Emergency applications
Sometimes there can be an urgent need for an emergency interlocutory order for a proposed represented person, usually to protect a person or their finances from harm. If someone is seeking an order under Section 65 of the Act, there must be an immediate risk of harm to the person’s health, welfare, property or financial situation including because of a risk of abuse, exploitation, neglect of the person or self-neglect.
All emergency interlocutory requests will be determined by an in-person hearing.
If you wish to request an emergency interlocutory order you should complete the application form that relates to the type of order you are seeking (guardianship, administration, or both). You must provide information about the immediate risk of harm to the person on the form under the heading “Do you believe the person is in immediate risk of harm?” if you are seeking an emergency order.
You can find the application forms and more information about requesting an emergency order by visiting the Tasmanian Civil and Administrative Tribunal - Protective Division - Guardianship Stream (the Tribunal) website.
After working hours, requests for emergency interlocutory orders must be discussed with the on-call guardian. Please see the After Hours - on call guardian section for more information.
Emergency interlocutory orders
In urgent situations, where there is an immediate risk of harm to a person's health, property or financial situation, the Tribunal may make an emergency interlocutory guardianship and/or administration order. An urgent hearing will be held, normally on the same day or the following day.
Emergency interlocutory orders last for up to 28 days and can be extended for another 28 days if needed. Only the Public Guardian can be appointed as a person’s guardian under an emergency interlocutory order, unless the person already has a guardian and the guardian urgently needs additional powers. The Tribunal can only appoint the Public Trustee as administrator under an emergency interlocutory administration order.
How to request an emergency interlocutory order
To request an emergency interlocutory order you need to:
- Complete the Tribunal’s application for guardianship form, which can be found on their website
- Part 6 of the application form relates specifically to a request for an emergency interlocutory order, but the entire form needs to be completed
- 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 1800 657 500 (follow prompts for the guardianship stream) or the Office of the Public Guardian on 1800 955 772.
When an emergency interlocutory order is made
When an emergency interlocutory 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 1800 955 772 (statewide), or (03)6165 3444 for emergency after-hours assistance.
After hours emergency interlocutory orders
In limited circumstances, there might be a need for an emergency interlocutory guardianship order outside business hours. The after hours on-call guardian is available to help facilitate requests for emergency interlocutory orders to the Tribunal. This service is available outside business hours for service providers only. Requests during business hours need to be sent to the Tribunal directly.
Please refer to the after hours on-call guardian section for further information.
Please note that emergency interlocutory administration orders cannot not be made out-of-hours. Administration decisions are not possible out of hours as the Public Trustee and financial institutions are closed.