The Public Advocate is an independent statutory (public) official appointed by the Governor in consultation with the Government under the Guardianship and Administration Act 1993 (SA). The Public Advocate promotes the rights and interests of people with a mental incapacity and, where appropriate, their carers.
Under the Guardianship and Administration Act 1993 (SA), the Public Advocate has direct access to the Minister for Health, the Attorney-General and the Parliament. The Office of the Public Advocate has a responsibility to act to protect people with a mental incapacity from abuse, exploitation and neglect (including self-neglect).
Under the Guardianship and Administration Act 1993 (SA) there are 8 general functions of the Public Advocate [s 21(1)]. These functions can be summarised under the following 4 headings:
The Public Advocate also has a role in dispute resolution in relation to advance care directives under the Advance Care Directives Act 2013 (SA).
Office of the Public Advocate
211 Victoria Square
Adelaide SA 5000
GPO Box 464
Adelaide SA 5001
Call 1800 066 969
Visit www.opa.sa.gov.au
The Public Advocate performs both individual advocacy and systemic advocacy roles in relation to persons with a mental incapacity.
Individual advocacy involves representing the interests of a particular person with a mental incapacity. This may include:
Systemic advocacy addresses issues causing problems for groups of people with a mental incapacity and their carers. The Public Advocate undertakes systemic advocacy by:
Section 29 of the Guardianship and Administration Act 1993 (SA) allows SACATto appoint the Public Advocate as a guardian of last resort. The Public Advocate will only be appointed as guardian if a guardian is needed and there is no other appropriate person to appoint.
The Public Advocate has a role in encouraging alternatives to formal guardianship.
As a guardian, the Public Advocate can make a number of important life decisions for an individual with a mental incapacity (known as the 'protected person'). This power will not allow the Public Advocate to give consent to certain treatments, which still require the authority of SACAT (for example, sterilisation and termination of pregnancy).
For more information, see The Public Advocate as Guardian webpage.
Under s 28 of the Guardianship and Administration Act 1993 (SA), SACAT can direct the Public Advocate to investigate and prepare a written report on the affairs of a person
A report prepared under s 28 will usually include the wishes and preferences of the person with a mental incapacity. The report can help ensure SACAT has all of the information it needs to make the most appropriate decision, and is particularly useful in complex or difficult cases.
The Public Advocate provides information to the public about guardianship and administration, consent to medical treatment, mental health, powers of attorney, advance care directives, and the roles of the Office of the Public Advocate and SACAT.
Visit the Office of the Public Advocate's website for more information and to access a range of free resources, including resources in accessible formats and other languages.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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