Our decisions are confidential
Under the guardianship laws, confidential information about the adult should not be released except in certain circumstances, for example, for a hearing or court proceedings. There is also a general principle that the adult’s right to confidentiality should be taken into account.
The reasons for a decision are usually provided in the letter sent to advise interested people of the officer’s decision. However, you can request further information on these reasons. If you, a family member or support organisation have an active and ongoing involvement in the adult’s life or you may be affected by the decision, then you can ask the officer for the reasons why a decision was made.
The officer must consider the confidentiality of the information you are requesting. However, when you are part of the adult’s support network, or supportive relationships, or you deliver services to the adult, then in most circumstances you will receive this information.
Where the adult’s safety and well being could be endangered by the release of the reasons for decision, then our officer may be unable to provide information or the reasons for the decision. You have the right to request a review of the decision not to provide this information.
If you disagree with our decisions
If you believe the decision was made on incorrect or incomplete information, you can contact the officer to discuss the information. You can also write to the officer setting out the information that you know. If you disagree with the reasons, you should speak to the officer about your concerns. If you do not want to contact the officer, you may speak or write to their manager.
The Office of the Public Guardian’s handling of complaints is in line with the Department of Justice and Attorney-General’s complaints management policy. An internal review of the decision may occur if the:
Our formal complaints process can also consider whether the process the officer used was appropriate and complied with our policies and the principles contained in the guardianship laws. Requests for a review of a decision should be made in writing.
If you are still concerned after completion of the complaints process and the internal review of the decision, you can contact the Queensland Ombudsman.