Warren Entsch (Leichhardt, Liberal Party) Share this | Link to this | Hansard source

In recent months, I've been in receipt of several disturbing accounts from members of the public who have recounted their experiences with Queensland's Office of the Public Guardian. These stories they've shared with me paint a deeply troubling picture of an organisation that, instead of safeguarding the vulnerable, appears to be exercising control and coercion, with an alarming lack of transparency and accountability. In all my years, I've never encountered a government-sanctioned entity that operates with such a veil of secrecy, acting seemingly as a law unto itself.

This issue has been raised before. The public broadcaster, the ABC, on Four Corners, has previously published exposes on this very issue. But it seems that, in the years since this media attention, very little scrutiny has been applied and, accordingly, very little has changed. In fact, in my estimation, things have deteriorated even further.

Last week, I issued a press release expressing my concern regarding the OPG's actions. While the release did not receive widespread media publication, it was shared amongst the very community who are suffering at the hands of the OPG. Since then, my office has been inundated with correspondence from individuals across Australia, sharing their harrowing experiences with guardianship authorities in the broader system, including the Public Trustee and the various state based tribunals and how they all interface. These accounts reveal a disturbing pattern of total overreach, where individuals under guardianship orders are isolated and find it impossible to regain control or where loved ones are entirely shut out.

Shockingly, these guardianship authorities are quite willing and able to weaponise the financial resources of those under their control to quash any legal challenges, effectively silencing dissent and perpetuating their control. The OPG will readily sell property and other income-generating assets to fiercely defend its right to control this person's own life. For loved ones, it's a catch 22. Do you pursue the matter? Do you take it to the Supreme Court and, in the process, leave yourself and your loved ones penniless?

It's not just those subject to OPG control who have raised concerns with me. I've also been approached by multiple staff of the OPG. They've suggested to me that the organisation is totally dysfunctional and clearly should not be charged with making such critically important decisions about people's lives, especially when it struggles to manage its own internal affairs.

It's no wonder that those under the OPG's control are facing tragic outcomes and are finding themselves powerless, without recourse. The secretive nature of the OPG, shielded by privacy laws, makes it nearly impossible for families, advocates or even elected representatives like me to intervene or seek clarity on behalf of those affected. This lack of transparency and accountability is grave injustice to the individuals and families who depend on the state for protection and support.

It is evident that the system is broken. The alarming stories that I've heard are not isolated incidents but symptoms of systematic failure that require immediate attention and comprehensive reform. I appreciate that this is a very difficult area for legislators and bureaucrats to get right, and there will no doubt always be people who are dissatisfied, but it's clear to me that the OPG and the systems of support that are in place to enable them are entirely flawed. No-one is taking responsibility and, I suspect, no-one wants to be held accountable for what appear to be routine injustices, but we must do better for those people who are subjected to these orders. Once you're in the system, you're trapped and powerless to escape. In a democratic society, this is a terrifying prospect, and it's something that we have to address without delay. When I've been contacted by traumatised families and I've reached out asking simple questions of the OPG, they just say, 'We don't have to answer your questions,' and they hang up. They shut down and refuse to be held accountable. I think it's an absolute disgrace. They need to be held accountable for their actions.