SID (Procedural) Summary

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

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.

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.

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.
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.

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

CaseChat Overview and Summary

The interim decision of the Guardianship and Administration Board of Tasmania, presided over by Anita Smith, addresses the appointment of an Australian legal practitioner to assist the Board in proceedings under section 10 of the Guardianship and Administration Act 1995. The decision was made in response to an application for approval of a restrictive intervention concerning SID, a 19-year-old with autism spectrum disorder who has significant communication deficits. The application under the Disability Services Act 2011 marked the first of its kind since the Act commenced on 1 January 2012.

The primary legal issue before the Board was whether an Australian legal practitioner should be appointed to assist in the proceedings, given SID's inability to represent himself. The Board had to consider SID's communication challenges and his expressed desire for assistance, as well as the implications of his incapacity to speak on his own behalf. The Board's decision hinged on the interpretation and application of section 10 of the Guardianship and Administration Act 1995, which allows for the appointment of legal assistance in specific circumstances.

In reaching its decision, the Board acknowledged that SID's severe communication deficits made it impossible for him to participate effectively in the proceedings without assistance. The Board also noted that SID had expressed a wish to receive assistance in the application process. Given these factors, the Board concluded that appointing an Australian legal practitioner from the Legal Aid Commission of Tasmania was appropriate to ensure SID's interests were adequately represented. This appointment aimed to facilitate SID's participation in the proceedings and safeguard his rights.

The Board approved the appointment of the legal practitioner to assist in the proceedings, ensuring that SID's interests were properly represented. This decision was made in light of SID's specific needs and the requirements of the relevant legislation, aiming to provide the necessary support for him to engage in the legal process.

SID (Procedural)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established