The Guardianship Stream of the Tasmanian Civil and Administrative Tribunal

While informal arrangements are encouraged for people with a disability who may require a guardian, sometimes it is necessary to have a formal arrangement, with an appointed guardian. The Guardianship Stream of the Tasmanian Civil and Administrative Tribunal has the power to appoint guardians and administrators. While many adults with disabilities have a strong support network and will not need the Tribunal’s help, the few who do will need a guardian because of the complexity of decision making.

Problems include:

• Complex financial transactions
• Exploitation, neglect or abuse
• Family disputes, or service provider disputes
• The desire a person with a disability may have to chose independence from the decision-making of their family

The Tribunal can:

• make orders appointing a guardian or an administrator or both for an adult person with a disability who is unable to make reasonable judgements in respect of lifestyle and/or financial matters
• consent to medical treatment for persons with a disability incapable of giving an informed consent
• revoke or vary the terms of an enduring power of attorney
• make an order for the execution of a statutory will for a person who is incapable of making a will

Appealing a Tribunal decision or asking for reasons

Asking for Reasons

If a person is unhappy with an order of the Tribunal that has been made for them, such as the appointment of a guardian or administrator, they can request the reasons for Tribunal’s decision within 21 days of the decision (s74, Tasmanian Civil and Administrative Tribunal Act 2020). You can:

• Ask the Tribunal if they will review your order, especially if your circumstances change or you feel you no longer need a guardian.

Requesting a review

The Tribunal has the power to review any order it makes. Any person, including the represented person, can apply to the Tribunal for a review. A Tribunal can initiate a review itself, if it is believed that this would be in the best interests of the represented person

Appealing

An appeal can be made to the Supreme Court to review Tribunal decisions (s76). Independent legal advice should be sought.

Help with appealing or asking for reasons

There are several services available for help. A friend or family member can help if you need to talk to your Guardian or write to the Tribunal. But there are also other services such as:

• Advocacy Tasmania
• Speak Out Advocacy – their website is currently under construction
• The Ombudsman
• The Health Complaints Commissioner
• The Anti-Discrimination Commissioner