Ms CARTER - 2004-02-17
I congratulate the minister on her elevation. Last month, the Deputy Coroner, Elizabeth Morris, investigated the death of Rita Anderson, and found that, and I quote from the NT News:
What steps have been taken to pursue these actions, and when will they be completed?
ANSWER
Madam Speaker, I thank the member for her question. The member has had a briefing in relation to this issue and, as often has been repeated in this Assembly in terms of pointing to one specific case, we cannot keep looking at just a single issue. In regard to adult guardianship and the coroner’s report, that act sets out a process whereby an individual’s decision-making rights are removed and a substitute decision-maker, who is the legal guardian, is appointed. You would know, through your briefing, that this process involves the registration of the application, either with the local court or the Adult Guardianship executive officers. There are a number of things that you go through in that process which you have been briefed about and, as part of that briefing, there was an undertaking to come back to you with information which is something that has been provided as soon as possible.
When adult guardianship is made, some of those orders can be temporary. They can last for 90 days, or conditional, it could go for about two years. It can cover decisions in relation to accommodation, health care, day-to-day care, training and rehabilitation and financial management. As we all know, guardianship does not include the right to give consent to restrain an individual, which was highlighted in the coroner’s report. The act specifically refers to all decisions being made in the individual’s interest, and also less restrictive. The Mental Health and Related Services Act is the only act which includes a right to restrain an individual, and this is within a specified time frame. The Mental Health Tribunal is the only body which can specify how and where a restrain is allowed.
- … the extent of powers and orders made under the Adult Guardianship Act needed to be clarified, …
and that,
… the Adult Guardianship Board’s practice and procedures need to be reviewed to better manage and expedite applications.
What steps have been taken to pursue these actions, and when will they be completed?
ANSWER
Madam Speaker, I thank the member for her question. The member has had a briefing in relation to this issue and, as often has been repeated in this Assembly in terms of pointing to one specific case, we cannot keep looking at just a single issue. In regard to adult guardianship and the coroner’s report, that act sets out a process whereby an individual’s decision-making rights are removed and a substitute decision-maker, who is the legal guardian, is appointed. You would know, through your briefing, that this process involves the registration of the application, either with the local court or the Adult Guardianship executive officers. There are a number of things that you go through in that process which you have been briefed about and, as part of that briefing, there was an undertaking to come back to you with information which is something that has been provided as soon as possible.
When adult guardianship is made, some of those orders can be temporary. They can last for 90 days, or conditional, it could go for about two years. It can cover decisions in relation to accommodation, health care, day-to-day care, training and rehabilitation and financial management. As we all know, guardianship does not include the right to give consent to restrain an individual, which was highlighted in the coroner’s report. The act specifically refers to all decisions being made in the individual’s interest, and also less restrictive. The Mental Health and Related Services Act is the only act which includes a right to restrain an individual, and this is within a specified time frame. The Mental Health Tribunal is the only body which can specify how and where a restrain is allowed.
Last updated: 09 Aug 2016