Home
The Tasmanian Civil and Administrative Tribunal - Guardianship Stream
The Tribunal can make decisions for the benefit of persons who have impaired decision-making ability and are unable to make reasonable judgements about personal matters and financial matters.
From 1 September 2024, amendments to the Guardianship and Administration Act 1995 take effect. All forms, information sheets and other materials in the Guardianship stream have been updated and all old materials and forms have been removed on 1 September 2024.
The President has provided a transition guide about these changes.
It is important to read that guide to understand the transition period that applies between 1 September 2024 and 31 October 2024.
From 1 November 2024 the Tribunal cannot accept old forms or applications.
Applicants are strongly encouraged to the use the new applications and forms from 1 September.
Membership of the Tribunal
The Tribunal is an independent statutory decision maker with the authority to appoint guardians or administrators to make important decisions affecting the lives and property of people with impaired decision-making ability.
The Tribunal consists of the President, who is a legal practitioner, and a number of members from legal, medical, accounting and community backgrounds, who are appoined to sit when it conducts its hearings. Members of the Tribunal are appointed for their knowledge and experience in relevant areas of impaired decision-making ability.
Each full Tribunal has a panel of three members. A member of the panel may sit alone as a Tribunal to hear certain types of matters.
Hearings take place in each region of the state when appropriate and at locations suitable for participants.
Why is the Tribunal necessary?
As children, our parents are our legal guardians and they have the power to make most decisions for us. As adults, we are legally entitled to make our own decisions. However, some adults are unable to make important decisions because of impaired decision-making ability.
The Tribunal appoints guardians and administrators to make these decisions if the need arises.
Most adults with impaired decision-making ability do not need a guardian or a financial manager because their family, friends and service providers help them to make decisions and there is no need for a legal order.
Very few people require an order of the Tribunal. Generally an application is only required if there is a problem that cannot be solved without a legally appointed decision-maker. For example:
- complex financial transactions (eg sale of a house, restrictions on a bank account) are required on behalf of the person and the person has impaired decision-making ability to make those transactions
- a person with impaired decision-making ability is being neglected, exploited or abused
- disputes arise within a family (or between a family and service providers) about the kind of support a person with impaired decision-making ability needs and who should provide it
- a person with impaired decision-making ability objects to a plan for his or her care that is supported by family, friends and service providers
In these situations it is sometimes necessary for the Tribunal to appoint a guardian or an administrator to make the required decision.
Easy Read Guides
The Tribunal has Easy Read guides to help you understand guardianship and administration orders and hearings of the Tribunal.