During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australia's adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention.
Publisher: Federation Press
Number of pages: 240
Weight: 258 g
Dimensions: 230 x 138 x 12 mm
You may also be interested in...
Please sign in to write a review
Simply reserve online and pay at the counter when you collect. Available in shop from just two hours, subject to availability.
Thank you for your reservation
Your order is now being processed and we have sent a confirmation email to you at
When will my order be ready to collect?
Following the initial email, you will be contacted by the shop to confirm that your item is available for collection.
Call us on or send us an email at
Unfortunately there has been a problem with your order
Please try again or alternatively you can contact your chosen shop on or send us an email at