Automatic review, cancellation or changing orders
1. Automatic review of an order
SACAT must review all guardianship and administration orders and orders granting special powers (not including a power to detain a person) at intervals of not more than three years after the order has been made.
SACAT must review orders for special powers with a power to detain a person, within six months of the order being made and then at intervals of not more than one year.
Who needs to apply/what is an automatic review?
These are automatic review processes and no application needs to be made by the guardian, the administrator, the person who the order is about, or any other person, for this to occur. Sometimes the automatic review will occur on the documents available. At other times a hearing will be conducted.
What happens after an automatic review?
After the automatic review SACAT can revoke or vary the order if satisfied on the evidence that the circumstances of the protected person have changed and if there are no proper grounds or need for it to remain in force.
2. Cancellation or changing an order
An application to cancel or change an order can be made to SACAT at any time before the set automatic review period if there is new information or a change to the circumstances of a protected person to justify this or a person appointed can no longer act in their role.
Who can apply to cancel or change an order?
An application to cancel or change an order can be made by:
- the person who the order is about
- any person who can satisfy SACAT that they have a proper interest in the welfare of the person who the order is about.
- the Public Advocate on his/her own view or at the request of the person who the order is about
- the guardian
- the administrator of the person’s estate including the Public Trustee
- a substitute decision maker for the person under an advance care directive
- a person responsible for the person who the order is about.