Introduction to Guardianship for Adults

This chapter provides the organisational structure of guardianship and administration in Tasmania alongside information about what guardianship means, circumstances when a guardian is needed, administrators and important contacts and resources.

Guardianship and Administration Legislation and Bodies

Guardianship in Tasmania is governed by two primary statutes: the Guardianship and Administration Act 1995, and the Wills Act 2008. Two other Acts – the Mental Health Act 2013, the Powers of Attorney Act 2000 (Part 4) have some influence as well. The bodies that are involved in Guardianship and Administration include the Guardianship Stream of the Tasmanian Civil and Administrative Tribunal (TASCAT),  the Mental Health Stream of TASCAT and the Australian Guardianship Administration Council (AGAC).

Guardianship Stream of the Tasmanian Civil and Administrative Tribunal (TASCAT)

The Guardianship Stream of TASCAT is empowered under statute to make decisions for the benefit of persons who have a disability and are unable to make reasonable judgments about lifestyle and financial matters. The Tribunal exercises powers in relation to:

• Guardianship
• Enduring Guardianship
• Administration
• Enduring powers of attorney
• Emergency situations
• Consent to medical or dental treatment
• Statutory wills

Mental Health Tribunal

The Mental Health Stream of TASCAT protects the rights of people placed on involuntary orders for mental illness. The Tribunal reviews decisions about involuntary orders and their continuation. In making its decisions, the Tribunal must consider the right of the individual to receive necessary treatment, the loss of freedom that the individual experiences when they are treated involuntarily, and, the interests of the community.

The Tribunal may play a part in guardianship because some mental illnesses may qualify a person as a person with a disability who requires a guardian to be appointed to help manage their affairs. A review by the Tribunal that revokes an involuntary order will then impact on the appointment of a guardianship if the person can now manage their own affairs.

Australian Guardianship and Administration Council (AGAC)

AGAC is a body that aims at creating a forum for State bodies and other people involved in guardianship in order to develop consistent approaches to guardianship, provide advice to government, and encourage an open dialogue across jurisdictions to promote quality of outcomes and decision-making.