MEDIA RELEASE 26/10/24
Aged & disability advocates are again calling on Kiara’s Law to get all family guardianship matters taken out of the South Australian Civil & Administrative Tribunal (SACAT) & sent directly into the Supreme Court or to commence in a lower court with access to justice through a higher court, after the death of 90-year-old “Kathleen” whilst under full State Guardianship.
Kathleen’s advocates & supporters are calling for justice & accountability after she was taken out of her own home, removed from the loving care of her son & placed into a nursing home, whilst still amply cognitively capable of making her own decisions. Instead, whilst still alive & well, her home was gutted, prepared for sale & all of her rights, decisions & choices were taken away from her - under the watchful eye of the Public Advocate & Attorney-General’s Department (AGD); whilst ignoring all correspondences to his office seeking remedy & intervention to rescue Kathleen from her foreseeable demise.
Kathleen died on Monday 1st July 2024, less than four (4) months after being placed under full State Guardianship, never knowing: why she had been placed into State Guardianship; who put her under Guardianship; why her son was prevented from seeing her; or getting answers to her many questions. Kathleen was isolated from everyone who cared for her including her two General Practitioners, professional carers & long-time family friends, all on the edict of her daughter & with the nod of approval by the Office of Public Advocate (OPA).
Forensic Social Worker & human rights advocate, Matilda Bawden, said “No evidence of incapacity was needed, other than a questionable diagnosis of alleged “mild” dementia. No proof of any bad decision-making, like financial exploitation or outrageous purchases. No wrongdoing by Kathleen was needed. No behavioural concerns. It was a case of Death by Diagnosis.”
The OPA & SACAT colluded to incarcerate Kathleen in a nursing home, & even denied her the right to appear at the SACAT, to hear the claims against her & her son, to seek her views or respond to the Guardianship application lodged by her daughter who resides in Victoria.
The Attorney-General’s Department (AGD) stacked the deck with lawyers for the OPA, Legal Services Commission & the Public Trustees all present to fight Kathleen’s son, Ammun Luca, as he sought to release his mother from State Guardianship on the grounds that SACAT never had original jurisdiction to even hear an application from interstate under s75(4) of the Constitution. The Constitution makes clear that the High Court (NOT SACAT) has Original Jurisdiction.
In all matters--
(i.) Arising under any treaty:
(ii.) Affecting consuls or other representatives of other countries:
(iii.) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party:
(iv.) Between States, or between residents of different States, or between a State & a resident of another State:
(v.) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth:
the High Court shall have original jurisdiction.
“Instead, SACAT thumbed its nose at the Constitution and now that she’s dead, while Mr. Luca is now up against an army of AGD legal representatives in the Supreme Court ready to ensure that no investigation into Kathleen’s organised murder or the misconduct of public bureaucrats will ever take place” Ms. Bawden said.
“What was done to Kathleen was criminal in its intent” Ms. Bawden said. “The deprivation of all her rights & liberties were no accident. It was systematically planned, executed and covered up by the OPA. Supreme Court Judge Bampton even ruled that Kathleen’s body could be cremated despite a Coronial investigation still pending - before any explanation for her suspicious death was possible; leaving strange questions begging for impossible answers according to her advocates”.
Kathleen’s community is calling on the enactment of Kiara’s Law, which takes its name after the woman with Cerebral Palsy who was subjected to horrific human rights abuses by SACAT & other State government authorities for two tortuous years. Kiara came to the attention of the Adult Safeguarding Unit (ASU) after an NDIA Planner breached privacy by leaking two professional reports written for Kiara’s mother. This breach was an act of retribution by the Planner for being challenged at the Administrative Appeals Tribunal (AAT) by the Support Coordinator. Despite a legally compliant Enduring Power of Attorney (EPOA) written by a professional legal firm declaring her parents as legal guardians, Kiara was forced to enduretwo years under the constant spectre of being ripped out of her loving family’s care, before finally having the application by the ASU denied by SACAT.
“Kiara & Kathleen were forced to undergo capacity assessments against their wishes & without their consent. Kathleen was frequently video recorded vigorously protesting her wrongful isolation & incarceration by the OPA & clearly demonstrating that her cognitive capacity was well intact. Now the State is fighting to keep any & all evidence of her murder out of the court & out of public view”. Ms. Bawden said. “We cannot expect the State to protect the elderly or safeguard their interests, especially after Ms. Anne Gale (OPA) submitted to the SA Parliamentary Social Development Committee that a Human Rights Act for South Australia would be “inconsistent” with the role of the OPA. Can you imagine that?” Ms. Bawden said. “Once the State takes hold of an individual, that person is effectively sent to a Gulag & their identity is erased. The vulnerable are dead under the law! Parents, siblings & significant others (including Psychologists, GP’s & NDIS practitioners) have absolutely no say”, Ms. Bawden said. “OPA guardians never even have to meet the protected person.”
Ms Bawden said, “Current guardianship practices are dangerous & they are being abused by the OPA daily. Any disability or illness is now sufficient enough to render anyone mentally incompetent for Guardianship Orders. An application, no matter how frivolous or vexatious, is enough to see a vulnerable person isolated from their entire community, whilst legislative protections are bypassed entirely. A disability or symptoms of illness can be weaponized against unsuspecting families even where they are not at risk physically, emotionally or economically.”
Among many other things, Kiara’s Law demands that:
- A Quality Assurance Unit be established within the OPA to forensically investigate complaints from interested parties.
- Regular monthly face-to-face visits between the Guardian & “protected” persons;
- Compulsory 6-monthly Case Conferencing between the OPA, protected person, family, carers & treating practitioners, etc…
- All interviews with a protected person to be recorded by bodycam, as used by Police to ensure honesty, integrity & transparency & to preserve critical evidence for the courts; especially where rogue public officials behave against the interests of the “protected person”. Audio & video recordings are now lawful even in aged care institutions & must equally be available in State-run & NDIS-funded facilities also.
- All guardianship matters to be decided in the regular Courts, where the Rules of Evidence apply, to ensure that innocent people are not wrongfully incarcerated or deprived of their liberties & freedoms by the State based on rumour, innuendo, hearsay, conflicts of interest, personal prejudices or professional bias. There must be NO COST to anyone for having these matters heard, given the extreme public interest in protecting innocent & vulnerable citizens from persecution & wrongdoing by the State.
Matilda Bawden is available for comment any time by email:
matildabawden@gmail.com or Mob: 0412 836 685