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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-11-11 Daily Xml
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Guardianship and Administration (Tribunal Proceedings) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 30 October 2025.)

Mr TEAGUE (Heysen—Deputy Leader of the Opposition) (23:24): I rise and indicate I am the lead speaker for the opposition. I indicate the opposition's support for the bill and, in doing so, I just make some brief observations about the purpose that the bill is serving.

This is really about expediting the hearing of guardian administration applications where the person concerned is an inpatient of a local health network hospital. There is basically operative change that will require the SACAT to hear matters of that nature as a matter of priority and in any event within 14 days. We understand that is SACAT's practice already to legislate that.

The safeguard measures that are the subject of clause 7 require SACAT to provide notice of such hearings to the applicant, the person to whom the proceedings relate, the Public Advocate and any other persons that SACAT considers have a proper interest. There is discretion to dispense with certain notice provisions that apply, including where the person is proposed to be discharged to their own home to live with the applicant or to an aged-care facility. In those circumstances SACAT will be permitted to shorten the timeframe for providing notice where appropriate.

It is all about providing for such processes to occur with minimum delay. There are safeguard mechanisms in terms of the capacity to apply to vary or revoke those orders without needing to demonstrate that a change of circumstances has occurred, which would otherwise be the case. You would otherwise have to meet that threshold to make the relevant application in a non-section 65A matter. There is therefore an endeavour to say that on the one hand there is an expedited regime for inpatients in those circumstances, but on the other hand there is a means of redress amendment without the ordinary threshold needing to be met.

The final point to note is that the clause 5 change amends section 57 of the act to extend the maximum timeframes for review of SACAT guardianship and administrative orders. The maximum period for such review is extended out to a year for a first review and subsequent reviews are set at intervals of up to three years and for other protected persons out to five years. There is a retained discretion to require earlier reviews in cases of concern.

Again, the amendment is intended to deal with the reduction of mandatory reviews in non-controversial matters and so intended to be a practical matter in terms of time and resources. It is a balancing act matter that is intended to achieve practical improvement, particularly in respect of inpatients.

I note that the Attorney in another place introduced the bill back on 21 August. The bill has therefore been the subject of debate already in another place. I note that I appreciate the opportunity to be afforded a briefing by the government that occurred later in that month, back in May. The amendments have been the subject of consideration already in the parliament. It is also something that has been of some note publicly.

At this point, for the purposes of members and the record for those who are interested in the process and the subject area, I would provide some words of reassurance in that this is really a matter of administration in the interests of such inpatients, often the direct interests of those who would be seeking to act in their best interests so that the proper care can be provided without delay. As I said at the outset, the opposition supports the bill, and I commend its passage through the house.

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (23:32): I thank the opposition for their support for this legislation. I thank the Attorney-General and his department for drafting it and putting it together and also working collaboratively with the health department and our clinicians and officers in terms of the drafting of it. We think this is a sensible amendment and are glad that it has been passed through the other place. We are also thankful for the opposition's support to ensure a speedy passage through this house, and we think it will make a meaningful difference.

Bill read a second time.

Third Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (23:33): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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