Waters v DHS (Supreme Court) – Sep 2010

This case was an application for leave to appeal a VCAT decision to appoint the Office of the Public Advocate (OPA) as the guardian of RB, a 28-year-old man with a disability. The application was brought by RB’s mother, Mrs Waters, who had applied to VCAT for appointment as RB’s plenary guardian.

The case raised issues about the interpretation of the Guardianship and Administration Act 1986 compatibly with Charter rights and in light of the Convention on the Rights of Persons with Disabilities. It also raised questions regarding whether OPA and to VCAT were public authorities bound to act compatibly with human rights. The Commission sought to bring an independent perspective to the court’s consideration of these significant issues in the context of a matter where the person whose rights were most acutely engaged was not able to participate in the proceedings.

The Supreme Court ordered the parties to attend mediation and the matter settled.