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Review of the Guardianship and Administration Act 1995

The Tasmania Law Reform Institute (TLRI) is currently undertaking a review of Tasmania’s Guardianship and Administration Act 1995.

The review was initiated by then Attorney-General, The Hon. Vanessa Goodwin MLC, in December 2015 in response to developments in law and policy nationally and internationally that promote the human rights of people with disability, including the right to be treated equally before the law.

The purpose of the review is to ensure that guardianship and administration law in Tasmania is responsive to the needs of persons in the community with impaired decision making capacities and advances, promotes and protects the rights of people with impaired decision making capacity.

The Review examines the roles of administrators, guardians, persons responsible, the Guardianship and Administration Board and Public Guardian in making substitute decisions for people with disability who are deemed unable to make their own decisions.

The TLRI has recently released an Issues Paper calling for community feedback on how informal arrangements to support decision-making are working for Tasmanians with disability. The Paper also presents a range of options for reforming guardianship laws in Tasmania, including new ways to provide people with support to make their own decisions.

As part of the Review, the TLRI has produced a short video which provides an overview of the Review and an introduction to the Guardianship and Administration Act 1995. Follow this link to watch the video.

A copy of the Issues Paper and details on how to make a submission are available on the Tasmanian Law Reform Institute website (external link).

Please note that the review is being conducted by the TLRI independently of the Department of Justice and therefore the contents of the Issues Paper do not necessarily reflect the position or views of the Department or government.