Reviews and Appeals

Reviews

Where the Guardianship Board makes a guardianship or administration order it is required to review the order on a regular basis.

Where the Board has authorised the detention of a person the review must take place within six months of the making of the order and after that at least yearly. In the case of other orders the Board must review its order at least every three years.

Where the person's circumstances have changed, for example, the person has recovered from the mental incapacity and can make he or his own decisions, or new information becomes available, the Board may review its orders earlier than the date specified in the order. The Board is reliant upon interested people (such as family, friends or carers) contacting the Board and requesting a review if they believe the Board order is no longer appropriate or necessary. To request an early review, any new information should be supplied in written form and addressed to the Registrar of the Guardianship Board.

Appeals

If people involved in a Guardianship Board hearing (including the person with a mental incapacity) believe the Board has made the wrong decision they have the right to:

require the Board to provide a written Statement of Reasons for its decision
challenge the Board's decision by seeking leave (or permission) to appeal to the Administrative and Disciplinary Division of the District Court of South Australia. In cetain limited cases a further appeal to the Supreme Court is possible. The Board or the Court can grant leave to appeal. Leave to appeal is not necessary for detention appeals or for appeals against Board decisions relating to sterilisation.

A request for a Statement of Reasons should be made as soon as possible, but can be made up to three months after the hearing. If a person intends appealing it should be requested as soon as possible. Depending upon the nature of the decision being appealed against, the Guardianship and Administration Act 1993 provides time limits for the making of an appeal. However, in general terms appeals against guardianship or administration orders must be lodged within twenty eight days of the hearing or receiving a Statement of Reasons, whichever is the later event.

Under the Guardianship and Administration Act 1993 the Board must give the person with a mental incapacity a written statement of the effect of the Board's decision, the person's appeal rights and details of how to lodge an appeal. If you disagree with the Board's decision you should check with the Board concerning the specific time limits and procedures for making an appeal after the hearing.