At the start of Part 10 of the Principal Act , the following Divisions are inserted:

Division 1 - Resolution of matters by Public Guardian

69.     Assistance by Public Guardian in resolution of disputes

(1)  If there is conflict in relation to the actions or proposed actions of a guardian or administrator appointed for a represented person, the Public Guardian may, on application, provide preliminary assistance in resolving the matter, including by –

(a) ensuring that the parties to the matter are fully aware of their rights and obligations; and

(b) identifying any issues that are in dispute between parties to the matter; and

(c) canvassing options that may obviate the need for further proceedings; and

(d) where appropriate, facilitating full and open communication between the parties to a dispute; and

(e) seeking to resolve differences between persons in relation to the matter.

(2)  Subsection (1) does not apply where the guardian or administrator appointed for the represented person is the Public Guardian or The Public Trustee.

(3)  An application under this section –

(a) may be made by the represented person or any other person who the Public Guardian is satisfied has a proper interest in the matter; and

(b) must be made in a manner and form determined by the Public Guardian; and

(c) must be accompanied by such information as the Public Guardian may reasonably require.

(4)  The Public Guardian may, in providing preliminary assistance under subsection (1), arrange a mediation between parties to a dispute if all parties to the dispute agree to such a mediation.

(5)  If a matter under this section is resolved by mediation –

(a) the parties must sign an agreement setting out the terms of the settlement; and

(b) the Public Guardian must cause a copy of the signed agreement to be provided to each of the parties; and

(c) the Public Guardian must cause a copy of the signed agreement to be provided to the Tribunal.

(6)  The Public Guardian may bring a mediation to an end at any time –

(a) if, in the opinion of the Public Guardian, it is more appropriate that the matter be dealt with by the Tribunal; or

(b) at the request of a party to the mediation.

(7)  Evidence of anything said or done in the course of a mediation under this section is not admissible in subsequent proceedings except by consent of all parties to the proceedings.

(8)  The Public Guardian may refuse to provide preliminary assistance in resolving a matter under this section if, in the opinion of the Public Guardian –

(a) it is more appropriate that the matter be dealt with by the Tribunal; or

(b) the application is frivolous, vexatious, misconceived, lacking substance or is otherwise an abuse of process.

(9)  If a matter cannot be resolved under this section, the Public Guardian or any party to the dispute may make an application to the Tribunal for a review of the relevant guardianship or administration order under section 67.

70.     Complaints processes

(1)  The Public Guardian is to –

(a) establish procedures for the handling of complaints that are applicable in circumstances where the Public Guardian is appointed as a guardian for a represented person; and

(b) by electronic means and any other means that the Public Guardian considers necessary, ensure that the procedures established under paragraph (a) are publicly available.

(2)  The Public Trustee is to –

(a) establish procedures for the handling of complaints that are applicable in circumstances where The Public Trustee is appointed as an administrator; and

(b) by electronic means and any other means that The Public Trustee considers necessary, ensure that the procedures established under paragraph (a) are publicly available.

(3)  Procedures for the handling of complaints established by the Public Guardian or The Public Trustee under this section are to meet the minimum complaint resolution standards prescribed by the regulations.

Division 2 - Appeals to Supreme Court

71.     Appeal costs

No order for costs is to be made against an applicant on an appeal under section 136(6A) of the Tasmanian Civil and Administrative Tribunal Act 2020 if the applicant is the person to whom the decision that is appealed against relates.