The Adult Guardianship Experiment

The Adult Guardianship Experiment

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During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australiaa€™s adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention.In the Australian Capital Territory, the tribunal is loosely tied to the Magistratesa#39; Court and is referred to as the a#39;Guardianship and Property Management Tribunala#39; . New South Wales allows parallel jurisdiction in property matters, with applicants anbsp;...

Title:The Adult Guardianship Experiment
Author:Terry Carney, David Tait
Publisher:Federation Press - 1997


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