At present in Australia, matters are heard in Tribunals and the following issues are a concern:
Not a Court of Law
No oath swearing
No Judge
No Jury
Tribunals are not bound by the rules of evidence
Tribunals can determine matters as they see fit
Not the role of the Tribunals to determine the truth
Allegations untested
Cannot appeal on Facts or Evidence
Can only appeal on Question of Law
28 Days to appeal on Questions of Law
Victim is a Protected Person which
Victims and Families have complained about being bullied in mediation sessions and hearings
Natural Justice exists in legislation but not in practice
Transcripts often not recorded or kept at present.
The court must report these matters for Investigation. At present many Administration Offences are ignored.
Professional Standing or position is irrelevant.
follow Procedural Fairness. These Reports must be provided to all parties in the proceedings before the matters are dealt with in a Court of Law in order to allow all parties the right to reply.
the family / support person (as well as the Vulnerable Person) has the right to select the Doctor in question. In cases where the Vulnerable Person refuses an assessment, then an inference can be drawn.
there is probative evidence that the Attorney in question is exploiting or taking advantage of the Principal. This evidence must follow the laws under Rules of Evidence in each State.
and only then issues must be heard in a Court of Law.
There are more viable options for the vulnerable and their families. Family, if possible, should always be allowed to take charge of their own affairs. In cases where this is not possible, then 20+ Law / Accounting Firms should be on offer to families to select who they wish to look after the financial affairs.
These institutions should work with the vulnerable person and their families. Families should not be removed from decision making.
Family Advocates or Support Person first option. n the case of conflict, a Court of Law must , with probative evidence at hand and long term core values, then select the Family Member or Support Person that would honour the vulnerable persons wishes.
Any question of capacity should be addressed in a Court of Law.
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