Guardianship Board

Legal Services Commission of South Australia

Guardianship Board

The Guardianship Board is an independent, specialist legal tribunal set up under the Guardianship and Administration Act 1993to:

hear applications for the appointment of guardians and administrators for people who have a mental incapacity
hear applications under the Mental Health Act 1993 for ongoing detention and compulsory treatment of people said to have a mental illness.
provide substitute medical and dental consent where no other authorised person is available to make a decision for a mentally incapacitated person, see consent.
Hear appeals against psychiatric detention by psychiatrists under the Mental Health Act 1993
review the way in which guardians and administrators carry out their important responsibilities
exercise a supervisory jurisdiction over enduring powers of guardianship, see ENDURING POWER OF GUARDIANSHIP.

The Guardianship Board consists of a range of professional and other qualified people appointed by the Governor in consultation with the Government. It includes a range of legal professionals, psychologists, social workers, mental health practitioners, mental health consumers and other people experienced in providing services or caring for people with a disability or mental illness. The Board can sit with three members (chaired by a lawyer) or with only one or two members for certain proceedings.

In its hearings the Board has the same duty as a court to act impartially and fairly. It can use the powers of a court to summons witnesses and documents. However, unlike a court the proceedings are less formal. For example, the Board can gather evidence without the same formality and limitations to which a court is subject. Like a court, Board hearings are open to the public. However, hearings can be closed to protect the privacy and dignity of the people involved, and no media report can be made without the Board's permission.