OPA South Australia

The Office of the Public Advocate (OPA) in South Australia is an independent statutory office that promotes the rights and interests of people who need assistance with decision-making.¹

The current Public Advocate for South Australia is Anne Gale.²

Core Purpose

The OPA exists primarily to help people who have impaired decision-making capacity due to disability, mental illness, dementia, or other conditions.³ They operate under the Guardianship and Administration Act 1993 (SA).⁴

Their goal is to ensure that vulnerable South Australians are protected from abuse, neglect, and exploitation, and that their rights to autonomy and decision-making are respected.⁵

Key Services & Functions

1. Guardianship (Guardian of Last Resort)⁶

The Public Advocate can be appointed by the South Australian Civil and Administrative Tribunal (SACAT) as a guardian for a person with mental incapacity. This is usually a "last resort" when:

• A person cannot make decisions for themselves (e.g., regarding where to live, health care, or services).⁷

• There is no family member or friend willing, able, or suitable to take on the role.⁸

2. Dispute Resolution Service

The OPA offers mediation and dispute resolution specifically for conflicts regarding:⁹

• Advance Care Directives (ACDs): If family members or substitute decision-makers disagree about a person's wishes or care.¹⁰

• Consent to Medical Treatment: Resolving disagreements between medical professionals and family members.¹¹

3. Information and Advice

They run a free Information Service (via telephone) to answer questions about:

• Guardianship and Administration.¹²

• Advance Care Directives.¹³

• Consent to medical treatment.¹⁴

• The rights of people with impaired capacity.¹⁵

4. Advocacy

• Individual Advocacy: Speaking up for the rights of a specific person with a disability to ensure their voice is heard.

• Systemic Advocacy: Working to change laws, policies, and practices to benefit all people with impaired decision-making capacity.¹⁶

5. Investigation

If SACAT believes a person with mental incapacity is at risk of harm, abuse, or neglect, they can direct the Public Advocate to investigate the person's circumstances and report back to the Tribunal.¹⁷

Important Distinction: OPA vs. SACAT

It is common to confuse the Office of the Public Advocate (OPA) with the South Australian Civil and Administrative Tribunal (SACAT). They are separate bodies:

Questions "My [parent/partner] has lost capacity (e.g., dementia, stroke) and needs to move into care, but I don't have the legal authority to sign the papers. How do I become their guardian?"

Answer : "If your family member did not make an Advance Care Directive while they had capacity, you cannot simply 'sign up' to be a guardian now. You must apply for a Guardianship Order through the South Australian Civil and Administrative Tribunal (SACAT).

Here is the process:

1. Go to SACAT: You need to visit the SACAT website to lodge an application. The Office of the Public Advocate cannot issue these orders; only the Tribunal can.

2. Get Medical Evidence: Before you apply, you must get a doctor or specialist to fill out a specific medical report confirming that your family member cannot make their own decisions.

3. The Hearing: Once you apply, SACAT will schedule a hearing to decide if a guardian is needed and appoint the most suitable person (usually a family member like yourself)."

Question : "My brother and I both have power of attorney for our mother, but we completely disagree on her care. He wants to move her into a nursing home immediately, but I know she wants to stay at home with support. Can you tell him he's wrong?"

Answer : "We cannot simply overrule your brother, but we can help you resolve the conflict without going to court. The Office of the Public Advocate offers a Dispute Resolution Service specifically for disagreements like this.

Here is how it works:

1. Mediation First: Instead of rushing to the Tribunal (SACAT), we act as a neutral third party to mediate the discussion. Our goal is to help all parties agree on what is in your mother's 'best interests' according to the law.

2. The Process: You can lodge a request for dispute resolution with us. We will speak to both of you (and potentially medical professionals) to try and reach an agreement on her accommodation.

3. The Outcome: If we can resolve it here, you avoid a stressful legal battle. If the dispute cannot be resolved, then the matter may need to go to SACAT for a final order."

Caller Query: "I need you to release money from my dad’s account for a nursing home bond/bill. It's urgent."

Recommended Response: "I can hear this is urgent, but you have reached the Office of the Public Advocate. We manage lifestyle decisions (like where he lives), but we do not have access to his money.

You need to call the Public Trustee immediately.

1. Call (08) 8372 7550 right now.

2. Ask to speak to the 'Trust Officer' for your father’s estate.

3. Tell them it is an 'Urgent Accommodation Payment' so they prioritize it."