Guardianship Orders

346 The Hon. H.M. GIROLAMO ().10 April 2024).

1. For each year, since 2018 including year-to-date 2024, how many applications for guardianship have been lodged with South Australian Civil and Administrative Tribunal (SACAT) according to age: age 18-24, age 25-44, ge 45-64, age 65 +?

2. Of those guardianship order applications, by year, how many applications were lodged by an agency of the state of South Australia (e.g. Adult Safeguarding Unit, Office of Public Advocate, Public Trustee, SA Health, other government department)?

3. For each year, since 2018 including year-to-date 2024, how many applications for guardianship orders pertained to participants under the National Disability Insurance Scheme (NDIS)?

4. For each year, since 2018 including year-to-date 2024, how many applications for guardianship have been successful with SACAT according to age: age 18-24, age 25-44, age 45-64, age 65 +?

5. Of those successful guardianship orders, by year, how many applications were lodged by an agency of the state of South Australia (e.g. Adult Safeguarding Unit, Office of Public Advocate, Public Trustee, SA Health, other government department)?

6. For each year, since 2018 including year-to-date 2024, how many successful applications for guardianship orders pertained to participants under the National Disability Insurance Scheme (NDIS)?

7. For each year, since 2018 including year-to-date 2024, what is the average duration of an application from the time of lodgement to the time of final decision (e.g. action discontinued and/or orders handed down) before SACAT?

8. For each year, since 2018 including year-to-date 2024, how many applications lodged were dismissed and/or lodgement refused by SACAT?

9. For each year, since 2018 including year-to-date 2024, how many guardianship orders resulted in the removal of a vulnerable person from their domestic/familial place of residence and placement into a group facility (e.g. NDIS specialist disability accommodation) and/or other state care facility (e.g. hospital, rehabilitation, boarding house, aged-care facility, etc.) by SACAT?

10. For each year, since 2018 including year-to-date 2024, how many applications lodged resulted in the protected person being returned/placed into the full care of a family member by SACAT (i.e., without Office of Public Advocate or Public Trustee involvement and/or intervention and/or oversight)?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I am advised:

1. SACAT receives approximately 8,500 guardianship and administration applications annually. That total includes all types of applications relating to guardianship and administration and includes applications to vary or revoke an order, applications for urgent hearings, and tribunal reviews that are mandated by legislation to occur periodically.

The collation of data regarding applications for guardianship and administration is limited to reports retrieved from SACAT's case management system. SACAT is not able to separate guardianship and administration applications into separate reports and is not able to provide a breakdown of age range.

SACAT's new applications report records a total of 12,524 new individuals relating to whom a guardianship and/or administration application (including applications for special powers) was made for the period between 1 January 2018 and 30 April 2024. That total is not reflective of the total number of applications received but rather the total number of new individuals the subject of an application.

SACAT's current case management system was introduced in 2020, and this particular year-on-year data set is only readily available from 2020 onwards. The total number of guardianship and administration applications (including applications for special powers) received year to year from 2020 onwards is as follows:

2020 = 5,323

2021 = 4,317

2022 = 4,474

2023 = 4,839

2024 = 1,589

2. SACAT is not able to provide a breakdown of the nature of the applicants in this way.

3. For the period between 1 January 2018 and 30 April 2024, SACAT received 3,197 applications where the applicant had flagged that the subject of the application was an NDIS participant. SACAT's data does not indicate the type of application made in each instance therefore it is not possible to break that down into guardianship applications as separate from administration applications.

4. The term 'successful' is presumed to mean applications where orders have been made. The total of all orders made relating to guardianship and administration applications (with or without special powers) is 30,303. This data does not indicate that a matter was 'successful', only that an order was made. The outcome of the order is not indicated (i.e., whether the order was for guardianship/administration or not for guardianship/administration).

5. SACAT is not able to provide a breakdown of the nature of the applicants in this way.

6. The answer to question 3 is the only data available.

7. SACAT is able to report that on average, cases are listed for hearing between 21 and 28 days from the provision of an application and supporting documents. In the majority of cases, orders are issued on the day of the hearing.

8. Lodgements are not generally refused by SACAT but may be redirected to the appropriate application type. SACAT does not have any data as to the number of cases in which this occurs.

An application may be dismissed for a variety of reasons including: the application is misconceived, there is want of prosecution, or the applicant withdraws the application.

However, in this instance, if 'dismissed' is intended to mean that a guardianship and/or administration order was not made in relation to an individual the subject of an application before SACAT, SACAT advises that it does not have data indicating whether the orders made are for guardianship/administration or not for guardianship/administration.

In relation to questions 9 and 10, SACAT is responsible for appointing guardians or administrators and does not have information about the decisions that guardians or administrators make which is outside SACAT's jurisdiction.