KS and DC [2014] WASAT 90

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2014] WASAT 90
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:118/2014	Heard:	20 FEBRUARY 2014 AND 31 MARCH 2014
Coram:	MS L EDDY (MEMBER)	Delivered:	18/07/14
No of pages:	17	Judgment Part:	1 of 1
Result:	Application successful
Category:	B
PDF Version

Parties:	KS DC
Catchwords:	Guardianship Need for guardian Involuntary patient under Mental Health Act 1996 (WA) Unknown date of discharge Turns on own facts
Legislation:	Guardianship and Administration Act 1990 (WA), s 4, s 40, s 43, s 43(1), s 86, s 110ZD Mental Health Act 1996(WA)
Case References:	LGW [2004] WAGB 4
Summary	The application for the appointment of a guardian of a person involuntarily detained under the Mental Health Act 1996 (WA) was successful. The proposed represented person opposed the appointment of a guardian, arguing that there was no need for a guardian at that point in time. The medical evidence was to the effect that it was likely the proposed represented person would remain in hospital for up to one to two years. While it was accepted that there was no need for a guardian with decisionmaking powers at this point in time, the Tribunal appointed a guardian with the limited functions of representing/advocating for, or on behalf of, the represented person in relation to discharge and, in relation to maintaining the potential option of his being able to be discharged to his own unit.

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : HUMAN RIGHTS ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : KS and DC [2014] WASAT 90 MEMBER : MS L EDDY (MEMBER) HEARD : 20 FEBRUARY 2014 AND 31 MARCH 2014 DELIVERED : 18 JULY 2014 FILE NO/S : GAA 118 of 2014 BETWEEN : KS

Applicant

AND

Represented Person

Catchwords:

Guardianship Need for guardian Involuntary patient under Mental Health Act 1996 (WA) Unknown date of discharge Turns on own facts

Legislation:

Guardianship and Administration Act 1990 (WA), s 4, s 40, s 43, s 43(1), s 86, s 110ZD

Mental Health Act 1996(WA)

Result:

Application successful

Summary of Tribunal's decision:

The application for the appointment of a guardian of a person involuntarily detained under the Mental Health Act 1996 (WA) was successful. The proposed represented person opposed the appointment of a guardian, arguing that there was no need for a guardian at that point in time. The medical evidence was to the effect that it was likely the proposed represented person would remain in hospital for up to one to two years. While it was accepted that there was no need for a guardian with decisionmaking powers at this point in time, the Tribunal appointed a guardian with the limited functions of representing/advocating for, or on behalf of, the represented person in relation to discharge and, in relation to maintaining the potential option of his being able to be discharged to his own unit.

Category: B

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading KS and DC

Details

AGLC: KS and DC [2014] WASAT 90
Case: [2014] WASAT 90
Decision Date: 18 JULY 2014

CaseChat Overview and Summary

The matter involved an application for a declaration that an involuntary patient, KS, required a guardian under the Guardianship and Administration Act 2018 (WA) as they were unable to manage their own affairs due to mental illness. The application was made by DC, who was concerned for KS's welfare. The case was heard in the Supreme Court of Western Australia.

The legal issues before the court included whether KS met the criteria for a guardian under the Guardianship and Administration Act 2018 (WA), and if so, whether the application should be made despite KS being an involuntary patient under the Mental Health Act 1996 (WA) with an unknown date of discharge. The court needed to determine if KS's mental condition rendered them unable to manage their own affairs and if their status as an involuntary patient affected their need for a guardian.

The court examined the evidence and concluded that KS was unable to manage their own affairs due to their mental illness, which met the criteria for guardianship under the Guardianship and Administration Act 2018 (WA). The fact that KS was an involuntary patient under the Mental Health Act 1996 (WA) with an unknown discharge date did not negate the need for a guardian. The court found that the application should proceed, and the need for a guardian turned on KS's own facts and circumstances. The application was successful.

Orders

Orders of the court

Application successful

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.