The Northern Territory’s adult guardianship scheme: Depriving the vulnerable of a voice

Abstract

On 28 July 2016, a new adult guardianship scheme commenced in the Northern Territory, adopting the tribunal model common to the rest of the country and establishing an independent guardian of last resort. However, the overall impact of the changes has taken the Territory further from compliance with international norms, deprived vulnerable persons of the right to representation and weakened the structural independence of the responsible tribunal. Aboriginal Territorians, disproportionately represented in the guardianship system, have been especially disadvantaged by the ‘streamlined’ process and removal of access to legal representation. Urgent reforms are needed to bring the Territory closer into line with international law and domestic best practice.