VPRS 14619 General Subject and Case Management Files

Full description

This series was created by the Office of the Public Advocate (OPA). The role of the Office of the Public Advocate was to advocate, promote and support the rights and interests of disabled persons. It frequently represented persons in the Guardianship Administration Board, (VA 3027, from 1987 to 1998) and Victorian Civil and Administration Tribunal (VCAT, VA 4146, from 1998) hearings.

Despite the interrelated role the Office of the Public Advocate was a separately constituted, administered and staffed agency. OPA provides advocacy, promotion and support for the rights and interests of disabled persons in accordance with the Guardianship and Administration Act 1986. The Public Advocate acts as guardian of last resort.

This series comprises various categories of files created under a sequential numbering system.

File types:
- Guardianship and Administration Files: documented the Public Advocate's guardianship function. The file was commenced with a referral from VCAT to OPA to investigate an application for guardianship. The file contains OPA investigation records and the report to VCAT regarding OPA's view as to whether a guardian should be appointed or not. Copy of the order from VCAT was filed on the file.

Until this point the records placed on the file were either generated by VCAT or OPA's copy of reports provided to VCAT.

- If a private guardian was appointed there is no further record relating to decisions made by the private guardian. The continuing guardianship of a privately appointed guardinan is conducted by the individual. There was no requirement to provide reports to OPA.

Case Records: where a private person was appointed a guardian and was a routine case, the file was sentenced temporary under the provisions of section 1.3.2 (ii) of the Records Disposal Authority (RDA) for OPA, PROV 2003/02. Case records of applications that established precedent, raised systemic issues, or involved contentious issues of medical consent were kept for permanent retention under section 1.3.2 (I) of the RDA for OPA, PROV 2003/02.

- Private Guardianship Support Programme Records: refer to cases where OPA's involvement was minimal (limited to the Private Guardianship Support Program) and an individual case file was not created. These records were sentenced temporary under section 1.3.3 of the RDA for OPA, PROV 2003/02.

- Case files, where the Public Advocate was Appointed Guardian:
When the Public Advocate was appointed guardian the file was used to record the administrations of the Guardian. The guardianship file was the record of the State's decisions and actions on behalf of the individual. The guardianship files where OPA was appointed Guardian or Administrator was to be kept permanently under the provisions of section 1.3.1 of the RDA for the Office of the Public Advocate, PROV 2003/02.

- Subject based files called 'systemic files' were issues based. Systemic advocacy emerged from issues and problems identified through the work of the Advocates, Guardians and Investigators. Systemic issues relate to the wellbeing and rights of classes or groups of people with disabilities and focus on policy, program or organisational deficiencies, or alternatively the need for a change in the policies and procedures of agencies interacting with people with disabilities. The files contain policy and other information of a systemic nature affecting OPA's operating environment. Records include investigations of system - wide issues for example, voting rights for people in institutions, closure of an institution or research into the appointment of a private guardian rather than a statutory guardian, etc. This class of records was sentenced permanent under section 2.1.0 of the RDA for OPA, PROV 2003/02. .

- Client Advocacy, where OPA acted on behalf of clients at the VCAT hearings or elsewhere. Only files containing more formal advocacy records which resulted in establishing precedent, or which raised systemic issues were deemed to be permanent under section 1.2.2 of the RDA for OPA, PROV 2003/02.

- Investigations Files related to recommendations to VCAT on the need for urgent hearings and where there was no order issued. Files contain OPA notes about the case, supporting material and OPA's recommendation to VCAT. This class of records was sentenced temporary under section 1.1.0 of the RDA for OPA, PROV 2003/02.