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Policy Advice: OPA, Guardianship Orders and the NDIS

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Dear SA Office of the Public Advocate,

In June 2017 the OPA published a Circular "30" titled "OPA, GUARDIANSHIP ORDERS AND THE NDIS".

1) Who, by name and title, is the author of the document? (If developed by a Committee, what is the name of the Committee and who was on he Committee at the time of ratification?)
2) When was this ratified and by whom? (e.g., Committee? By what name?)
3) Why was this removed off the OPA website and when?
4) Who, by name and titled, determined to reverse the policy advice in this document and why?
5) Why is OPA intervention in NDIS plans now justified when it wasn’t previously?
6) Who, by name and title, within the NDIA has endorsed this direction by OPA?

Yours faithfully,

Matilda Bawden

AGD:OPA Mailbox, SA Office of the Public Advocate

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Kind Regards,   
The Office of the Public Advocate  
211 Victoria Square, Kaurna Country 
GPO Box 464 ADELAIDE 5001 
[email address]  
1800 066 969 

Oliver, Dean (AGD),

OFFICIAL

Dear Ms Bawden

Thank you for your enquiry to the Public Advocate dated 18 May 2025.

You have enquired about the provenance of an Information Fact Sheet (30-Office of the Public Advocate, Guardianship Orders, and the National Disability Insurance Scheme) posted on the OPA Website in June 2017.

I am responding to your enquiry under administrative release arrangements outside of the Freedom of Information (FOI) process.

The information Fact Sheet was drafted by Senior OPA Staff and approved by the Public Advocate. It was drafted to assist members of the public in understanding the role of guardianship and guardianship orders related to the newly formed National Disability Insurance Scheme (NDIS) at that time. I note that the Fact Sheet was for information purposes only and did not provide policy advice. Fact Sheets are routinely reviewed, updated, or removed from the OPA Website to reflect changes in current information.

You will be aware that the SACAT may seek to appoint the Public Advocate as a Guardian to assist with decision-making regarding the NDIS, which was the same in 2017 and referred to in the Fact Sheet. Ultimately, this is a decision for the SACAT based on the material and evidence provided by interested parties during Tribunal hearings.

I trust this information responds to your enquiries.

Yours Sincerely

Dean Oliver
Assistant Public Advocate
Exercising the Powers and Functions of the Public Advocate
Office of the Public Advocate
211 Victoria Square
ADELAIDE SA 5000

T 1800 066 969
E [email address]
P GPO Box 464 ADELAIDE 5001
http://www.opa.sa.gov.au/

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