South Australian Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 21

21—General functions of Public Advocate

        (1)         The functions of the Public Advocate are—

            (a)         to keep under review, within both the public and the private sector, all programmes designed to meet the needs of mentally incapacitated persons;

            (b)         to identify any areas of unmet needs, or inappropriately met needs, of mentally incapacitated persons and to recommend to the Minister the development of programmes for meeting those needs or the improvement of existing programmes;

            (c)         to speak for and promote the rights and interests of any class of mentally incapacitated persons or of mentally incapacitated persons generally;

            (d)         to speak for and negotiate on behalf of any mentally incapacitated person in the resolution of any problem faced by that person arising out of his or her mental incapacity;

            (e)         to give support to and promote the interests of carers of mentally incapacitated persons;

            (f)         to give advice on the powers that may be exercised under this Act in relation to mentally incapacitated persons, on the operation of this Act generally and on appropriate alternatives to taking action under this Act;

            (g)         to monitor the administration of this Act and, if he or she thinks fit, make recommendations to the Minister for legislative change;

            (h)         to perform such other functions as are assigned to the Public Advocate by or under this Act or any other Act.

        (2)         In performing his or her functions the Public Advocate is not subject to the control or direction of the Minister.

        (3)         The Public Advocate may establish committees for the purpose of providing him or her with advice in relation to the performance of any of his or her functions.



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