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Orders and interim orders

1. What is an order?
2. What is an interim order?
3. What type of decisions can the Tribunal make?
4. Who can apply for an an interim order?
5. What is required to make an application for an interim order?
6. Can an interim order be requested at any stage before the application is heard?
7. On what basis will an interim order be done?
8. Will an interim order be granted in all circumstances?
9. Can an interim order be made without going to hearing?
10. What happens after an interim order is granted?
11. How long does an interim order last?

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A Tribunal order is a written document advising the outcome of a Tribunal hearing.  It could be an order for the appointment of a guardian for all or some personal matters or the appointment of an administrator for specific areas, e.g., managing the adult’s investments.  Each order is tailored to meet the needs of the adult in the least restrictive way and will state the duration of any appointments made. 

The Tribunal has the power to grant interim orders as an emergency measure when immediate action is required to protect adults with impaired decision-making capacity from situations of harm or risk.  This is a temporary measure for the protection of the adult from abuse, neglect or exploitation. For further information, refer to Presidential Direction 3 of 2007. 

The Guardianship and Administration Act 2000 assumes that every person can make his or her own decisions.  Before the Tribunal can appoint a guardian or administrator there must be sufficient evidence that the adult has impaired decision-making capacity, that there is a need for a decision and that without the appointment of a decision maker, the adult’s needs will not be adequately met or the adult’s interests will not be adequately protected. 

Some of the decisions the Tribunal can make include:

• making a declaration of an adult’s decision-making capacity for some or all matters
• that the informal arrangements in place are adequate to protect the adult 
• appointing an administrator to make some or all financial decisions for an adult with impaired decision-making capacity and how long the appointment will last. 
• appointing a guardian to make some or all personal and health care decisions for an adult with impaired decision-making capacity and how long the appointment will last

A person who has a genuine and continuing interest in the adult can make an application for an interim order.

You must provide:

• evidence by a health professional of the adult’s incapacity
• a completed application for guardianship and/or administration
• a signed statutory declaration
• information setting out:
  • the nature of the serious and immediate risk
  • what other options have been tried
  • the names of the people involved with the adult who have been consulted, or if they have not been consulted, the reasons why consultation has not occurred or is not appropriate.

Yes.  If the adult's circumstances change after the application has been lodged and the adult is now at risk, the applicant can lodge a request for an interim order. 

The Tribunal must be satisfied that on reasonable grounds that urgent action is required, there is evidence of incapacity and that the adult appears to be at imminent risk of harm either personally or financially and that there is no one suitable to act informally for the adult.   

For example, the Tribunal may grant interim orders in the following cases:

• The adult has been physically injured or harmed or the likelihood of injury or harm is imminent or inevitable
• Serious allegations of personal or financial abuse to the adult have been made or
• The adult’s property is at serious risk.

No.  Interim orders are very intrusive on the adult’s rights and are therefore only granted in exceptional circumstances. 

Yes.  If the Tribunal is satisfied that urgent action is required it can make a decision without going to hearing and in the absence of the parties involved.

After an interim order is made, the matter will be scheduled for a Tribunal hearing.  The applicant will be notified of the hearing date and will need to attend.

Interim orders can be made for a period of up to three months depending on the circumstances.  Interim orders of less than three months will only be renewed where there are exceptional circumstances. 

Last updated 10/21/2007

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