{"id":"tas:sr-2014-115","name":"Guardianship and Administration (Corresponding Law) Notice 2014","slug":"guardianship-and-administration-corresponding-law-notice-2014","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"115 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187394,"registerId":"tas-tas:sr-2014-115-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This notice may be cited as the [Guardianship and Administration (Corresponding Law) Notice 2014](/view/html/inforce/2026-04-12/sr-2014-115) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This notice takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Corresponding law","content":"### 3 Corresponding law\n\n> The *Mental Capacity Act 2005* of the United Kingdom is declared to be a corresponding law for the purposes of [section 81 of the](/view/html/inforce/2026-04-12/act-1995-044#GS81@EN) [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) .\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 5 November 2014\n\nThis notice is administered in the Department of Justice.","sortOrder":2}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument appears to perform exactly its stated purpose — designating interstate guardianship and administration laws as 'corresponding laws' under Tasmanian legislation. There is no indication of scope creep or deviation from its original administrative intent."},"complexity_factors":["Short administrative/regulatory instrument with narrow, specific purpose","Requires background knowledge of the Guardianship and Administration Act (Tas) to fully understand its function","Involves cross-jurisdictional legal concepts (corresponding laws, mutual recognition) which may be unfamiliar to laypeople","Minimal substantive content — complexity lies in context rather than the instrument itself"],"plain_english_summary":"This administrative notice tells Tasmanian guardianship law to formally recognise equivalent guardianship and administration laws from other Australian states and territories. \n\nIt affects people under guardianship or administration orders, their appointed guardians/administrators, and the professionals who work with them, by allowing interstate orders to be respected and enforced in Tasmania so cross‑border care and decision‑making work more smoothly."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not alter substantive guardianship or administration law; it only nominates the UK Mental Capacity Act 2005 as a corresponding law under s81 (s3). The practical scope of recognition is governed by the existing Guardianship and Administration Act and by how decision‑makers apply that cross‑reference, not by new substantive rules in the notice."},"complexity_factors":["Single substantive operative clause (declares one foreign statute a corresponding law)","Cross‑reference dependence on section 81 of the Guardianship and Administration Act 1995","Possible interpretive work for courts/administrators to map foreign provisions to domestic regimes","Commencement tied to Gazette notification (administrative timing, s2)","Low regulatory burden in the instrument itself but reliance on external statute text (UK Mental Capacity Act 2005)"],"plain_english_summary":"This notice declares the United Kingdom’s Mental Capacity Act 2005 to be a ‘corresponding law’ for the purposes of section 81 of the Guardianship and Administration Act 1995 (s3). Mechanically, that means Australian decision‑makers can treat orders and instruments under the UK Act as equivalent when applying s81; it mainly affects people subject to guardianship or administration and the officials who recognise foreign instruments, creating interpretive work for decision‑makers but no direct new charges in the notice itself (ss2–3)."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This notice performs exactly the narrow, technical function it was designed for: declaring a specific UK statute to be a corresponding law. There is no evidence of scope creep."},"complexity_factors":["Extremely short: only 3 operative sections","No defined terms section","No conditional logic or exceptions","Single cross-reference to one section of one Act","Purely declaratory in effect—simply states a legal equivalence","No procedural requirements or enforcement mechanisms"],"plain_english_summary":"This is a short, technical notice made under Tasmanian law (the Guardianship and Administration Act 1995). It declares that the UK's Mental Capacity Act 2005 is a 'corresponding law' for Tasmanian purposes.\n\n**What this means:**\n- When Tasmanian courts or officials deal with guardianship or administration matters (decisions about who can make choices for adults who can't make their own decisions), they can recognise and work with decisions made under the UK law.\n- This helps when someone moves between Tasmania and the UK, or when assets or family members span both jurisdictions.\n- It creates a bridge between the two legal systems so that protective arrangements (like appointing someone to manage another person's finances or personal affairs) don't have to start from scratch when crossing borders.\n\n**Who it affects:**\n- Adults under guardianship or administration orders in Tasmania or the UK\n- Their families, carers, and appointed decision-makers\n- Tasmanian courts and tribunals dealing with cross-border capacity issues\n\n**Why it matters:**\nWithout this notice, a guardianship order made in the UK might not be recognised in Tasmania. This could leave vulnerable people without proper protection or force families to go through expensive, duplicate legal processes in both countries."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"high","reasoning":"A legislative instrument that contains no operative provisions, no definitions, no schedules, and no substantive legal content cannot logically be 'current' in any meaningful sense. A notice that notifies nothing is a legal nullity in practical effect, yet it is presented as active law spanning over a decade.","confidence":0.72,"description":"The notice states it has been 'current from 5 November 2014 to date' with a file last modified date of 5 July 2017, yet no substantive content, operative provisions, or definitions appear in the text of the instrument itself."},{"type":"other","section":"Status Information - Currency of version","severity":"medium","reasoning":"A 'Corresponding Law' notice derives its legal effect from mirroring or recognising legislation in another jurisdiction. If the corresponding law in that other jurisdiction has been amended or repealed since 2017, the Tasmanian notice may be pointing to legislation that no longer exists in the form recognised, yet it continues to be presented as current and operative. This creates a potential gap between nominal currency and substantive legal validity.","confidence":0.65,"description":"The instrument claims to be current 'to date' (accessed 5 April 2026) but the file was last modified 5 July 2017. If the instrument has not been modified since 2017, the claim that it reflects current law as of 2026 is unverifiable and potentially misleading, particularly for a corresponding law notice whose validity depends entirely on the continued existence and terms of the corresponding interstate legislation."},{"type":"impossible_compliance","section":"Table of Amending Instruments","severity":"high","reasoning":"Under guardianship legislation frameworks, a 'Corresponding Law' notice exists to designate which interstate or territory laws are recognised as corresponding laws for the purpose of reciprocal recognition of guardianship orders. Without any operative schedule or declaration in the text, the instrument cannot achieve its legislative purpose. Any person seeking to rely on it for reciprocal recognition would find no operative content to rely upon.","confidence":0.68,"description":"The instrument references a Table of Amendments via a hyperlink but the substantive content of the notice — including any schedule listing the corresponding laws — is entirely absent from the text provided. A notice that identifies no corresponding law whatsoever cannot perform its statutory function."}],"contradictions":[{"severity":"medium","section_a":"Status Information - File last modified 5 July 2017","section_b":"Currency of version - current from 5 November 2014 to date (accessed 5 April 2026 at 18:31)","confidence":0.61,"description":"The instrument is simultaneously described as unmodified since 5 July 2017 and as 'current to date' as of 5 April 2026. For a corresponding law notice, currency depends on the continued currency of the corresponding law being recognised. An instrument frozen in 2017 cannot self-certify its own currency in 2026 without independent verification of the corresponding jurisdiction's legislative position."}]}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-administration-corresponding-law-notice-2014","history":"/api/acts/guardianship-and-administration-corresponding-law-notice-2014/history","analysis":"/api/acts/guardianship-and-administration-corresponding-law-notice-2014/analysis","conflicts":"/api/acts/guardianship-and-administration-corresponding-law-notice-2014/conflicts","importantCases":"/api/acts/guardianship-and-administration-corresponding-law-notice-2014/important-cases","documents":"/api/acts/guardianship-and-administration-corresponding-law-notice-2014/documents"}}