The application process for the SAT is the same for all applicants. Please see Applications. Some guardianship and administration applications require medical reports to be attached. See downloads. If you require assistance finding or filling out the correct application form, please contact the SAT.

Most guardianship and administration matters go straight to final hearing. However, complex matters may be listed for a directions hearing.

The final hearing is held to consider the application for appointment of a guardian and/or administrator. At the hearing all people who have an interest in the life of the person who, generally speaking, has a decision-making disability, can put forward their views about what is in the person's best interests.

Wherever possible, the person whose interests are being considered will also have an opportunity to state his or her own views and preferences.

The SAT also considers other information and reports that have been submitted about the circumstances and needs of the person whose interests are in question. For example, the Tribunal may call for a report from the Public Advocate.

After considering all information the SAT determines:

• whether the person is in need of a guardian or administrator;
• the impact of the disability on the person's ability to manage their own life and the extent to which they are capable of managing their own affairs;
• whether appointment of a guardian and/or administrator is in the best interests of the person;
• whether a guardian or administrator should make decisions or representations relating to specific areas (a Limited Order) or in all matters (Plenary Order);
• who is the most suitable person or agency to take on the role of guardian or administrator;
• how long the order should remain in force before it is reviewed; and
• whether the person is capable of voting at parliamentary elections.

The SAT is legally required to review each case within five years but, depending on the circumstances of the case, a review may be conducted sooner.

The SAT will determine whether there is still a need for a guardian or administrator and whether any change is required to the terms of the original order.

If there are concerns about the changing needs of the person who is in need of representation and/or the capacity of the guardian or administrator to meet the needs, the represented person, guardian or administrator can apply to the SAT for a review. Other interested parties can make an application for leave (permission) to apply for a review. Use the SAT application form. See Applications.

The Guardianship and Administration Act 1990 requires the consent of the State Administrative Tribunal and a legally appointed guardian before a non-therapeutic sterilisation procedure is carried out involving any person over the age of 18 years who has decision-making disability.

To carry out a sterilisation procedure contrary to these legal provisions is an offence.

See Downloads.

Some guardianship and administration decisions can be appealed.

If the hearing was conducted by one Tribunal member, an application can be made for a review by the full tribunal.

If the decision was made by a three-member Tribunal, an appeal may be made to the Supreme Court in the following circumstances.

• The Tribunal made an error of law and/or fact;
• The Tribunal acted outside its jurisdiction; or
• There is some other reason sufficient to justify an appeal.

No fee applies to guardianship and administration matters.

If you have any concerns please telephone the SAT and ask for a service officer from the Human Rights stream on 9219 3111.