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
Health and Community Services Complaints Commission annual report; Reports; PublicationNT
Made available via the Publications (Legal Deposit) Act 2004 (NT).
Northern Territory. Health and Community Services Complaints Commission -- Periodicals; Health facilities -- Northern Territory -- Complaints against -- Periodicals; Patient advocacy -- Northern Territory -- Periodicals
Health and Community Services Complaints Commission
Check within Publication or with content Publisher.
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.
Aboriginal and Torres Strait Islander people are advised that this website may contain the names, voices and images of people who have died, as well as other culturally sensitive content. Please be aware that some collection items may use outdated phrases or words which reflect the attitude of the creator at the time, and are now considered offensive.
We use temporary cookies on this site to provide functionality.
Click on Related items to view images, documents, etc. associated with this item.
You are welcome to provide further information or feedback about this item by emailing TerritoryStories@nt.gov.au