Territory Stories

Investigation into complaint by North Australian Aboriginal Justice Agency about the care provided to Ms N by Department of Health and Community Services, the Public Guardian and Council. 27 June 2013

Details:

Title

Investigation into complaint by North Australian Aboriginal Justice Agency about the care provided to Ms N by Department of Health and Community Services, the Public Guardian and Council. 27 June 2013

Collection

Health and Community Services Complaints Commission annual report; Reports; PublicationNT

Date

2013-06

Description

Made available via the Publications (Legal Deposit) Act 2004 (NT).

Language

English

Subject

Northern Territory. Health and Community Services Complaints Commission -- Periodicals; Health facilities -- Northern Territory -- Complaints against -- Periodicals; Patient advocacy -- Northern Territory -- Periodicals

Publisher name

Health and Community Services Complaints Commission

Place of publication

Darwin

File type

application/msword

Copyright owner

Check within Publication or with content Publisher.

Parent handle

https://hdl.handle.net/10070/252343

Citation address

https://hdl.handle.net/10070/545331

Related items

https://hdl.handle.net/10070/545333

Page content

14 months. It was intended that Ms N would return to the community at the end of the contract. The 6 month contract was provided at a cost of $77,000. 32. In April 1994 the OPG obtained an opinion from a lawyer from the Solicitor for the Northern Territory, as to the OPGs duty of care to Ms N, especially concerning her absconding. The OPG considered that Ms Ns absconding placed her at risk. The OPG was advised that its duty of care was to take reasonable steps to ensure (Ms N)s safety by deciding for her where and with whom she should liveThe continuing duty as to what to do when she leaves depends on the Public Guardians assessment of the risk factors (neglect, abuse or exploitation) weighed against the positive factors (development of skills and assistance to become capable of making reasonable judgements for herself). 33. The opinion also touched on a guardians decision making processes and duties. The opinion noted that the: .intention of the (Adult Guardianship) Act therefore seems to be that a guardian appointed for the narrow purpose of assisting a person to make decisions relevant to daily living(is) to have regard to the wishes of the person as well as their protection. it is necessary to recognise that the law required the Public Guardian (as it requires any reasonable person) to consider what the relevant issues area and make decisions based on the facts. There is no duty at law to be right basically because in most cases there is no right answer.


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