Review of an OPA guardian’s decision
If you are concerned about a decision made by an OPA guardian, you can request that a ‘Statement of reasons’ be provided by OPA.
A statement of reasons sets out the reasons for a guardian’s considerations when making a decision, including who was consulted, the legislative requirements of the Guardianship and Administration Act 1986 and the Charter of Human Rights and Responsibilities Act 2006, the represented person’s wishes, the represented person’s best interests and the least restrictive options.
This statement is provided within 28 days of OPA receiving the request.
If your concerns are not addressed by the statement of reasons, you can request that OPA review the guardian’s decision. The request for review should be in writing to OPA, and include the reasons why the review is sought. Additional supporting relevant information may be provided.
Prior to a review being conducted, a senior officer who has had no previous involvement in the case will assess the review request. This senior officer will consider the information provided in the review request, and the statement of reasons by the guardian, before determining whether to proceed with the review. Once completed, the officer reviewing the decision will prepare a report for the Public Advocate who may accept, vary or reject the recommendation of the review officer.
You can make a request for review to OPA in writing by:
- mail to Manager, Quality and Compliance, OPA, Level 1, 204 Lygon Street, Carlton Victoria 3053
- fax to 1300 787 510.
For more information, see OPA’s complaints and review policies.