Barry’s experience

Barry loves music and movies and spending time with family. Aged in his 50s, Barry has an intellectual disability and mental health diagnoses.

OPA first met Barry over 10 years ago, when a guardian was appointed with powers to make decisions about services and accommodation. At that time Barry had no supports outside his family.

Guardianship over a 2-year period involved:

• trialling the least restrictive alternatives, such as engaging in-home services
• review and assessment by behaviour specialists and psychiatrists, including periods of hospitalisation
• the guardian’s decision that Barry needed to move from the family home
• Barry moving in and out of temporary accommodation
• negotiation of suitable services and long-term housing to meet Barry’s preferences and needs
• Barry settling into his new home and the guardianship order being revoked soon after,

In 2024 an OPA guardian was again appointed to work alongside Barry as his circumstances had drastically changed. Now a NDIS participant, at Barry’s last plan review his funding was significantly reduced and this was impacting his housing security. A request for internal review to appeal this decision was unsuccessful and application to the ART was made. The Public Advocate was appointed as guardian with authority to make access to service decisions, and to start and defend legal proceedings in relation to decisions about access to services.

Guardianship over the 12-month period involved:

• the guardian and Barry’s legal representative attending several ART conferences at which agreement could not be reached – the initial offer made by NDIA would not meet Barry’s need
• the guardian working closely with OPA’s legal unit to prepare for each hearing
• waiting while time was given for more information to be obtained
• waiting while repeated extensions on deadlines were granted to the NDIA
• services supporting Barry reporting significant financial losses, due to insufficient funding levels
• the guardian negotiating with services who were seeking to withdraw from provision of support due to inadequate funding.

Ultimately, the ART matter was resolved with a new offer made prior to hearing that the guardian accepted on Barry’s behalf. The guardianship order had been set to end after 12 months without further hearing, however, given the decisions still required, the guardian requested a hearing for the guardianship order to be reassessed and continued.

* Names and specific details have been changed for privacy reasons. Barry's story was included in the 2024-2025 OPA Annual Report.