The Australian Guardianship and Administration Council (AGAC) was established in 1993 as an outcome of the second National Conference on Guardianship and Administration.
AGAC is registered as a company limited by guarantee (ABN 59619104906) and as a charity with the Australian Charities and Not for Profits Commission (ACNC).
AGAC represents State and Territory government agencies that have a role in protecting adults in Australia who have a decision-making disability that impairs their capacity to make personal or financial decisions. Membership includes –
- Public Guardians
- Public Trustees
- Public Advocates
- Guardianship Tribunals.
Public Advocates and Public Guardians, whether as advocates, investigators or guardians, seek to promote the interests of persons with a decision-making disability and to protect them from abuse, neglect or exploitation.
Public and State Trustees may be appointed to manage a person's financial and legal affairs.
A Public Guardian/Advocate and a Public Trustee may do this by a person appointing them as attorney under an Enduring Power of Attorney (EPOA) or by order of a Board or Tribunal. Boards or Tribunals may appoint a Guardian or an Administrator/Manager in respect of a person. A Board or Tribunal may appoint an individual as a person’s guardian/administrator, or they may appoint a Public Guardian/Public Advocate as a person’s Guardian and a Public Trustee as a person’s administrator.
When appointed by a Board or Tribunal, guardians and administrators are subject to the oversight of the Board/Tribunal.
AGAC aims to advance the common goals of its members by –
- working towards a consistent approach to common issues
- adopting a collaborative focus
- sharing information.
AGAC’s functions and activities include –
- Strive for consistency and uniformity in respect to significant issues and practices
- Collaborate in the analysis of relevant trends and issues
- Encourage academic, analytical and policy-related research on trends and issues
- Promote national and jurisdictional dialogue to enhance quality decision-making and client-focussed outcomes.
- Provide advice to government.
- Promote consistency of terminology at national/jurisdictional level.
- Successfully sought amendments to most State/Territory guardianship legislation to mutually recognise each other's guardianship and administration orders
- Successfully sought amendments to several States’/Territories’ guardianship legislation to mutually recognise each other's financial Enduring Powers of Attorney
- Collaborated in and recommended amendment to the Aged Care Act 1997 (Commonwealth) to assist families in avoiding unnecessary legal processes for the appointment of guardians or administrators
- Established protocols to guide decision-making about sterilisation of adults with disability
- Developed administrative arrangements between Boards and Tribunals to deal with guardianship and administration orders made in another jurisdiction
- Adopted National Standards for Guardians and Financial Administrators/Managers
- Made submissions to Royal Commissions, national inquiries and Government consultative processes
- Organised national Guardianship and Administration conferences.
Australian Capital Territory
- Public Advocate ACT
- ACT Civil and Administrative Tribunal (ACAT)
- Public Trustee & Guardian for the ACT
New South Wales
- Adult Guardianship
- Office of the Public Guardian
- Public Trustee - Community Services Division
- Department of Justice
- Northern Territory Civil and Administrative Tribunal
- Office of the Public Advocate
- VCAT (Victorian Civil and Administrative Tribunal) [Guardianship List]
- State Trustees Limited