RG [2006] WASAT 265

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2006] WASAT 265
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:414/2006	Heard:	5 APRIL 2006 AND 13 JUNE 2006
Coram:	MS F CHILD (MEMBER)	Delivered:	1/09/06
No of pages:	23	Judgment Part:	1 of 1
Result:	Public Advocate appointed plenary guardian Public Trustee appointed plenary administrator
Category:	B
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Parties:	RG
Catchwords:	Guardianship and Administration Psychiatric illness Involuntary patient under the Mental Health Act 1996 Need for a guardian to determine where she should live, to consent to services, medical treatment and contraception, and to act as guardian ad litem for legal proceedings – Section 110 of the Mental Health Act – Role of Chief Psychiatrist – Community treatment order
Legislation:	Guardianship and Administration Act 1990 (WA), s 4, s 43, s 43(1), s 43(1)(b), s 44(5), s 50, s 51, s 64, s 64(1) Mental Health Act 1996 (WA), s 26, S 26(1)(b), s 68, s 68(1)(b)(i), s 110 State Administrative Tribunal Act 2004 (WA), s 78
Case References:	AB [2005] WASAT 303 DON [2005] WASAT 193 Donaldson v Broomby (1982) 40 ALR 525 EO v MHRB [2000] WASC 203 MM and the Mental Health Review Board (Unreported; Supreme Court; Library No 990093; 4 March 1999) MM and the Mental Health Review Board, unreported; Supreme Court; Library No 990093; 4 March 1999 NCK [2004] WAGB 6 Re LGW [2004] WAGAB 4 Re MC [2004] WAGAB 5 Nil

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : HUMAN RIGHTS ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : RG [2006] WASAT 265 MEMBER : MS F CHILD (MEMBER) HEARD : 5 APRIL 2006 AND 13 JUNE 2006 DELIVERED : 1 SEPTEMBER 2006 FILE NO/S : GAA 414 of 2006 BETWEEN : RG

Represented Person

Catchwords:

Guardianship and Administration - Psychiatric illness - Involuntary patient under the Mental Health Act 1996 - Need for a guardian to determine where she should live, to consent to services, medical treatment and contraception, and to act as guardian ad litem for legal proceedings – Section 110 of the Mental Health Act – Role of Chief Psychiatrist – Community treatment order

Legislation:

Guardianship and Administration Act 1990 (WA), s 4, s 43, s 43(1), s 43(1)(b), s 44(5), s 50, s 51, s 64, s 64(1)

Mental Health Act 1996 (WA), s 26, S 26(1)(b), s 68, s 68(1)(b)(i), s 110
State Administrative Tribunal Act 2004 (WA), s 78

Result:

Public Advocate appointed plenary guardian

(Page 2)

Public Trustee appointed plenary administrator

Category: B

Representation:

Counsel:

Represented Person : Self-represented at first hearing, No Appearance at second hearing

Solicitors:

Represented Person : N/A

Case(s) referred to in decision(s):

AB [2005] WASAT 303
DON [2005] WASAT 193
Donaldson v Broomby (1982) 40 ALR 525
EO v MHRB [2000] WASC 203
MM and the Mental Health Review Board (Unreported; Supreme Court; Library No 990093; 4 March 1999)
MM and the Mental Health Review Board, unreported; Supreme Court; Library No 990093; 4 March 1999
NCK [2004]…

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.

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Details

AGLC: RG [2006] WASAT 265
Case: [2006] WASAT 265
Decision Date: 1 SEPTEMBER 2006

CaseChat Overview and Summary

The case involved RG, who was an involuntary patient under the Mental Health Act 1996. RG's primary concern was the need for a guardian to make decisions about her living arrangements, consent to medical services and treatment, and to act as her guardian ad litem in legal matters. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The central legal issues were whether RG required a plenary guardian under section 110 of the Mental Health Act, and if so, who should be appointed to this role. Additionally, the court needed to consider the role of the Chief Psychiatrist and whether a community treatment order should be issued.

The tribunal found that RG did require a guardian to make decisions on her behalf, given her psychiatric illness and the inability to make informed decisions independently. It was established that the Public Advocate was the appropriate person to be appointed as RG's plenary guardian, given their expertise and resources. The tribunal considered the submissions of the Chief Psychiatrist, who recommended that a community treatment order should be made, but ultimately determined that such an order was not necessary in this case. The tribunal also appointed the Public Trustee as RG's plenary administrator to manage her financial affairs.

The tribunal's final orders were that the Public Advocate be appointed as RG's plenary guardian and the Public Trustee as her plenary administrator. These appointments were made to ensure RG's wellbeing and interests were protected, while also considering her rights as an involuntary patient under the Mental Health Act.

Orders

Orders of the court

Public Advocate appointed plenary guardian

Public Trustee appointed plenary administrator

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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