Information for Filing of Proceedings over Christmas closure 2022

The President of the Tasmanian Civil and Administrative Tribunal has determined that the TASCAT Registry will be open until 5:00pm on Friday 23 December 2022 and will re-open at 8:45am Tuesday 3 January 2023, pursuant to SR 23(1) of the Tasmanian Civil and Administrative Tribunal Rules 2021.

The following list is issued by the Registrar pursuant to SR 23(2) of the Tasmanian Civil and Administrative Tribunal Rules 2021. This list determines the classes of proceedings which may be filed outside the hours determined by SR 23 (1) – that is, which proceedings may be filed while the Registry is closed for the holiday period.

PROTECTIVE DIVISION

Guardianship Stream (GS)

Any applications for Emergency Orders under Section 65 of the Guardianship and Administration Act 1995 may be lodged with the GS while the Registry is closed, using the out of hours procedures.

As per our out of hours procedures, please contact the Office of the Public Guardian during this time on (03) 6165 6767 in relation to any emergency applications.  If your application is deemed urgent, you will need to complete this form.

By virtue of Statutory Rule 10(4) of the Tasmanian Civil and Administrative Tribunal Rules 2021, any other proceedings or materials that must be filed with the GS during the time that the Registry is closed, that timeframe is extended until 5pm Tuesday 3 January 2023.

Any materials or proceedings filed with the Registry during its closure will be marked as received on 3 Jan 2023.

Mental Health Stream (MHS)

The MHS will continue to receive all applications and notifications that would ordinarily be filed during the usual hours of the Tribunals operations.  The list below sets out those matters.

Mental Health Act 2013

Chapter 2 Assessment Treatment and Management of Patients

Part 3, Division 2

Application for Treatment Order/Interim Treatment Order

Failure to comply

Admission to prevent possible harm

Renewal of Treatment Order

Part 3, Division 6

Transfer of involuntary patients between approved hospitals

Part 3, Division 8

Admission to SMHU (civil)

Part 4, Division 5

Leave of Absence (forensic)

Extension, variation and cancellation of leave (forensic)

Part 5, Division 2

Authorisation of treatment by Tribunal (forensic)

Discharge of treatment authorisation (forensic)

Interim authorisation of treatment by Tribunal member (forensic)

Part 6

Special psychiatric treatment

Chapter 3 Oversight and Review

Part 3, Division 2

Tribunal reviews

Review of Assessment Orders

Review of Treatment Order

Variation of Treatment Order

Review of involuntary admission to SMHU

Review of refusal to return forensic patient to external custodian

Review of status of voluntary inpatient

Review of admission to SMHU of prisoner or youth detainee

Review of urgent circumstances treatment

Review of seclusion and restraint

Review of force

Review of withholding information

Review of involuntary patient of forensic patient transfer within Tasmania

Review of determination relating to leave of absence

Review of exercise of visiting, telephone or correspondence right

Review forensic patient’s treatment authorisation

Other reviews (any decision for which express provision is not made in the Act)

Criminal Justice (Mental Impairment) Act 1999

Any applications under Section 31 of the Criminal Justice (Mental Impairment) Act 1999.

GENERAL DIVISION

Resource and Planning Stream (RPS)

Any interlocutory applications for interim orders under civil enforcement proceedings including but not limited to:

  • Marine Farming Planning Act 1995;
  • Environmental Management and Pollution Control Act 1994;
  • Historic Cultural Heritage Act 1995;
  • Land Use Planning and Approvals Act 1993;
  • Water Management Act 1999;
  • Neighbourhood Disputes About Plants Act 2017;

Where any statutory provision not listed above allows for the making of an interlocutory application for interim orders, a person may make that application while the TASCAT Registry is closed.

By virtue of Statutory Rule 10(4) of the Tasmanian Civil and Administrative Tribunal Rules 2021, any proceedings that fall due to be filed with the RPS while the Registry is closed receive an automatic extension to the timeframe for filing until 5pm Tuesday 3 January 2023.

Any materials or proceedings filed with the Registry during its closure will be marked as received on 3 Jan 2023.

Personal Compensation Stream (PCS)

By virtue of Statutory Rule 10(4) of the Tasmanian Civil and Administrative Tribunal Rules 2021, any proceedings that fall due to be filed with the PCS while the Registry is closed receive an automatic extension to the timeframe for filing until 5pm Tuesday 3 January 2023.

Any materials or proceedings filed with the Registry during its closure will be marked as received on 3 Jan 2023.

Anti-Discrimination Stream (ADS)

By virtue of Statutory Rule 10(4) of the Tasmanian Civil and Administrative Tribunal Rules 2021, any proceedings that fall due to be filed with the ADS while the Registry is closed receive an automatic extension to the timeframe for filing until 5pm Tuesday 3 January 2023.

Any materials or proceedings filed with the Registry during its closure will be marked as received on 3 Jan 2023.

Health Practitioners Stream (HPS)

By virtue of Statutory Rule 10(4) of the Tasmanian Civil and Administrative Tribunal Rules 2021, any proceedings that fall due to be filed with the HPS while the Registry is closed receive an automatic extension to the timeframe for filing until 5pm Tuesday 3 January 2023.

Any materials or proceedings filed with the Registry during its closure will be marked as received on 3 Jan 2023.

Forestry Practices Stream (FPS)

By virtue of Statutory Rule 10(4) of the Tasmanian Civil and Administrative Tribunal Rules 2021, any proceedings that fall due to be filed with the FPS while the Registry is closed receive an automatic extension to the timeframe for filing until 5pm Tuesday 3 January 2023.

Any materials or proceedings filed with the Registry during its closure will be marked as received on 3 Jan 2023.

Updated: 16th December 2022