Western Australian Current Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 97

97 .         Functions of Public Advocate

        (1)         The functions of the Public Advocate are as follows —

            (a)         to make applications under this Act and to attend hearings of the State Administrative Tribunal when he thinks fit and when required to do so by the Tribunal;

            (aa)         subject to sections 44(5) and 68(5), to act as a guardian or administrator either solely or jointly with another person;

            (b)         at hearings before the State Administrative Tribunal commenced under this Act, or where appropriate at hearings under Division 3 of Part 3 —

                  (i)         to seek to advance the best interests of the represented person or person to whom the proceedings relate;

                  (ii)         to present to the Tribunal, judge or Court any information in his possession that is relevant to the hearing; and

                  (iii)         to investigate and report to the Tribunal, judge or Court on any matter or question referred by a court or by the Tribunal, judge or Court;

            (c)         to investigate any complaint or allegation that a person is in need of a guardian or administrator, or is under an inappropriate guardianship or administration order, or any matter referred to him by a court or under section 98;

            (d)         to seek assistance for any represented person or person in respect of whom an application has been made from any government department, institution, welfare organization or the provider of any service and, where appropriate, to arrange legal representation for any represented person or persons in respect of whom an application has been made;

            (e)         to provide information and advice —

                  (i)         to a proposed guardian or administrator, as to the functions of guardians and administrators; and

                  (ii)         to any person, as to the operation of Part 4;

            (f)         to promote public awareness and understanding by the dissemination of information concerning —

                  (i)         the provisions of this Act, including those relating to the functions of the State Administrative Tribunal conferred under this Act, the Public Advocate and guardians and administrators; and

                  (ii)         the protection of the rights of represented persons and persons who may become subject to guardianship or administration orders, and the protection of such persons from abuse and exploitation;

            (g)         to promote family and community responsibility for guardianship and for that purpose to undertake, co-ordinate and support community education projects;

            (h)         to encourage the involvement of government and private bodies and individuals in achieving the objects described in paragraphs (f) and (g);

                  (i)         any other function conferred on the Public Advocate by a written law.

        (2)         The Public Advocate may do all things necessary or convenient to be done for or in connection with the performance of his functions.

        [Section 97 amended: No. 7 of 1996 s. 27; No. 55 of 2004 s. 451 and 466; No. 59 of 2004 s. 141; No. 59 of 2006 s. 73.]



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