Reviewing a Guardian's decision
What can I do if I am unhappy with a decision?
If you don’t agree with a guardian’s decision, you can:
- Ask the guardian to explain the decision and talk about your concerns
- If you feel that the decision was made with incorrect or incomplete information, you can speak or write to the guardian and tell them what you think needs to be considered
Written reasons for a decision
If talking to the guardian doesn’t help address your concerns, you can ask us to write down the reasons for the decision.
Written reasons tell you what the guardian considered when they made the decision, like:
- What you told the guardian about your wishes and preferences
- Who the guardian spoke to and their views about the options
- The least restrictive option
- Your best interests
- The legal requirements under the Guardianship and Administration Act 1995
- How the guardian came to the decision
We will provide you with written reasons for the decision within 21 days of your request.
For family members and other key parties
Guardians must maintain the privacy and safety of a person under guardianship. Information about decisions can be highly sensitive. It is not always appropriate for a guardian to provide written reasons for a decision to family members or other key parties. Requests will be considered on a case by case basis.
Requesting a review of decision
If written reasons for a decision still do not address your concerns, you can ask the Public Guardian to review the decision. A review of a decision can be requested by writing to the Public Guardian or calling us.
When asking for a review of a decision you need to tell the Public Guardian:
- Why you think the decision is wrong
- Any additional information you think should be considered
- What you think the decision should be, or any other outcome you want
Reviewing a decision
The Public Guardian or a different Senior Guardian will consider your request and decide if the decision should be reviewed.
If a request for review is approved, the Public Guardian or a senior guardian who is not already involved will :
- Review the decision, and;
- Either uphold the original decision or make a new decision
- Tell you the outcome
If the request for a review is declined, we will tell you the reasons why.
If you are still unhappy after the outcome of a review you may consider applying to the Guardianship and Administration Board to have the guardianship order reviewed. The Board do not review individual decisions of guardians, only the need for a guardianship order and who should be appointed.