEAN (MEMBER):
REASONS FOR DECISION
Background
On 25 January 2001 an administration order was made in respect of EC appointing her daughter EBW plenary administrator with a further order that EBW liaise with her mother’s friend and neighbour, GP, to assist the administrator to keep the represented person informed about her financial affairs. It was further ordered that the administrator, the represented person, and GF have liberty to apply for further directions in relation to the above order.
The administration order in this matter was made by the Guardianship and Administration Board (the Board) on 25 January 2001. That Board ceased to exist as of 24 January 2005. The State Administrative Tribunal (SAT) issues these Reasons under the relevant transitional arrangements.
On 2 December 2004 EBW applied to the Board for a review of the administration order in relation to her mother EC. The application was made by EBW because of her concerns about her mother’s mental and physical state, which had deteriorated to the point where she was no longer able to care for herself. EBW reported that her mother was extremely confused and depressed and frequently threatened suicide.
Subsequent to EBW making the application, EC agreed to move to a residential care facility near EBW resulting in EBW applying to withdraw the application.
On 20 December 2004 EBW wrote to the Board requesting withdrawal of her application for review of the administration order.
The Office of the Public Advocate (OPA) provided the SAT with a report that outlined the background and circumstances of EBW's application for review and subsequent application to withdraw her application for review. According to the report EBW applied for review of the administration order in the mistaken belief that a review would identify and resolve accommodation and care issues in relation to her mother.
Although the accommodation and care issues were subsequently resolved by EC’s move into supported accommodation, OPA raised the issue of the workability of the current order which reflects the fact that EC's friend and neighbour, F, was involved in assisting the administrator, EBW, prior to EC’s move to supported accommodation.
Legislation
Section 64 of the Guardianship and Administration Act 1990 (WA) provides for the appointment of an administrator if a person suffers from a mental disability, is unable to make reasonable judgements in respect of their estate and is in need of an administrator.
This is subject to s 4 of the Act which contains the principles to be observed by the Tribunal and which includes at s 4(2)(c) that an order shall not be made if the needs of the person can be met by other means less restrictive of the person’s freedom of decision and action. The primary concern of the Tribunal shall be the best interests of the proposed represented person s 4(2)(a)
Section 46 of the State Administrative Tribunal Act 1994 (WA) allows for, amongst other things, the Tribunal to give leave for an applicant to withdraw their application.
Findings and Reasons
The Tribunal is satisfied that there are no issues raised by the application for review that require review. The applicant mistakenly believed that the application would resolve accommodation and care issues in relation to her mother EC. The accommodation and care issues no longer exist as EC is now residing in supported accommodation near her daughter.
The issue of the workability of the current administrative order has been noted by the Tribunal. It was further noted that the administrator, the represented person, and GF have the liberty to apply for further directions in relation to the order that EBW liaise with her mother's friend and ex-neighbour, GP, to assist the administrator to keep the represented person informed about her financial affairs.
Decision
The Tribunal gives leave for EBW to withdraw her application for review of an administration order in respect of her mother EC.
I certify that this and the preceding four pages comprises the reasons for decision of the member who heard this matter.
___________________
Ms Donna Dean
Member
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