Tasmanian Numbered Acts

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GUARDIANSHIP AND ADMINISTRATION AMENDMENT ACT 2023 (NO. 21 OF 2023) - SECT 47

Sections 51 and 52 substituted
Sections 51 and 52 of the Principal Act are repealed and the following sections are substituted:

51.     Administration orders

(1)  The Tribunal, after a hearing, may make an order appointing an administrator for a person in respect of the person’s financial matters if –
(a) an application for an order appointing an administrator, or for an order appointing a guardian, has been made to the Tribunal in respect of the person; and
(b) the Tribunal is satisfied that the person –
(i) is a person with impaired decision-making ability in respect of decisions relating to those financial matters; and
(ii) is in need of an administrator; and
(c) the Tribunal is satisfied that the order will promote the person's personal and social well-being.
(2)  For the purposes of subsection (1)(b)(ii), in determining whether a person is in need of an administrator, the Tribunal must consider the following:
(a) the wishes and preferences of the person as far as they can be ascertained;
(b) whether the needs of the person could be met by other means that are less restrictive of that person’s freedom of decision and action;
(c) the wishes and preferences of any close family members, carers and other significant persons in the life of the person who are present at the hearing and are entitled to be heard at that hearing.
(3)  If the Tribunal makes an administration order under subsection (1), the order may be subject to such conditions or restrictions as the Tribunal considers necessary.
(4)  The Tribunal must not make an order appointing an administrator for a person in respect of the person’s financial matters unless the Tribunal is satisfied that the administrator is eligible to be appointed in respect of that matter under section 54.
(5)  An order made under this section may be expressed to take effect when the represented person attains the age of 18 years.
(6)  The Tribunal may exercise its powers under this section on an application under Part 4 of the Powers of Attorney Act 2000 .

52.     Expiration of administration orders

(1)  An administration order has effect for 3 years, or such shorter period as the Tribunal may specify in the order, unless the order is continued in effect under section 68.
(2)  In determining the duration of an order, the Tribunal must take into account the following:
(a) the likelihood of improvements to the represented person’s decision-making ability;
(b) the prospect that changes to circumstances, including interventions to establish support arrangements, will mitigate the need for a guardian or administrator (or both);
(c) the requirement that the order is the least restrictive to the person’s freedom of decision and action as is possible in the circumstances.



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