Introduction
In a recent Western Australian case, AP [2025] WASAT 18, the State Administrative Tribunal (SAT) provided important clarification on its power to make injunctions in guardianship and administration matters. The case involved an 83-year-old man with advanced dementia whose daughter sought an urgent injunction to prevent morphine from being administered to him at his nursing home. She claimed he was having a severe allergic reaction and was at risk of death. This application raised fundamental questions about the Tribunal's jurisdiction to make injunctive orders in guardianship matters, particularly when they involve medical treatment decisions.
The Power to Make Injunctions Under the SAT Act
The State Administrative Tribunal Act 2004 (WA) provides a general power to make injunctions under section 90. This section allows the Tribunal to "grant an interim injunction in any proceeding if it is just and convenient to do so." However, as highlighted in AP [2025] WASAT 18, this power has significant limitations when applied to guardianship matters.
The Tribunal has previously exercised this power in administration matters, as seen in cases such as Public Trustee and BG [2010] WASAT 195, where the Public Trustee sought an injunction to freeze a bank account of a joint administrator who had misappropriated funds. Similarly, in G and N [2009] WASAT 99, the Tribunal restrained parties from acting under competing enduring powers of attorney without prior approval.
However, these cases all relate to financial matters, not personal decisions about health care or welfare.
Inherent Powers Under the Guardianship and Administration Act
The Guardianship and Administration Act 1990 (WA) contains its own provisions that can achieve outcomes similar to injunctions, particularly in administration matters. Section 72(1) and Part B of Schedule 2 provide the Tribunal with broad powers to make orders preserving property.
Paragraph (e) of Part B specifically empowers the Tribunal to "make such orders as it thinks fit for the purpose of preserving the nature, quality, tenure or devolution of any property forming part of the estate." As demonstrated in MK [2013] WASAT 146, the Tribunal can use these powers to restrain third parties from dealing with a represented person's property.
These provisions create an alternative pathway to achieve outcomes similar to injunctions in administration matters without relying on the general injunctive power in the SAT Act.
Critical Distinction: Administration vs. Guardianship
The case of AP [2025] WASAT 18 highlights a crucial distinction between the Tribunal's powers in administration matters versus guardianship matters:
Administration matters: The Tribunal has broad powers to give directions to administrators and third parties to protect a represented person's estate, as illustrated in Public Trustee and BG [2010] WASAT 195.
Guardianship matters: The Tribunal's powers are more constrained. It can only give directions to a guardian if the guardian themselves request that the Tribunal do so under section 47(1) of the Guardianship and Administration Act.
As the Tribunal noted in AP [2025] WASAT 18, there is no equivalent to Part B of Schedule 2 for guardianship matters. The only requirement placed on guardians is that they make decisions solely in the best interests of the represented person, as required by section 51.
The Role of Guardians in Medical Decision-Making
The Tribunal in AP [2025] WASAT 18 emphasized that the role of a guardian involves considering, weighing, and accepting (or not) the opinions and advice of appropriately qualified professionals. As noted in Director Clinical Services, Child & Adolescent Health Services and Kiszko & Anor [2016] FCWA 75 at [101], "determination of best interests is not a precise science. It is multifaceted and complex. It is susceptible to very different conclusions being drawn by different people of equal compassion, sincerity and integrity."
This complexity makes it inappropriate for the Tribunal to make injunctive orders directly interfering with medical treatment decisions that should properly be made by an appointed guardian.
Conclusion
The case of AP [2025] WASAT 18 provides valuable clarification on the limits of the State Administrative Tribunal's injunctive powers in guardianship matters. While the Tribunal has broad powers to protect property in administration matters, it lacks jurisdiction to make injunctive orders regarding personal matters such as medical treatment.
For practitioners advising clients concerned about decisions being made by guardians, the proper course is to seek an urgent review of the guardianship appointment rather than pursuing an injunction. This approach respects the guardian's role as an independent decision-maker acting in the best interests of the represented person while still providing a pathway for concerned family members to have their issues addressed.