Australia’s guardianship and administration system has come under the spotlight. This system works like the conservatorship that U.S. pop star Britney Spears had placed on her for 13 years. The system is designed to help people who have lost the ability to make decisions. In this case, public guardians and trustees like Western Australia’s Public Advocate Pauline Bagdonavicius and Public Trustee Brian Roche manage it. With a parliamentary committee in Western Australia investigating the state’s public trustee and state guardian, revelations about the system’s challenges and potential misuse are coming to light.
Roe MLA Peter Rundle has been elected chair of the inquiry. As a result, it has sparked important conversations regarding the Office of the Public Advocate’s (OPA) capacity, whether the framework in place truly serves to protect our most vulnerable individuals, and more. There are about 50,000 people in Australia who need decisions made on their behalf because their decision-making capacity is compromised. This weighted lack of accountability and transparency further exacerbates the crisis in our guardianship system.
Staffing Increases Amid Growing Workload
When she testified before the committee, Pauline Bagdonavicius had some exciting news to share. Her agency’s staffing levels have surged, jumping from 62 full-time equivalent (FTE) workers in 2019 to 103 in this year’s budget. Nonetheless, this is a considerable burden given that the average guardian still oversees the lives of nearly 71 individuals. Other teams out of the OPA are going on well over 100 cases per FTE employee.
“Because of the ongoing increase with appointments of the Public Advocate as guardian of last resort, and the increase in referrals by the state administrative tribunal for our involvement,” – Pauline Bagdonavicius
Bagdonavicius acknowledged that while the increase in staff is a positive development, it may still not be sufficient to meet the overwhelming demands placed on the agency.
“I think we’re like every part of government where we can do with more, for sure,” – Pauline Bagdonavicius
With this unprecedented and unsustainable workload, serious questions about the quality of that care being delivered abound. More significantly, it shines a spotlight on the critical need for systemic reforms within the entire guardianship system.
Calls for Reform and Transparency
As the investigation has continued, conversations have taken place about the need to change the confidentiality measures that are sometimes tied to guardianship arrangements. Public guardians from Queensland, Victoria and the Australian Capital Territory, representing half of Australia’s public guardians, support the changes. These proposed changes strike a balance between maximizing transparency and maintaining privacy protections.
Bagdonavicius has recently submitted an issue paper to WA’s Law Reform Commission on these matters. Most importantly, she stressed the need for clients to have a way to tell their story and experience with the process through the system.
“As part of our submission to the Law Reform Commission, we’ve certainly enforced the need … for us to find a way forward in terms of them [clients] being able to tell their story,” – Pauline Bagdonavicius
Local advocates such as Maxine Drake successfully argued against the creation of these “vexatious applications,” which were intended to recruit weaponized lawsuits against those operating under guardianship. In return, Bagdonavicius made sure to highlight the difficulties at play during tribunal hearings. She explained that interpersonal conflicts sometimes escalate into circumstances where tribunals have a difficult time arriving at a fair outcome.
“We see the personal conflicts played out in the tribunal hearings and sadly these cases, because of the nature of those conflicts, often leave the tribunal with nowhere else to go,” – Pauline Bagdonavicius
Media Coverage and Public Perception
Queensland Government, Brian Roche, before the parliamentary committee, argued that the media reporting on the guardianship system has been “one-sided.” What truly irked him was that he could not reply in depth, thanks to confidentiality provisions that are woven into the fabric of individual cases. The Department of Justice in Western Australia has responsibility for handling complaints and inquiries made to the Public Trustee and Public Advocate. This significant role further complicates transparency initiatives.
Roche’s comments point to a larger trend. How powerful and damaging public perception can be when it is shaped by one-sided stories about guardianship cases.
“No one is infallible; our services are delivered by people and they don’t always get everything right,” – Pauline Bagdonavicius
She cited that when mistakes are made, her agency springs into action to fix problems and set new policy directions to prevent future errors.
