Changes to Emergency Order proceedings

TASCAT Guardianship stream (formerly the Guardianship and Administration Board) will hold oral hearings for Emergency Requests and Emergency Renewal Requests from 8 November 2021.

While Part 8 of the Guardianship and Administration Act 1995 does not require the Tribunal to hold a hearing, the move to an oral hearing provides a greater focus on the centrality of the person who is the subject of the Emergency Request for guardianship and/or administration or suspension of an attorney under a power of attorney. An oral hearing allows greater opportunity to maximise the participation of the Person if they wish to be involved in the hearing and for the Person to be supported to express their views and wishes. It allow the parties to speak to the Request and to receive a copy of the application and supporting documentation and hear all the evidence presented to the Tribunal, before a determination is made.

If the Tribunal proceeds to make an order, the order will be in effect for a period not exceeding 28 days. If an Applicant seeks a renewal of the order, the Tribunal after holding a further oral hearing can proceed to renew the order for a further period not exceeding 28 days. A substantive application for guardianship and/or administration, or a review of an existing order or an enduring power of attorney can be lodged and a hearing of that substantive application will be held.