Table of Contents

Introduction: Tribunals and substitute decision-making

Popular justice/ Substitute decision-makers/ Responsibilities of guardianship forums/ An empirical focus/ The analysis

Historical background

Guardianship as protection / Confinement and control/ Reformed guardianship procedures/ Australian reforms/ Conclusions


Introduction/ Institutional framework/ Key participants/ Some key differences between jurisdictions/ Conclusions

Popular justice and citizenship

Introduction/ Paradoxes of guardianship/ Citizenship and the state / Conclusions

The research process

Data and methods/ Changes in the research approach/ Some alternative perspectives/ Conclusions

Judicial decisions: a statistical profile

Introduction/ Data sources for courts and tribunals/ Obtaining and weighing the evidence/ Matching the decision to the need/ Conclusions

Narratives of guardianship: Consensus, access or systemic change?

Introduction/ Comparison 1: Routine money management/ Comparison 2: Self-harm/ Comparison 3: Sterilisation/ Conclusions

The hearing process: Encounters and ceremonies

Introduction/ Hearings as encounters/ Hearings as ceremonies/ Court ceremonies/ Conclusions

Guardianship outcomes: Changed lifestyles, satisfaction, or disappointment?

Introduction/ Outcomes in court systems/ Outcomes in tribunal systems/ Conclusion

Structures of justice

Introduction/ New South Wales and Victoria: Organisational structures/ Comparison with court systems/ Conclusions


Introduction/ Court-tribunal comparisons/ The state and popular justice/ Citizenship and the state/ Lessons for judicial reform?/ Conclusion

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