Section 65 of the Principal Act is repealed and the following section is substituted:

65.     Emergency orders

(1)  For the purposes of this section, a person is in immediate risk of harm if there is an immediate risk of harm to the health, welfare, property or financial situation of the person, including because of the risk of abuse, exploitation or neglect of the person, or self-neglect.

(2)  If the Tribunal considers a represented person is in immediate risk of harm, the Tribunal may, on an application and after a hearing, make any interlocutory order or give such advice or direction in respect of the represented person as the Tribunal considers appropriate.

(3)  If the Tribunal considers that a person who is not a represented person is in immediate risk of harm and that there may be grounds for making a guardianship order or an administration order in respect of that person, the Tribunal may, on an application under section 20 or 51 and after a hearing, do either or both of the following:

(a) make an interlocutory order appointing –

(i) the Public Guardian as the person's guardian; or

(ii) The Public Trustee as administrator in respect of the financial matters of the person;

(b) make such other interlocutory orders or give such advice or direction in respect of the person as the Tribunal considers appropriate to manage the immediate risk of harm.

(4)  The Tribunal may, in holding a hearing under this section –

(a) vary the requirement to give notice of the hearing under clause 5 of Part 4 of Schedule 3 to the Tasmanian Civil and Administrative Tribunal Act 2020 ; or

(b) vary or dispense with a requirement for an application to contain prescribed information –

if the Tribunal is of the opinion that there is an immediate risk of harm to the person's health, welfare, property or financial situation if such a variation or dispensation were not made, including because of a risk of abuse, exploitation, neglect of the person, or self-neglect.

(5)  In the exercise of its powers under this section the Tribunal may make –

(a) an administration order in respect of a person’s financial matters; or

(b) a guardianship order in respect of one or more of a person’s personal matters –

if that person is an adult who has granted an enduring power of attorney that is in force under Part 4 of the Powers of Attorney Act 2000 .

(6)  An interlocutory order under this section –

(a) remains in effect for such period specified in the order as the Tribunal determines but not exceeding 28 days; and

(b) may only be renewed once for a further period not exceeding 28 days.

(7)  An interlocutory order under this section may be subject to such conditions or restrictions as the Tribunal considers necessary.