KNN – Application for review of guardianship order made on 28 January 2011 by the PUBLIC GUARDIAN
[2013] TASGAB 4
•24 April 2013
GUARDIANSHIP AND ADMINISTRATION BOARD
BURNIE
KNN – Application for review of guardianship order made on 28 January 2011 by the PUBLIC GUARDIAN
Neutral citation: KNN (Review Guardianship) [2013] TASGAB 4
REASONS FOR DECISION
Leanne Topfer (Chair)
Abigail Bindoff (Board member)
Grant Kingston (Board member)
Date of hearing: 28 March 2013
Guardianship – review - ‘need’ for a guardian - unstable living arrangements – lack of communication between Public Guardian and represented persons support network
Guardianship and Administration Act, 1995 s. 67
This is an application under Section 67 of the Guardianship and Administration Act 1995 for review of a Guardianship Order.
The represented person is KNN (“KNN”) who is 26 years of age who currently lives in a housing department unit. He has an intellectual disability and has been diagnosed as suffering from schizophrenia.
On 28 January 2011, the Board appointed the Public Guardian as KNN’s guardian pursuant to Part 4 of the Guardianship and Administration Act 1995. The Order was reviewed on 13 January 2012 and an Order was further made that the Public Guardian continue as KNN’s guardian for a period of three years until 12 January 2015.
An application for review of the Guardianship Order was made by the Public Guardian and received on 22 January 2013 and was heard on 28 March 2013 in Burnie. The applicant was represented by Kylie Hillier who attended by telephone in part, representatives from the Public Trustee were present and the social worker Patricia Bock and Sue Pallot from Mission Australia.
The Board had available for its consideration the Guardian’s Annual Report and the application for review. The grounds for the application were that there was no need for a Guardianship order as the Guardian had not made a decision for KNN over the past twelve months. The report indicated in part:
“…All interested parties agree that KNN does not require a guardian. He is compliant with his medication, and there are no plans to change his accommodation. Further, he engages with his support services.”
The report further indicated that:
“KNN lives in his Housing Tasmania unit. He has support from PHAMS and a case manager from ACMHs. He receives domestic assistance and his father supports him to do his shopping.”
The report indicates that an officer from the Public Guardian contacted KNN on 19 April 2012, where it stated “General conversation – no issues” and again on 10 January 2013 where it was stated “Overview of how going and need for guardianship.”
At the hearing, Sue Pallot (Sue) gave evidence that KNN was not coping in his unit. Because of KNN’s aggressive and abusive behaviour, Anglicare have pulled out of providing five hours’ care a week for KNN, but two hours’ assistance has now been secured through North West Residential Services and the care to be provided will be with male workers only. Sue said this is not sufficient and KNN’s tenancy is currently in jeopardy. There will be an attempt made to reapproach Anglicare,
Patricia Bock agreed with Sue Pallot that KNN was very vulnerable to exploitation by other people. He would not pass a housing inspection if one occurred. Sue further gave evidence that KNN has recently been in trouble with the police and fighting in his unit. He has two black eyes but would not lay charges. Police have had to be called to the unit.
Both Sue and Patricia agreed that KNN needs supported accommodation and would not survive without assistance, but current arrangements are in jeopardy. They agreed that this situation had deteriorated since January. He has no strategies for dealing with problems and he is bored. He is generally compliant with medication and is on a Depot program to assist dealing with his schizophrenia diagnosis. However Patricia stated that he sometimes says he won’t co-operate with respect to taking the medication.
Ms Hillier then joined the hearing by telephone as delegate of the Public Guardian. She advised that she had not heard from KNN for some time, that she had had no approaches from carers; she was not aware of any current issues and could not do anything about them in any event. Ms Hillier stated that in the past she would make a decision and there would be no follow-through.
The evidence before the Board clearly indicated a lack of communication between the Office of the Public Guardian and KNN’s support network.
It is the Board’s view that the lack of contact between the OPG and KNN means that the OPG is not aware of the issues arising for KNN. The Board was also disappointed that the support workers do not appear to have consulted the OPG about issues in the last couple of months.
Taking into account KNN’s vulnerability, his insecure living arrangements and his recent brushes with the law, on balance the Board considers that the Public Guardian ought to continue as the represented person’s guardian for a further twelve months. The Board is not prepared to make a longer appointment at this time. The Board is of the view that a continuation of the Guardianship Order for a further twelve months is appropriate to enable some consultation to occur, particularly with respect to KNN’s living arrangements and lifestyle issues.
The Board expressed its disappointment to KNN’s support workers and the Public Guardian at the lack of communication between the parties and requested the parties to engage in further consultation in an effort to address his best interests, particularly his living arrangements and lifestyle issues.
THE BOARD ORDERS
That the Public Guardian continue as the represented person’s guardian.
That the power and duties of the guardian be those conferred by Division 3 of Part 4 of the Guardianship and Administration Act 1995.
That the Order remains in effect to 27 March 2014.
DATED this 24th day of April 2013.
LEANNE TOPFER ABIGAIL BINDOFF GRANT KINGSTON
CHAIRMEMBER MEMBER
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