Post by Banker on Apr 24, 2012 6:23:24 GMT 7
DISABLED people are being brought before SA's Guardianship Board without legal representation and ordered to undergo medical treatment.
That treatment includes electric shock therapy.
The Law Society of South Australia has complained about the practice to an inquiry on disabled rights because many disabled people cannot afford help and none is publicly available.
Law Society president Ralph Bonig said South Australia was the only state where Guardianship Board orders could be made without publicly funded help being offered to a person.
"They often have no ability to afford legal help and the consequence of any Guardianship Board order can have a drastic consequence on the individual," he said.
"There can be very harsh consequences from an order, but these people haven't been charged with a crime and if they had, then they would be given legal representation in the courts."
The Guardianship Board makes financial and medical treatment decisions for people who are unable to make these decision for themselves because of mental incapacity, usually caused by dementia, intellectual disability, brain damage, mental illness, or a coma.
Mr Bonig said the decisions included detention and treatment orders, financial decisions and even electroconvulsive therapy.
Mr Bonig has lodged a complaint about the lack of legal representation to an inquiry set up by Dignity for Disability MLC Kelly Vincent.
Ms Vincent said disabled people were often at a double disadvantage because they had less money and often less understanding of the process they were being subjected to.
"The fact that South Australians seem to have less access to legal representation than their interstate counterparts in the circumstances cited by the Law Society is disquieting and I am sure the Select Committee will take this into serious consideration in their deliberations," she said.
Attorney-General John Rau confirmed the practice, but said people who appeared before the board could appeal the decision.
"This appeal is heard in the District Court and is funded by the Government through the Guardianship Board," he said.
"A person appearing before the board is able to bring a friend or family member or other advocate with them. The board is chaired by an experienced lawyer."
www.adelaidenow.com.au/disabled-denied-legal-support/story-e6frea6u-1226336559482
That treatment includes electric shock therapy.
The Law Society of South Australia has complained about the practice to an inquiry on disabled rights because many disabled people cannot afford help and none is publicly available.
Law Society president Ralph Bonig said South Australia was the only state where Guardianship Board orders could be made without publicly funded help being offered to a person.
"They often have no ability to afford legal help and the consequence of any Guardianship Board order can have a drastic consequence on the individual," he said.
"There can be very harsh consequences from an order, but these people haven't been charged with a crime and if they had, then they would be given legal representation in the courts."
The Guardianship Board makes financial and medical treatment decisions for people who are unable to make these decision for themselves because of mental incapacity, usually caused by dementia, intellectual disability, brain damage, mental illness, or a coma.
Mr Bonig said the decisions included detention and treatment orders, financial decisions and even electroconvulsive therapy.
Mr Bonig has lodged a complaint about the lack of legal representation to an inquiry set up by Dignity for Disability MLC Kelly Vincent.
Ms Vincent said disabled people were often at a double disadvantage because they had less money and often less understanding of the process they were being subjected to.
"The fact that South Australians seem to have less access to legal representation than their interstate counterparts in the circumstances cited by the Law Society is disquieting and I am sure the Select Committee will take this into serious consideration in their deliberations," she said.
Attorney-General John Rau confirmed the practice, but said people who appeared before the board could appeal the decision.
"This appeal is heard in the District Court and is funded by the Government through the Guardianship Board," he said.
"A person appearing before the board is able to bring a friend or family member or other advocate with them. The board is chaired by an experienced lawyer."
www.adelaidenow.com.au/disabled-denied-legal-support/story-e6frea6u-1226336559482