Tribunal

What is the Guardianship and Administration Tribunal?
Why is a Tribunal needed?
Who is on the Tribunal?
What does the Tribunal do?

What is the Guardianship and Administration Tribunal?

The Tribunal is an independent body established by the Guardianship and Administration Act 2000 (the Act) to appoint decision makers to protect the rights of adults with impaired decision-making capacity. Impaired decision making capacity can be as a result of an intellectual or psychiatric disability, an acquired brain injury, an illness such as dementia or a combination of these.

Click here to view a copy of the Act.

Why is a Tribunal needed?

Many people make informal arrangements to help family members or friends with impaired decision-making capacity deal with important choices, such as, where they live or how to arrange their financial affairs. Sometimes, these arrangements are inadequate to protect the rights and interests of the adult with impaired capacity. The Tribunal provides a way of meeting the decision-making needs of adults who are unable to make decisions for themselves and where the existing arrangements are not working.

Who is on the Tribunal?

The Tribunal is headed by a President, who is a lawyer, and one or more Deputy Presidents. There are over 40 Tribunal Members (including the three Presidential Members) with a variety of backgrounds such as lawyers, educators, psychologists, social workers, counsellors, mental health practitioners and medical practitioners. Most also have personal experience of a person with impaired decision-making capacity. The Tribunal can consist of one, two or three Members, depending on the complexity of the circumstances.

All of these positions, with the exception of the President’s, are part-time and the President can determine which Tribunal members will hear a particular matter. Usually a panel of three members conducts the Tribunal hearing, but a single member or two members can hear some matters.

The Registrar of the Tribunal is able to hear non-contentious matters.

Click here for a list of current Tribunal Members.

What does the Tribunal do?

The Tribunal’s main job is to determine whether or not a person has impaired decision-making capacity and, if necessary, make an order appointing a guardian and/or an administrator. If you want to make formal arrangements to act as someone’s guardian and/or administrator, it is the Tribunal that you apply to via the Registry.

The Tribunal also:

gives directions and advice to guardians and administrators
ratifies decisions by informal decision-makers (e.g., people who have not been formally appointed by the Tribunal)
makes declarations about the decision-making capacity of an adult, guardians, administrators and attorneys (people given enduring power of attorney or statutory health attorneys)
monitors, reviews and amends orders
gives consent for certain medical procedures.

Last updated 10/4/2007

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