Tasmania’s guardianship and administration system is changing

From 1 September 2024, amendments to Tasmania’s Guardianship and Administration Act 1995 (the Guardianship Act) will come into effect.

The changes will impact on everyone who is involved with the guardianship system including:

• Those who are under guardianship and administration orders.
• Those who are considering making an application for a guardianship or administration order.
• Service providers who interact with or provide care to persons under guardianship or administration orders.
• Doctors and other professionals responsible for completing reports to the Tasmanian Civil and Administrative Tribunal
• Health and medical researchers wishing to involve people with impaired decision-making ability in their research.

What is changing?

The changes will impact the current guardianship and administration system. Some of the more important reforms are as follows:

• The Public Guardian or Public Trustee will only be appointed where no other person can fulfil the role.
• People under guardianship and administration will be encouraged to make their own decisions, with support where necessary.
• Those who need to make decisions on behalf of a person under guardianship or administration will be required to give effect as far as is practicable to the wishes and preferences of the represented person.
• New complaint resolution and appeal arrangements will be available.
• Restrictions on confidentiality have been lifted in circumstances where a represented person wishes to tell their story.
• Emergency orders will only be able to be made where there is an immediate risk of harm to the health, welfare, property, or financial situation of the person, including where there is a risk of abuse, exploitation, or neglect.
• Greater emphasis will be placed on communicating with the person who is the subject of an application and their family, and more information will be made available on how to seek independent advice and advocacy support.
• The involvement of persons with impaired decision-making ability in health and medical research will now be regulated, including safeguards to ensure that any research has the relevant ethics approvals.

The new system is aimed at increasing the confidence of those who are placed under guardianship and administration that their voices will be heard and respected.

The changes will place people with impaired decision-making ability back at the centre of the system.

When do the changes start?

The amendments to the Guardianship Act will come into effect on 1 September 2024.

What other changes are being made?

The changes to the Guardianship Act are part of a staged process of reform of the guardianship and administration system. The changes that will come into effect on 1 September 2024 represent a second round of reform to the Act.

The first stage of reform provided a legal framework which enables Tasmanians to make advance care directives in relation to future health decisions.

There are several issues that have not been addressed in the first and second rounds of legislative amendments, and these will be considered as part of the next (third) tranche of reforms.