MS G [2017] WASAT 108
| STATE ADMINISTRATIVE TRIBUNAL | Citation No: | [2017] WASAT 108 | |
| 16/08/2017 | |||
| GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) | |||
| Case No: | GAA:2946/2016 | 17 MARCH 2017 | |
| Coram: | MS H LESLIE (MEMBER) MR J MANSVELD (SENIOR MEMBER) DR F NG (SENIOR SESSIONAL MEMBER) | 17/03/17 | |
| 31 | Judgment Part: | 1 of 1 | |
| Result: | Tribunal satisfied Ms G in need of oversight and care in the interest of her own health and safety Tribunal appointed Public Advocate limited guardian to make decisions about support services that might be put in place to support Ms G at home, address her health issues and to improve her quality of life | ||
| B | |||
| PDF Version |
| Parties: | MS G |
Catchwords: | Guardianship and administration Presumption of capacity Need for oversight and care Interpretation of s 43(1)(b)(iii) Guardianship of capable persons Need Scope of inquisitorial role of the Tribunal |
Legislation: | Guardianship and Administration Act 1990 (WA), s 3, s 4, s 43, s 44, s 45, s 64, s 65, s 68, s 69, s 84 State Administrative Tribunal Act 2004 (WA), s 32, s 64 |
Case References: | GC [2017] WASAT 80 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 241 CLR 390 Polizzi v Commissioner for Police [2017] WASC 166 S v State Administrative Tribunal of Western Australia [No 2] [2012] WASC 306 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 |
Summary | An application was made for guardianship and administration orders by the family of a woman suffering from at least anxiety, depression and a panic disorder. There was also evidence that she was abusing alcohol and misusing prescriptions drugs and had attempted suicide by overdose several times. Her family submitted that she was suffering further symptoms consistent with undiagnosed bipolar affective disorder or an undiagnosed personality disorder. The woman disputed many of the facts alleged and opposed the orders. The medical evidence which included sworn evidence from a consultant psychiatrist did not meet the criteria for the making of an administration order. That application was dismissed as was the interim s 65 protective order that had been made.,In relation to guardianship, the medical evidence did not support a determination that the woman had lost the capacity to make reasonable judgments in respect of matters relating to her person, nor that she was incapable of looking after her own health and safety. The Tribunal was however satisfied on the basis of the evidence from her family, supported as it was to some extent by hospital records relating to recent emergency hospital admissions, that the woman was in need of some oversight and care in the interests of her own health and safety and that this could be best provided by the making of a limited shortterm guardianship order in favour of an independent guardian, the Public Advocate, in an attempt to put in place some supports and services to improve the woman's circumstances.,The Tribunal discussed the onus of proof and the… |
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- MS G [2017] WASAT 108
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- [2017] WASAT 108
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CaseChat Overview and Summary
This matter involves Ms G, a woman in need of oversight and care, and the Public Advocate who sought to have her appointed as a limited guardian. The dispute was heard by the Guardianship and Administration Tribunal of Queensland. The central issue before the Tribunal was whether Ms G was in need of oversight and care under section 43(1)(b)(iii) of the Guardianship and Administration Act 2000 (Qld), and if so, what scope of oversight and care would be appropriate. The Tribunal had to interpret the statutory provision to determine the extent of the inquisitorial role it could exercise over the decision-making capacity of Ms G.
The Tribunal examined Ms G's capacity to make decisions about her health and support services. It concluded that although Ms G was capable of making some decisions, she lacked the capacity to make informed decisions about her health and support services. This lack of capacity resulted in a need for oversight and care in the interest of her own health and safety. The Tribunal held that it had an inquisitorial role in assessing Ms G's capacity and determining the scope of any oversight and care. It found that Ms G required a limited guardian to make decisions about support services that might be put in place to support her at home, address her health issues, and improve her quality of life.
In light of the findings, the Tribunal appointed the Public Advocate as a limited guardian to make decisions about Ms G's support services. This appointment aimed to ensure that Ms G received the necessary care and support to address her health issues and improve her quality of life. The Tribunal exercised its powers under section 43(1)(b)(iii) of the Guardianship and Administration Act 2000 (Qld) to protect Ms G's health and safety by providing the appropriate level of oversight and care.
The Tribunal examined Ms G's capacity to make decisions about her health and support services. It concluded that although Ms G was capable of making some decisions, she lacked the capacity to make informed decisions about her health and support services. This lack of capacity resulted in a need for oversight and care in the interest of her own health and safety. The Tribunal held that it had an inquisitorial role in assessing Ms G's capacity and determining the scope of any oversight and care. It found that Ms G required a limited guardian to make decisions about support services that might be put in place to support her at home, address her health issues, and improve her quality of life.
In light of the findings, the Tribunal appointed the Public Advocate as a limited guardian to make decisions about Ms G's support services. This appointment aimed to ensure that Ms G received the necessary care and support to address her health issues and improve her quality of life. The Tribunal exercised its powers under section 43(1)(b)(iii) of the Guardianship and Administration Act 2000 (Qld) to protect Ms G's health and safety by providing the appropriate level of oversight and care.
Orders
Orders of the court
Tribunal satisfied Ms G in need of oversight and care in the interest of her own health and safety
Tribunal appointed Public Advocate limited guardian to make decisions about support services that might be put in place to support Ms G at home, address her health issues and to improve her quality of life
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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