What is the reporting process?
To report abuse you can call us on 1300 653 187 or submit an online form. We will then talk with you to better understand the situation and determine if there are grounds to investigate, or whether there is a more appropriate and timely option to address the concerns for the adult and their decision-making arrangements.
If there are grounds, we will send you an investigation request form so you can provide information about the alleged abuse as well as details about:
- the person you are concerned about (the adult)
- the accused person (the respondent)
- any other interested parties
You can complete the form anonymously but this could slow down the investigation because it may be harder for us to access relevant information. It also means we will be unable to let you know the investigation’s outcome. Generally, OPG does not identify the person who made a request for investigation. However, if you wish to make an anonymous request, you can either request a form to complete or you can complete the information required over the phone with the OPG Intake Officer.
In regards to privacy of information, it is worth noting that the Public Guardian's power to obtain information has, at times, been seen by those who have a grievance against an attorney as a potentially convenient vehicle to obtain access to information to which they would not be entitled or to exert pressure on an attorney. However not only will such attempts not succeed, but any information gained by the Public Guardian in the course of an investigation is protected by confidentiality provisions and is not generally subject to Right to Information requests. Importantly, this includes not disclosing the name of the complainant or any identifying details to the parties.
What happens to the request form you send us?
We will review your request form to establish if:
- there are reasonable grounds to assume that the adult has impaired decision-making capacity
- there is a substitute decision maker (such as an attorney) involved or not
- it is a case of self-neglect and the adult needs someone to assist them with decisions
- the information included in the request form confirms the need for an investigation.
This process can take up to three weeks depending upon the initial information provided and whether OPG needs further preliminary information. Following this process, we will either accept or decline the request. If OPG declines the request, you will be provided with the reason why it was declined and if appropriate, other potential courses of action may be provided.
If you have given us your contact details, we’ll let you know the outcome and if an investigation goes ahead, you’ll receive a copy of the final report. However information about the investigation is confidential, and unless you’re appointed as the adult’s guardian and/or administrator or their attorney you won’t have access to information and documentation related to the investigation.
For details about what happens during an investigation, see our website’s investigation process section.