Investigations

The Public Guardian has authority to investigate certain matters under section 17 of the Guardianship and Administration Act 1995.

Investigating complaints

The Public Guardian can investigate complaints or concerns about:

• The actions of a private or enduring guardian
• The actions of anyone acting or claiming to act under an enduring power of attorney
• Any matter relating to action taken or proposed to be taken in relation to an Advanced Care Directive

When should I consider a complaint?

• You are concerned a person with impaired decision-making ability may be at risk of abuse, neglect or exploitation as a result of the actions of a guardian or enduring power of attorney
• You are concerned a guardian or attorney is not acting in the best interests of a person with impaired decision-making ability
• You are concerned the rights of a person with impaired decision-making ability are not being upheld

If you are worried about privacy or safety, you can speak to the OPG about your concerns. The OPG encourages community members and professionals to contact the office to discuss any concerns.

What are the possible outcomes of a complaint?

The Public Guardian can:

• Refer matters to the police or other authorities
• Give advice about making an application to the Tasmanian Civil and Administrative Tribunal, or taking other appropriate actions under the Act.
• Make an application to the Tribunal for the appointment of a guardian or administrator
• Provide advocacy, advice and referral

The Public Guardian’s role is not to bring charges or determine criminal matters.

Investigations for the Tribunal

Under s17, the Public Guardian must also investigate and report on any matter if requested to do so by the Tribunal

This may include:

• Issues surrounding a matter (e.g. an application) before the Tribunal
• The views and wishes of a person at the centre of an application
• The need for a guardian or an administrator