The Office of the Public Advocate’s work includes:
- Advocacy and investigation services for the appropriate appointment of guardians and administrators and appropriate interventions in relation to enduring powers of attorney and enduring powers of guardianship;
- Guardianship and administration services provided through the appointment of the Public Advocate by the State Administrative Tribunal; and
- Community education services regarding the guardianship and administration system.
Definitions
See Definitions for a description of:
- Personal information
- Sensitive personal information
- Health information
Or refer to the Privacy and Responsible Information Sharing Act 2024.
Further information about Privacy in Western Australia can be found at the Office of the Information Commissioner.
Collection, Use and Disclosure
The Office of the Public Advocate collects, uses and discloses (including to third parties) personal information (which may include sensitive personal information) as is reasonably necessary for the performance of the Public Advocate’s functions or duties or exercise of powers under the Guardianship and Administration Act 1990.
The types of personal information collected can include, but is not limited to:
- Your current situation, circumstances and place of residence.
- Your personal information, such as date of birth, email address, relationship status, and family details.
- Your health information, including accommodation and support service requirements.
- Your financial assets and liabilities, including superannuation or any business holdings.
- Your English fluency.
The types of agencies, organisations or persons we may share your personal information may include health and allied health professionals, service providers, professional advisors, oversight and regulatory bodies, other government organisations, courts, tribunals or other persons (where it is reasonably necessary for carrying out our functions).
If you choose not to provide the information requested, we may not be able to provide the most appropriate information, advocacy, services or support for your circumstances.
We may share information for reasons other than for the original purpose when:
- The law allows us to share the information;
- We are legally required to provide it; or
- You have given informed consent to share it.
Storage and Protection
We keep your information secure and manage it according to the WA Government Cyber Security Policy and the State Records Act 2000. Records are stored, protected, and disposed of based on their sensitivity, with safeguards to prevent unauthorised access, misuse, disclosure, or loss.
Accessing or correcting your personal information
Under the Freedom of Information Act 1992, you have the right to access personal information held by government agencies. You can also ask us to correct information you believe is inaccurate, incomplete, outdated, or misleading.
To request access or a correction, submit a written application to our Freedom of Information team.
For more information see Freedom of Information.
Privacy Policy
This statement is supported by our Privacy Policy, which explains how we manage privacy obligations. You can request a copy of the policy by contacting the Manager, Privacy and Responsible Information Sharing at PRIS@justice.wa.gov.au.
Definitions
Show morePersonal information
| Personal information means - | |
|---|---|
| (a) | information or an opinion, whether true or not, and whether recorded in a material form or not, that relates to an individual, whether living or dead, whose identity is apparent or can reasonably be ascertained from the information or opinion; and |
| (b) | includes information of the following kinds to which paragraph (a) applies — |
| (i) | a name, date of birth or address; |
| (ii) | a unique identifier, online identifier or pseudonym; |
| (iii) | contact information; |
| (iv) | information that relates to an individual’s location; |
| (v) | technical or behavioural information in relation to an individual’s activities, preferences or identity; |
| (vi) | inferred information that relates to an individual, including predictions in relation to an individual’s behaviour or preferences and profiles generated from aggregated information; |
| (vii) | information that relates to 1 or more features specific to the physical, physiological, genetic, mental, behavioural, economic, cultural or social identity of an individual; |
Sensitive personal Information
| Sensitive personal information means - | |
|---|---|
| (a) | that relates to an individual’s — |
| (i) | racial or ethnic origin; or |
| (ii) | gender identity, in a case where the individual’s gender identity does not correspond with their designated sex at birth; or |
| (iii) | sexual orientation or practices; or |
| (iv) | political opinions; or |
| (v) | membership of a political association; or |
| (vi) | religious beliefs or affiliations; or |
| (vii) | philosophical beliefs; or |
| (viii) | membership of a professional or trade association; or |
| (ix) | membership of a trade union; or |
| (x) | criminal record; or |
| (b) | that is health information; or |
| (c) | that is genetic or genomic information (other than health information); or |
| (d) | that is biometric information; or |
| (e) | from which information of a kind referred to in any of paragraphs (a) to (d) can reasonably be inferred; |
Health information
| Health information means - | |
|---|---|
| (a) | personal information that relates to |
| i. | the health (at any time) of an individual; or |
| ii. | the disability (at any time) of an individual; or |
| iii. | an individual’s expressed wishes about the future provision of health services to the individual; or |
| iv. | a health service provided, or to be provided, to an individual; or |
| (b) | other personal information collected to provide, or in providing, a health service; |
| Health service includes any of the following - | |
|---|---|
| (a) | a health service as defined in the Health Services Act 2016 section 7; |
| (b) | the supply or prescription of a medicine by a person registered under the Health Practitioner Regulation National Law (Western Australia); |
| (c) | … |
| (d) | a service or activity, provided in conjunction with a service or activity referred to in paragraph (a), (b) or (c), of a class prescribed by the regulations; |
For more information please refer to the Privacy and Responsible Information Sharing Act 2024.
Collection notice for Advocacy, Investigation, Guardianship and Administration
Show moreThe Office of the Public Advocate will only collect, use and disclose (including to third parties) personal information (which may include sensitive personal information) as is reasonably necessary for the performance of the Public Advocate’s functions or duties or exercise of powers under the Guardianship and Administration Act 1990.
If you choose not to provide the information requested, we may not be able to provide the most appropriate information, advocacy, services or support for your circumstances.
If you provide personal information, then this will be taken as your consent for the Office of the Public Advocate to collect, use and disclose your personal information for the above purposes.
If you would like more information, including how we manage your personal information and who we may disclose personal information to, you can find this in our Privacy Statement.
Collection notice for Community Education
Show moreBy registering for an educational event hosted by the Office of the Public Advocate, information is collected, used and stored by the Office to both facilitate your attendance and potentially alert you to future information sessions that you/your organisation may find useful.
If you provide personal information, then this will be taken as your consent for the Office of the Public Advocate to collect, use and disclose your personal information for the above purposes.
If you would like more information, including how we manage your personal information and who we may disclose personal information to, you can find this in our Privacy Statement.
Freedom of Information
Show moreTo request access to information held by the Office of the Public Advocate, Freedom of Information Access Applications must:
- Be in writing
- Provide enough information so that the documents requested can be identified
- Provide an Australian address to which notices can be sent
- Be lodged at the agency with any application fee (if applicable).
Please address all enquiries and requests to the Freedom of Information Coordinator.
Phone: 1300 858 455 or 61 8 9278 7300
Email: opa@justice.wa.gov.au
Postal address: PO Box 6293, EAST PERTH WA 6892
If you are deaf, or have a hearing impairment or speech impairment, you can contact us through the National Relay Service.
Frequently Asked Questions
Show moreI am in my early twenties and the Public Advocate is my guardian. I have been having private appointments with my doctor. I want these to continue being private, but family members keep calling me and my guardian, asking for updates. Do I have to share my medical records with my family?
No – you are over 18 and you do not have to share medical information with your family.
Under Section 113 of the Guardianship and Administration Act 1990, anyone performing functions under this Act must not disclose personal information unless there is a lawful reason to do so.
A guardian must act in the best interests of the represented person and as you have clearly indicated you wish to keep your medical records private, your guardian should not disclose your personal medical information with any of your family members (subject to the exceptions in s113 of the Guardianship and Administration Act 1990).
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