Protective Division

Guardianship Stream

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Making an application

Anyone who has a genuine concern for the welfare of a person with a decision-making disability can make an application to the Tribunal.

It is strongly recommended that you contact the Tribunal's office on 1800 657 500.

When you contact the Tribunal's office, an officer of the Tribunal will discuss the issues with you and advise on whether a formal application is the appropriate course or if other less restrictive alternatives should be pursued.

Tribunal outcomes

The Guardianship and Administration Act clearly sets out the principles that must be observed when orders or other decisions are made.

The Tribunal must take into account these principles (set out in section 6 of the Act) when considering any matter that comes before it.

The three major principles are -

A function or power conferred, or duty imposed, by this Act is to be performed so that:

  • the means which is the least restrictive of a person's freedom of decision and action as is possible in the circumstances is adopted
  • the best interests of a person with a disability or in respect of whom an application is made under this Act are promoted
  • the wishes of a person with a disability or in respect of whom an application is made under this Act are, if possible, carried into effect

Tribunal decisions remain in place for a maximum of three years and will then be reviewed. If major changes occur which may affect the decision made by the Tribunal then an application for review may be made prior to the scheduled review date.

If you feel that the Tribunal should conduct a review then you should contact the Tribunal's office.

Applications

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, this is extremely rare.

Below is a link to electronic copies of the Application Forms and Health Care Professional Report Forms which may be used, they are PDF files and you will need Adobe Reader to open them.  To complete the forms you may print them out, or, alternatively you may complete them online.

Before downloading an application form

  • Read the Fact Sheets
  • Contact the Tribunal's Office on 1800 657 500

If, after discussing the situation with the Tribunal's staff, there is still a need for an Application, download only the Application Form and Health Care Professional Report Form that applies to your situation.

Please exercise care as:

  • Completing the incorrect Application Form or providing incomplete information may delay the processing of your Application.
  • Most Applications need to be accompanied by a relevant Health Care Professional Report before they can be accepted.

Forms

Capacity and the Law by Nick O'Neill