SID (Procedural)

[2012] TASGAB 32

GUARDIANSHIP AND ADMINISTRATION BOARD
HOBART

SID – Interim decision regarding the appointment of an Australian legal practitioner to assist the Board in proceedings

Neutral citation: SID (Procedural) [2012] TASGAB 32

REASONS FOR DECISION

Anita Smith (President)

29 October 2012

Procedural – appointment of legal practitioner pursuant to section 10 – first application of its type – subject of application unable to speak

Guardianship and Administration Act 1995 s 10
Disability Services Act 2011 Part 6

1. This decision relates to the Board’s consideration of whether a person should be appointed to assist Board in proceedings pursuant to section 10 of the Guardianship and Administration Act 1995.  

1. On 23 August 201, the Board received an application for approval of a restrictive intervention pursuant to Part 6 of the Disability Services Act 2011 with respect to SID.  This is the first application under the Act since the legislation commenced on 1 January 2012. 

1. SID is a 19 year old man with autism spectrum disorder.  According to a report by Kristen Webb-Foss, registered psychologist, SID experiences deficits in expressive and receptive communication.  He can communicate by gesture for ‘yes’ and ‘no’ and has some other signs for particular expressions. 

2. Mr. Wong of the Legal Aid Commission of Tasmania has visited SID on the request of the Board and has established that SID wishes to have assistance with respect to the application and would be unable to represent himself in this application. 

1. In light of the above, the Board considers it is appropriate to appoint an Australian legal practitioner from the Legal Aid Commission of Tasmania to assist the Board in these proceedings.

Anita Smith                

PRESIDENT