Sometimes the circumstances of a proposed represented person are such that there is an urgent need for an immediate order, usually to protect a person or their estate from harm.
Information on the process for making an emergency application is available from the relevant part of the Tasmanian Civil and Administrative Tribunal's website, including advice regarding emergency applications.
After working hours (only) it is necessary that you discuss the potential request with the on call guardian. Please see the After Hours - on call guardian section for more information.
In urgent situations where there is an immediate risk to a person’s health, welfare or property, the Tribunal can make an emergency guardianship or administration order. In most circumstances, this happens on the same day or the following business day and does not require a hearing to be held. An emergency order is a short order that lasts for up to 28 days, and can be extended for another 28 days if there is a need.
The Tribunal can only appoint the Public Guardian as guardian under an emergency guardianship order, or the Public Trustee as administrator under an emergency administration order.
How to request an emergency order
Requests for an emergency order must be lodged with the Tribunal before 3pm (weekdays) to receive a decision on the same day, unless there are exceptional circumstances.
To request an emergency order:
- Complete the Tribunal’s emergency order application form, which can be found on their website
- Send the request and any other supporting documents to guardianship@ tascat.tas.gov.au
The Tribunal may contact you to gather more information about your request before any hearing is scheduled.
If you need further information or advice you can call the Tribunal on (03) 6165 7500 or the Office of the Public Guardian on (03) 6165 344 to discuss the circumstances.
When an emergency order is made
When an emergency guardianship order is made, the Tribunal will forward the order to the Office of the Public Guardian. The matter will be allocated to a guardian and we will contact you within 24 hours or the next business day. If you require an urgent decision before we contact you, please contact our office on (03) 6165 3444 (statewide).
After hours emergency orders
In limited circumstances, the need for an emergency guardianship order may arise outside business hours. The Office of the Public Guardian is available to facilitate requests for emergency orders to the Tribunal via the after hours on-call guardian.
Our on call guardian is only available to service providers. Please refer to the after hours on-call guardian section for further information.
Please note that emergency administration orders will not be made out-of-hours. Administration decisions are not possible out of hours as the Public Trustee and financial institutions are closed.