If a guardian or a substitute decision-maker (SDM) requires more authority to make decisions for a person who does not have decision-making capacity, the South Australian Civil and Administrative Tribunal (SACAT) can grant Special Powers.
What are Special Powers Orders?
Special Powers Orders are legal orders that can:
- direct someone to live in a particular place
- authorise someone to be detained in a particular place
- authorise the use of force, so that medical or dental treatment can be given.
They are very restrictive and used as a last resort. They must only be made if there is a risk to someone’s health or safety
Special Orders must be reviewed by a date chosen by SACAT and must be reviewed each year if they authorise someone to be detained in a particular place.
They can also be changed (varied or revoked) if there is a change in the person’s circumstances.
Making an application
An application for Special Powers can be made by:
- a guardian appointed by SACAT, or
- a substitute decision-maker appointed under an Advance Care Directive (ACD).
Special Powers can’t be used to detain a person in a mental health treatment facility, or in a correctional institution.
For more information about Special Powers, you can:
- View the Special Powers fact sheet (PDF, 385.0 KB)
- Visit the SACAT website
- Call the OPA Information Service on 1800 066 969