Dispute Resolution

The Dispute Resolution Service (DRS) is provided by the Office of the Public Guardian. We help people work through and find resolutions to disputes about an Advance Care Directive (ACD) or private substitute decision making arrangements.

The Guardianship and Administration Act 1995 says how we can help.

Our service is:

• person centred;
• voluntary; and
• confidential.

How can the DRS help me?

The DRS can:

• give information to help people understand their rights and obligations regarding an ACD or in relation to private substitute decision making arrangements;
• give information to help people understand and apply the Guardianship and Administration Act 1995;
• help decision makers uphold the wishes stated in an ACD;
• help decision-makers uphold the wishes, views, and preferences of the person they are appointed for;
• help people to identify issues in dispute;
• help with exploring all the options to resolve the dispute;
• help people communicate openly about decision making and disagreements;
• facilitate mediation; and
• help resolve disagreements without the need for formal processes of the Tribunal (TASCAT).

Who can apply for dispute resolution?

Disputes about ACDs:

• the person who gave the ACD;
• the authorised decision-maker for the ACD;
• a health practitioner or health service who is involved with providing health care to the person;
• a party to the mediation held in respect of an ACD; or
• any other person who has a proper interest in the life of the person or interest in the matter.

Disputes about a private guardian or private administrator:

• the represented person;
• the appointed decision-maker (private guardian, enduring guardian, private administrator, or enduring power of attorney);
• close member, friend, or significant person in the represented person's life; or
• any other person with a proper interest in the matter.

You can seek a referral for dispute resolution if:

• a person has made an ACD;
• there is a dispute about making or revoking and ACD;
• there is a dispute about health care decisions in an ACD; or
• there is disagreement about substitute decision making arrangements or a private guardian or private administrator.

Please call 1800 955 772 to request a referral.

How do you resolve disputes?

The DRS gives information to help people understand their rights and obligations under the Guardianship and Administration Act 1995.

We also facilitate mediation to help people come together to explore the issues and concern, develop options and arrive at their own agreed solutions.

Agreements reached at mediation are documented and everyone who attends the mediation is given a copy. As well a copy is legally required to be given to the Tribunal and may be attached, if the dispute is about that, to an ACD.

Mediation may not always bring a resolution to a dispute. In this instance it may need to be resolved by the Tribunal.

Do I have to attend mediation?

No. It is voluntary to take part for everybody involved.

The person at who gave the ACD or is the represented person will be included as much as they wish and is possible to do so without causing any stress to the person.

Is mediation confidential?

Yes. It is a requirement under the Act that mediation cannot be used in any legal proceedings such as a Court or the Tribunal, unless all the participants at the mediation give their permission.

What are substitute decision-making arrangements?

A substitute decision-maker is a person with authority under the Act to make decisions for or on behalf of a person with impaired decision-making ability.

This could be a person who is appointed by the Tribunal as a private guardian or private administrator, or is appointed by way of an Enduring Guardianship or Enduring Power of Attorney instrument by a person with decision-making ability.

What is a represented person?

This means the person in respect of when a guardianship and/or administration order is in force, or who appoints an enduring guardian or enduring power of attorney and is unable (because of impaired decision-making ability) to make decisions in relation to personal matters.

Information relating to Advance Care Directives (ACDs) can be found on our Planning Ahead page. Fact sheets are also available on our Resources page.

You can learn more about the following by clicking on these link:

Private guardians and guardianship

Enduring Guardianship

Enduring Powers of Attorney

Advance Care Directives

Dispute Resolution Service Fact Sheet

Dispute Resolution Service mediation Fact Sheet

Advance Care Planning  Australia

Dying to Talk

Palliative Care Tasmania

Tasmanian Civil and Administrative Tribunal - Protective Division - Guardianship Stream

For more information on Organ and Tissue Donation please refer to:

DonateLife Tasmania