Information Sheets

The Office of the Public Advocate provides information sheets about the Guardianship and Administration Act 1993, the Mental Health Act 2009, the Advance Care Directives Act 2013, the Consent to Medical Treatment and Palliative Care Act 1995,  and related topics.

Our information sheets are currently being updated to reflect changes associated with the commencement of the South Australian Civil and Administrative Tribunal  (SACAT) on 30 March 2015.

If the information you are looking for is not available here, please contact our information service on 8342 8200.

01 An introduction to the Guardianship and Administration Act 1993

A summary of the Guardianship and Administration Act 1993 including the role of the Public Advocate, and the orders that the South Australian Civil & Administrative Tribunal can make under this Act

02  An introduction to the Mental Health Act 2009

A summary of the legislation about mental health treatment including involuntary treatment.

04  Guardianship Orders (Guardianship and Administration Act 1993)

Outlines what Guardianship Orders are and the circumstances in which they may be made.

05  Administration Orders (Guardianship and Administration Act 1993)

Explains what Administration orders and the circumstances in which they may be made.

06  What to expect at a South Australian Civil & Administrative Tribunal hearing (Guardianship and Administration Act 1993)

Information about Tribunal hearing processes when considering guardianship and administration matters.

07  Advice to applicants (Guardianship and Administration Act 1993)

- gives advice to people who are thinking about making an application to the Tribunal  for guardianship and administration matters

8 Advance directives in SA

- describes the legal arrangements adults can put in place for the future in case they can no longer make their own decisions

09  Consent to medical and dental treatment for people with mental incapacity

- describes how consent is obtained for individuals when they cannot make their own health care decisions due to a mental incapacity

10  Prescribed medical treatment (Guardianship and Administration Act 1993)

- describes special consent requirements for sterilisation and termination of pregnancy for individuals who cannot consent on their own behalves

11  Special Powers (Guardianship and Administration Act 1993) (previously called Section 32)

- describes special powers that guardians can seek from the Tribunal to provide special protection for people under guardianship and/or the community

12  Inpatient Treatment Orders (Mental Health Act 2009)

- describes when compulsory inpatient mental health treatment is authorised and how it is reviewed

13  Community Treatment Orders (Mental Health Act 2009)

Information about the circumstances in which compulsory community based mental treatment can be authorised and the patient’s rights.

14  What to expect at a South Australian Civil & Administrative Tribunal hearing (Mental Health Act 2009)

Information about the Tribunal’s processes when considering mental health applications.

15 Advice to applicants (Mental Health Act 2009)

Information for people who are thinking about making an application to the Tribunal for mental health orders.

16  Prescribed psychiatric treatment (Mental Health Act 2009) 

Describes special consent requirements for neurosurgery and electro convulsive therapy for individuals who cannot consent on their own behalf.

17  Appeals (Mental Health Act 2009)

Describes the appeal process for compulsory mental health inpatient and community treatment orders.

18  Reviews and Appeals  (Guardianship and Administration Act 1993)

Information about reviews and appeals of guardianship or administration orders made by the Tribunal, when a person disagrees with the order.

19  What is the Office of the Public Advocate?

Information about the role of the Office of the Public Advocate and how it operates.

20  Office of the Public Advocate Feedback Policy

Describes how individuals can give feedback to or make complaints about the actions of the Office of the Public Advocate and what will be done in response.

21  Information, advocacy and complaints services for people with mental incapacity

A list of helpful information and advocacy agencies.

23  Informal arrangements for people with mental incapacity

Information about how decisions can be made by others when there are no advance directives or Tribunal orders in place.

25  Guardianship and the Public Advocate Information for Families and Friends

Information about how guardianship is undertaken when the Public Advocate is appointed guardian by the SA Civil and Administrative Tribunal.

26  Dispute Resolution Service(Mediation)

 Information about OPA mediation service for disputes about advance directives or consent to treatment.

27  Dispute Resolution Service

An outline of the assistance available from the OPA dispute resolution service for disagreements about advance care directives or consent to treatment.

29  Consenting for Complex Dentistry

Outlines issues for consideration when considering complex dentistry for a person with a disability.