Emergency applications
Sometimes the circumstances of a proposed represented person mean that there is an urgent need for an immediate order, usually to protect a person or their estate from harm.
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 (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.
Emergency orders
In urgent situations, where there is an immediate risk to a person’s health, welfare or property, the Tribunal may make an emergency guardianship or administration order. An urgent hearing will be held, normally on the same day or following day.
Emergency 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 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 administration order.
How to request an emergency order
To request an emergency order you need to:
- 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 1800 657 500 (follow prompts for the guardianship stream) or the Office of the Public Guardian on 1800 955 772.
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 1800 955 772 (statewide), or (03)6165 3444 for emergency after-hours assistance.
After hours emergency orders
In limited circumstances, there might be a need for an emergency guardianship order outside business hours. The after hours on-call guardian is available to help facilitate requests for emergency orders to the Tribunal. This service is available outside business hours only and 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 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.