About the Office of the Public Guardian

The Public Guardian’s role is set out in section 15 of the Act.  The key functions of the Public Guardian are to:

• Act as a guardian when appointed by the Tasmanian Civil and Administrative Tribunal and to represent people before the Tribunal
• Promote and protect the rights of any person with disability in Tasmania
• Safeguard adults with disability from abuse, neglect and exploitation
• Advocate on behalf of people with a disability
• Foster, encourage and support the establishment of services and programs that assist people with disability
• Investigate, report and make recommendations to the Minister for Justice on any matters relating to the Act
• Provide information to the community and public regarding the Public Guardian, the Tribunal and the Act

The Public Guardian also has some powers to investigate concerns about the actions of private guardians or people acting under an enduring power of attorney (section 17).

Angela McCrossen is currently acting as Tasmania’s Public Guardian. She leads a small, but specialist team to support people when the Public Guardian is appointed as their guardian; or to facilitate mediation when there is a conflict relating to an Advance Care Directive.  The team also provide advice and education on related matters.

The staff of the Office of the Public Guardian (OPG) assist the work of the Public Guardian and help to perform the key roles. In particular the staff in the office:

• Carry out the role and duties of a guardian when the Public Guardian is appointed by TasCAT
• Support or make decisions on behalf of a person we are appointed guardian for
• Advocate for people under guardianship and adults with disability

The OPG can provide information and advice about:

• Guardianship and administration
• Appointing enduring guardians
• Private guardianship
• What the options are if things are not working properly or there are concerns about the safety and well-being of a person with impaired decision-making ability
• Advance Care Directives and resolving issues if there is conflict

The OPG also provides information and education to community groups and service providers about the law and substitute and supported decision-making in Tasmania.  More information is available on the education page.

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

An investigation might be appropriate if you are concerned the guardian or power of attorney of a person with impaired decision-making ability is not acting in their best interests, or, if you are worried they are experiencing exploitation or neglect.

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