Inquiry into Guardianship and Administration

In May 2026, the AMA (WA) made a submission to the Legislative Assembly Community Development and Justice Standing Committee (the Standing Committee) inquiry into the guardianship and administration system in Western Australia. The submission focused on the role and conduct of the State Administrative Tribunal (SAT) and, in particular, the ongoing lack of reimbursement for medical practitioners who prepare medical reports required for proceedings under the Guardianship and Administration Act 1990 (WA) (the Act).

SAT decision-making in this jurisdiction depends on timely, high-quality medical evidence. However, the current system relies heavily on unfunded and uncompensated clinical labour, often provided by non-salaried treating general practitioners (GPs) and other non-GP specialists working outside the public sector, to perform an essential statutory function for vulnerable Western Australians.

In its Final Report for Project 114 on the Act from December 2025, the Law Reform Commission of Western Australia (the Commission) stated that “the lack of remuneration for medical and other experts who spend time completing and giving evidence in proceedings under the Act should be addressed”.

The Commission did not make a formal recommendation on this issue, noting that reimbursement arrangements would not ordinarily be addressed in legislation and may intersect with Commonwealth Medicare settings.

The AMA (WA) appreciated advice from the Attorney General, Hon Dr Tony Buti MLA, in May 2026, stating that he is giving careful consideration to reimbursement and had instructed the Department of Justice to investigate the matter.

The AMA (WA) respectfully submitted to the Attorney General and Standing Committee that a practical Western Australian solution to this longstanding issue does not depend on Commonwealth involvement –namely, a State-funded reimbursement mechanism for SAT-requested medical reports.