{"id":"tas:sr-2017-066","name":"Guardianship and Administration Regulations 2017","slug":"guardianship-and-administration-regulations-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"66 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186079,"registerId":"tas-tas:sr-2017-066-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Guardianship and Administration Regulations 2017](/view/html/inforce/2026-04-12/sr-2017-066) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 17 October 2017.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) ;\n> \n> > ***drug of addiction*** means a substance listed in Schedule 8 to the Poisons List;\n> \n> [*\\[Regulation 3 Amended by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS4@Hpa@EN)\n> \n> > ***Poisons List*** has the same meaning as in the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) ;\n> \n> [*\\[Regulation 3 Amended by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS4@Hpb@EN)\n> \n> > ***restricted substance*** means a substance listed in Schedule 4 to the Poisons List.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Applications under the Act","content":"# Part 2 Applications under the Act\n\n[*\\[Part 2 Substituted by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN) [*\\[Division 1 of Part 2 Rescinded by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application to be supported by report","content":"### 4 Application to be supported by report\n\n> [*\\[Regulation 4 Substituted by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN)\n> \n> > (1)  An application to the Tribunal under the Act in respect of a person, other than an application made under [section 44](/view/html/inforce/2026-04-12/act-1995-044#GS44@EN) , is to be supported by a report from a health practitioner or other person with relevant qualifications and expertise to conduct an assessment of a person’s decision-making ability –\n> > \n> > > > (a) detailing, in accordance with [Part 2](/view/html/inforce/2026-04-12/act-1995-044#HP2@EN) of the Act, the impairment to the decision-making ability of the person in respect of whom the application is made; and\n> > > \n> > > > (b) stating the opinion of the health practitioner or other person conducting the assessment as to whether the impairment to the person’s decision-making ability affects the ability of the person to make decisions in respect of one or more of the following:\n> > > > \n> > > > > > (i) personal matters;\n> > > > > \n> > > > > > (ii) financial matters; and\n> > > \n> > > > (c) providing details of reasonable steps taken to provide practicable and appropriate support to enable the person to make or communicate decisions in relation to matters specified in [subregulation (1)(b)](#GS4@Gs1@Hpb@EN) .\n> \n> > (2)  [Subregulation (1)](#GS4@Gs1@EN) does not apply to a request under [section 58](/view/html/inforce/2026-04-12/act-1995-044#GS58@EN) of the Act.\n> \n> > (3)  An application for the purpose of [section 44](/view/html/inforce/2026-04-12/act-1995-044#GS44@EN) of the Act is to be supported by a report from a registered health practitioner detailing the following prescribed information:\n> > \n> > > > (a) the condition requiring treatment;\n> > > \n> > > > (b) the nature of the proposed treatment;\n> > > \n> > > > (c) the date, time and place of the proposed treatment, if known;\n> > > \n> > > > (d) the impairment to the decision-making ability of the person in respect of whom the application is made;\n> > > \n> > > > (e) how the impairment affects the capacity of the person to give consent to the proposed treatment;\n> > > \n> > > > (f) the steps that have been taken to provide the person with any practicable and appropriate support needed to make or communicate decisions as to the proposed treatment;\n> > > \n> > > > (g) whether the person concerned is, or is likely to become, capable of consenting to the treatment;\n> > > \n> > > > (h) the risks to that person of carrying out the treatment;\n> > > \n> > > > (i) the risks to that person of failure to carry out the treatment;\n> > > \n> > > > (j) whether the proposed treatment can be postponed on the grounds that better treatment may become available;\n> > > \n> > > > (k) any alternative treatment available to that person.\n> \n> > (4)  An application for the purposes of [section 48O](/view/html/inforce/2026-04-12/act-1995-044#GS48O@EN) of the Act in relation to any matter, question or dispute under [Part 6A](/view/html/inforce/2026-04-12/act-1995-044#HP6A@EN) of the Act is to –\n> > \n> > > > (a) be supported by a report that meets the requirements of [subregulation (1)](#GS4@Gs1@EN) ; and\n> > > \n> > > > (b) include a report from the health and medical research practitioner conducting or proposing to conduct health and medical research, in relation to the person in respect of whom the application is made, detailing –\n> > > > \n> > > > > > (i) the nature of the health and medical research; and\n> > > > > \n> > > > > > (ii) evidence of approval to conduct the research and any relevant conditions associated with that approval; and\n> > > > > \n> > > > > > (iii) the nature of any health or medical research already conducted; and\n> > > > > \n> > > > > > (iv) the risks to the person of carrying out the research; and\n> > > > > \n> > > > > > (v) the risks to the person of not carrying out the research.\n> \n> > (5)  If a report is not provided in accordance with [subregulations (1)](#GS4@Gs1@EN) , [(2)](#GS4@Gs2@EN) or [(3)](#GS4@Gs3@EN) , a statement must be supplied detailing the reasons why the report cannot be provided.\n> \n> > (6)  A health practitioner or other person with relevant qualifications and expertise to conduct an assessment of a person’s decision-making ability must not submit a report that deals with the decision-making ability of a close family member of the person.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application to be supported by declaration","content":"### 5 Application to be supported by declaration\n\n> [*\\[Regulation 5 Substituted by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN)\n> \n> > (1)  An application to the Tribunal made under the Act is to be supported by a declaration by the person making the application that –\n> > \n> > > > (a) reasonable steps have been taken to comply with [section 13](/view/html/inforce/2026-04-12/act-1995-044#GS13@EN) of the Act; and\n> > > \n> > > > (b) all the information contained in the application is true and accurate; and\n> > > \n> > > > (c) the application is not misleading; and\n> > > \n> > > > (d) no details relevant to the application have been omitted.\n> \n> > (2)  A person must not make an application under the Act that is false or misleading in a material particular.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.","sortOrder":6},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n[*\\[Regulation 6 Rescinded by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN)","sortOrder":7},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n[*\\[Regulation 7 Rescinded by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN)","sortOrder":8},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n[*\\[Regulation 8 Rescinded by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN)","sortOrder":9},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n[*\\[Regulation 9 Rescinded by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN)","sortOrder":10},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n[*\\[Regulation 10 Rescinded by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS5@EN)","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Treatment","content":"# Part 3 Treatment","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Special treatment","content":"### 11 Special treatment\n\n> The following treatments are declared to be special treatment for the purposes of [Part 6](/view/html/inforce/2026-04-12/act-1995-044#HP6@EN) of the Act:\n> \n> > > (a) psychosurgery, including any neurological procedure carried out for the relief of the symptoms of Parkinson's disease;\n> > \n> > > (b) any treatment involving the use of an aversive stimulus, whether that stimulus is mechanical, chemical, physical or otherwise.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Medical or dental treatment without consent","content":"### 12 Medical or dental treatment without consent\n\n> For the purposes of [section 41(2)](/view/html/inforce/2026-04-12/act-1995-044#GS41@Gs2@EN) of the Act, the following cases are specified as cases where medical or dental treatment may not be carried out, on a person to whom [Part 6](/view/html/inforce/2026-04-12/act-1995-044#HP6@EN) of the Act applies, without consent under [Division 2](/view/html/inforce/2026-04-12/act-1995-044#HP6@HD2@EN) of that Part:\n> \n> > > (a) the treatment is continuing or ongoing and involves the administration of a restricted substance primarily to control the conduct of the person to whom it is given;\n> > \n> > > (b) the treatment involves the administration of a drug of addiction other than in association with the treatment of cancer or palliative care of a terminally ill patient;\n> > \n> > > (c) the treatment involves electroconvulsive therapy (ECT);\n> > \n> > > (d) the treatment involves a substantial risk to the person to whom it is given of –\n> > > \n> > > > > (i) death; or\n> > > > \n> > > > > (ii) brain damage; or\n> > > > \n> > > > > (iii) paralysis; or\n> > > > \n> > > > > (iv) permanent loss of function of any organ or limb; or\n> > > > \n> > > > > (v) permanent and disfiguring scarring; or\n> > > > \n> > > > > (vi) extreme pain or distress;\n> > \n> > > (e) the treatment is intended, or is likely, to result in the removal of all or a substantial number of teeth.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Oral consent to be confirmed in writing","content":"### 13 Oral consent to be confirmed in writing\n\n> If a person responsible for a person to whom [Part 6](/view/html/inforce/2026-04-12/act-1995-044#HP6@EN) of the Act applies gives consent under [section 43](/view/html/inforce/2026-04-12/act-1995-044#GS43@EN) of the Act orally, the responsible person must give written confirmation of that consent as soon as practicable to the person to whom the consent was given orally.","sortOrder":15},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Advance care directives","content":"# Part 3A Advance care directives","sortOrder":16},{"sectionNumber":"13A","sectionType":"section","heading":"Interpretation of Part","content":"### 13A Interpretation of Part\n\n> [*\\[Regulation 13A Inserted by S.R. 2022, No. 88, Applied:21 Nov 2022\\]*](/view/html/inforce/2022-11-21/sr-2022-088#GS4@EN) In this Part –\n> \n> > ***health care*** has the same meaning as in [section 35E](/view/html/inforce/2026-04-12/act-1995-044#GS35E@EN) of the Act.","sortOrder":17},{"sectionNumber":"13AB","sectionType":"section","heading":"Speech pathologists prescribed as health practitioners","content":"### 13AB Speech pathologists prescribed as health practitioners\n\n> [*\\[Regulation 13AB Inserted by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS6@EN) For the purposes of [Part 5A](/view/html/inforce/2026-04-12/act-1995-044#HP5A@EN) of the Act, a speech pathologist is prescribed as a health practitioner.","sortOrder":18},{"sectionNumber":"13B","sectionType":"section","heading":"Mandatory health care","content":"### 13B Mandatory health care\n\n> [*\\[Regulation 13B Inserted by S.R. 2022, No. 88, Applied:21 Nov 2022\\]*](/view/html/inforce/2022-11-21/sr-2022-088#GS4@EN) For the purposes of the definition of *mandatory health care* in [section 35L(1)](/view/html/inforce/2026-04-12/act-1995-044#GS35L@Gs1@EN) of the Act, health care that is required under a direction given by the Director of Public Health under [section 42 of the](/view/html/inforce/2026-04-12/act-1997-086#GS42@EN) [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) is of a kind prescribed.","sortOrder":19},{"sectionNumber":"13C","sectionType":"section","heading":"Application to register advance care directive","content":"### 13C Application to register advance care directive\n\n> [*\\[Regulation 13C Inserted by S.R. 2022, No. 88, Applied:21 Nov 2022\\]*](/view/html/inforce/2022-11-21/sr-2022-088#GS4@EN)\n> \n> > (1)  An application to register an advance care directive under [section 35X](/view/html/inforce/2026-04-12/act-1995-044#GS35X@EN) of the Act may be made by –\n> > \n> > > > (a) the person who gave the advance care directive; or\n> > > \n> > > > (b) the legal representative of the person who gave the advance care directive; or\n> > > \n> > > > (c) an adult on behalf of the person who gave the advance care directive only if the registration of the advance care directive by that adult is requested by the person; or\n> > > \n> > > > (d) a guardian for the person who gave the advance care directive, if that guardian has authority to make health care decisions in respect of that person; or\n> > > \n> > > > (e) the person responsible under the Act for the person who gave the advance care directive; or\n> > > \n> > > > (f) any other person who the Tribunal is satisfied has a proper interest in the matter.\n> \n> > (2)  An application to register an advance care directive under [section 35X](/view/html/inforce/2026-04-12/act-1995-044#GS35X@EN) of the Act –\n> > \n> > > > (a) is to be in a form approved by the Tribunal; and\n> > > \n> > > > (b) must include a written, original copy of the advance care directive.","sortOrder":20},{"sectionNumber":"13D","sectionType":"section","heading":"Revocation of advance care directive","content":"### 13D Revocation of advance care directive\n\n> [*\\[Regulation 13D Inserted by S.R. 2022, No. 88, Applied:21 Nov 2022\\]*](/view/html/inforce/2022-11-21/sr-2022-088#GS4@EN)\n> \n> > (1)  For the purposes of [section 35Y](/view/html/inforce/2026-04-12/act-1995-044#GS35Y@EN) of the Act, a person who has given a written advance care directive may revoke that advance care directive by giving, or causing to be given, a written indication that the person has revoked the advance care directive.\n> \n> > (2)  For the purposes of [section 35Y](/view/html/inforce/2026-04-12/act-1995-044#GS35Y@EN) of the Act, a person who has given an advance care directive by means other than writing, may revoke that advance care directive –\n> > \n> > > > (a) in the same manner as the advance care directive was given; or\n> > > \n> > > > (b) by giving, or causing to be given, a written indication that the person has revoked the advance care directive.","sortOrder":21},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Public Guardian and Public Trustee Complaints Processes","content":"# Part 3B Public Guardian and Public Trustee Complaints Processes","sortOrder":22},{"sectionNumber":"13E","sectionType":"section","heading":"Complaints processes","content":"### 13E Complaints processes\n\n> [*\\[Regulation 13E Inserted by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS7@EN) For the purposes of [section 70(3)](/view/html/inforce/2026-04-12/act-1995-044#GS70@Gs3@EN) of the Act, any complaints processes established by the Public Guardian and the Public Trustee are to be consistent with Australian Standard 10002 Guidelines for complaint management in organisations (ISO 1002:2018 NEQ), as amended or replaced from time to time.","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":24},{"sectionNumber":"14","sectionType":"section","heading":"Fees","content":"### 14 Fees\n\n> The fees specified in Schedule 1 are the fees payable for the purposes of the Act in respect of the matters to which they relate.","sortOrder":25},{"sectionNumber":"15","sectionType":"section","heading":"Fees for examining statement of certain accounts","content":"### 15 Fees for examining statement of certain accounts\n\n> > (1)  In this regulation –\n> > \n> > > [*\\[Regulation 15 Subregulation (1) amended by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS8@EN) ***relevant estate*** means an estate of a represented person that is of more than $50,000 in value at the last day of the period to which a statement of the accounts of the estate, provided to the Tribunal under [section 63](/view/html/inforce/2026-04-12/act-1995-044#GS63@EN) in respect of the estate, relates.\n> \n> > (2)  [*\\[Regulation 15 Subregulation (2) amended by No. 18 of 2021, s. 172, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS172@EN) On providing to the Tribunal a statement of the accounts of the estate under [section 63](/view/html/inforce/2026-04-12/act-1995-044#GS63@EN) , the administrator of a relevant estate must pay the following fee for the Tribunal to examine the statement in accordance with [section 63(4)](/view/html/inforce/2026-04-12/act-1995-044#GS63@Gs4@EN) :\n> > \n> > > > (a) if the administrator is the Public Trustee, or a trustee company within the meaning of the [Trustee Companies Act 1953](/view/html/inforce/2026-04-12/act-1953-072) , a fee of 83.5 fee units;\n> > > \n> > > > (b) if the administrator is not the Public Trustee, or a trustee company within the meaning of the [Trustee Companies Act 1953](/view/html/inforce/2026-04-12/act-1953-072) , a fee of 118 fee units.\n> \n> > (3)  The value of the following items are not to be taken into account in determining the value of an estate of a represented person for the purposes of this regulation:\n> > \n> > > > (a) the represented person's household furniture and effects, including personal jewellery;\n> > > \n> > > > (b) the represented person's principal place of residence;\n> > > \n> > > > (c) the principal place of residence of the spouse of the represented person or a child, of the represented person, who is a minor;\n> > > \n> > > > (d) the represented person's former principal place of residence, if –\n> > > > \n> > > > > > (i) it has been, at any time during the period to which the statement of the accounts relates, occupied by the represented person; and\n> > > > > \n> > > > > > (ii) it was not rented to another person at any time during that period;\n> > > \n> > > > (e) any deposit or bond that is held by a residential aged care facility in respect of the represented person.","sortOrder":26},{"sectionNumber":"16","sectionType":"section","heading":"Waiver of fees","content":"### 16 Waiver of fees\n\n> [*\\[Regulation 16 Amended by No. 18 of 2021, s. 173, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS173@EN) On the application of a person, a registrar, within the meaning of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) , may waive all or part of a fee that would otherwise be payable under these regulations by the person, if the registrar is satisfied that requiring the person to pay all or part of the fee would cause undue hardship to the person or a person represented by the person.","sortOrder":27},{"sectionNumber":"17","sectionType":"section","heading":"Inspection of register","content":"### 17 Inspection of register\n\n> [*\\[Regulation 17 Inserted by S.R. 2022, No. 88, Applied:21 Nov 2022\\]*](/view/html/inforce/2022-11-21/sr-2022-088#GS5@EN)\n> \n> > (1)  In this regulation –\n> > \n> > > ***register*** means the register kept by the Tribunal under [section 89](/view/html/inforce/2026-04-12/act-1995-044#GS89@EN) of the Act.\n> \n> > (2)  Subject to [subregulation (3)](#GS17@Gs3@EN) , the register is to be made available for inspection during normal business hours by members of the public.\n> \n> > (3)  Access to an advance care directive registered with the Tribunal under [section 35X](/view/html/inforce/2026-04-12/act-1995-044#GS35X@EN) of the Act is available during normal business hours only to the following persons:\n> > \n> > > > (a) the person who gave the advance care directive;\n> > > \n> > > > (b) a guardian for the person who gave the advance care directive, if that guardian has authority to make health care decisions in respect of that person;\n> > > \n> > > > (c) the person responsible under the Act for the person who gave the advance care directive;\n> > > \n> > > > (d) [*\\[Regulation 17 Subregulation (3) amended by S.R. 2024, No. 39, Applied:01 Sep 2024\\]*](/view/html/inforce/2024-09-01/sr-2024-039#GS9@EN) a health practitioner providing health care to the person who gave the advance care directive;\n> > > \n> > > > (e) a hospital, hospice, health service establishment, nursing home or other health facility or service responsible for providing health care to the person who gave the advance care directive;\n> > > \n> > > > (f) any other person who the Tribunal is satisfied has a proper interest in accessing the advance care directive.","sortOrder":28},{"sectionNumber":"SCHEDULE 1 - Fees","sectionType":"part","heading":"SCHEDULE 1 - Fees","content":"# SCHEDULE 1 - Fees SCHEDULE 1 - Fees\n\n[Regulation 14](#GS14@EN)\n\n> ***relevant instrument*** means an instrument of appointment as an enduring guardian under [Part 5](/view/html/inforce/2026-04-12/act-1995-044#HP5@EN) of the Act.[*\\[Schedule 1 Amended by No. 18 of 2021, s. 174, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS174@Hpa@EN) [*\\[Schedule 1 Amended by No. 18 of 2021, s. 174, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS174@Hpb@EN)\n> \n> |  | Item | Fee |\n> |  |  | (fee units) |\n> | 1. | Registration of a relevant instrument under section 32 of the Act | 45 |\n> | 2. | Registration of an instrument revoking a relevant instrument under section 33 of the Act | 32 |\n> | 3. | Search or inspection, in relation to a relevant instrument, of register kept by Tribunal | 19.5 |\n> | 4. | Copy of a relevant instrument | 20 |\n> | 5. | Certified copy of a relevant instrument | 29 |\n> | 6. | Copy of recording of a proceeding under the Act | 20 (per recording file) |\n> | 7. | Photocopy of a document made by or on behalf of the Tribunal | 2 (per page) |\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 17 October 2017\n\nThese regulations are administered in the Department of Justice.","sortOrder":29}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited content available, there is no evidence that the scope of these regulations has changed from their original intent. They appear to remain focused on the procedural and administrative mechanics supporting Tasmania's guardianship and administration system. A definitive assessment would require access to the full text of the regulations and any amending instruments."},"complexity_factors":["The document supplied contains almost no substantive legislative content — only status and metadata information — making meaningful complexity assessment very limited","Guardianship and administration law as a field involves intersecting personal, financial, and medical decision-making frameworks, which can be inherently complex","Regulations of this type typically rely heavily on the parent Act for context, requiring readers to cross-reference multiple documents","The subject matter (substitute decision-making for vulnerable adults) involves nuanced legal concepts such as capacity, best interests, and least restrictive alternatives"],"plain_english_summary":"These regulations provide the practical, day-to-day rules supporting Tasmania’s Guardianship and Administration Act, governing how decisions are made for adults who cannot make certain personal welfare or financial decisions. \n\nThey affect vulnerable adults, family carers, appointed professional or public guardians/administrators, and health and aged‑care workers by setting out fees, forms, procedures and other administrative details that keep the system operating fairly and consistently. Note: the supplied document contains mainly metadata and limited substantive content."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have been modified since original publication, changing scope and procedural detail. Notable scope shifts in the text include substitution of Part 2 (S.R. 2024 No. 39) that reworks application support requirements; additions for advance care directives (regs 13A, 13C, 13D inserted S.R. 2022 No. 88) establishing who may register/revoke directives and required documentation; prescription of a new class of health practitioner (speech pathologists) for Part 5A (reg 13AB, S.R. 2024 No. 39); introduction of a complaints‑management standard for the Public Guardian/Trustee (reg 13E, S.R. 2024 No. 39); and adjustments to fee and fee‑exemption rules and the definition of a relevant estate (reg 15; Schedule 1; amendments by No. 18 of 2021). Several earlier regulations were rescinded (notes to Part 2), concentrating new procedural burdens (reports, declarations, registration form requirements) on applicants, health practitioners and administrators while clarifying access and fee arrangements (see regs 4, 5, 13C, 13D, 15, 17)."},"complexity_factors":["Extensive cross‑references to the Guardianship and Administration Act and other Acts (Poisons Act 1971, Public Health Act 1997) (reg 3; regs 4, 13B)","Multiple, detailed prescribed report types and content requirements for different application types (reg 4(1)–(4))","Conditional requirements and exceptions (e.g. section 44 applications, section 58 requests) increasing branching logic (reg 4(2),(3))","Penalties for non‑compliance and prohibitions on conflicted assessors (reg 4(6); reg 5(2))","Fee schedule with different rates depending on administrator type and estate value thresholds (reg 15; Schedule 1)","Amendments, substitutions and rescissions noted throughout creating versioning complexity (multiple notes to regs)","Access controls for sensitive records (restricted access to registered advance care directives; reg 17(3))","Standardisation requirement for complaints processes referencing an external standard (ISO 10002) (reg 13E)"],"plain_english_summary":"These regulations set out practical rules for using the Guardianship and Administration Act: who must provide medical or specialist reports and declarations for Tribunal applications, which medical treatments are treated as \"special\" or cannot be given without consent, how advance care directives are registered and revoked, complaint‑handling standards for the Public Guardian/Trustee, and the fees payable. They affect applicants, health practitioners, guardians, the Tribunal and administrators by allocating evidentiary steps, fees and access controls that must be followed."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond their original 2017 scope. The original regulations primarily dealt with application procedures, special treatment definitions, and fees. Through amendments in 2022 and 2024, the regulations now also cover: (1) advance care directive registration and revocation (Part 3A, 2022), (2) speech pathologists as prescribed health practitioners (2024), (3) mandatory health care definitions linked to public health directions (2022), (4) complaints processes for the Public Guardian and Public Trustee (Part 3B, 2024), and (5) expanded application requirements including health and medical research (2024). The 2024 amendments also substantially rewrote Part 2 (Applications), rescinding five previous regulations (6-10) and replacing them with a consolidated structure. This represents a shift from purely procedural/administrative rules to substantive provisions about advance care planning and consumer protection."},"complexity_factors":["Multiple amending instruments referenced throughout (S.R. 2022 No. 88, S.R. 2024 No. 39, Act No. 18 of 2021) creating a patchwork text","Extensive cross-referencing to the Guardianship and Administration Act 1995 (at least 15 distinct section references)","Nested conditions in Regulation 4 with multiple sub-sub-paragraphs (i)-(k) for treatment applications","Conditional fee structure in Regulation 15 distinguishing between Public Trustee/trustee companies and other administrators","Multiple defined terms (7 in Regulation 3 alone, plus others scattered through Parts 3A and 4)","Rescinded regulations (6-10) left as placeholders creating structural gaps","Interaction between multiple Parts of the Act referenced (Parts 5, 5A, 6, 6A) requiring knowledge of the parent Act structure"],"plain_english_summary":"These regulations set out the practical rules for how Tasmania's guardianship and administration system works. They explain what paperwork is needed when someone applies to the Tribunal to appoint a guardian or administrator for a person who can't make their own decisions, what treatments need special approval, how people can register advance care directives (written instructions about future medical treatment), and what fees apply.\n\n**Key things the regulations do:**\n\n*   **Applications to the Tribunal:** Anyone applying for guardianship or administration orders must provide a detailed report from a health practitioner assessing the person's decision-making ability. The report must explain what support was tried to help the person decide for themselves. There are special extra requirements for applications about medical treatment or health research.\n*   **Medical treatment rules:** The regulations list which treatments count as \"special treatment\" (like psychosurgery or aversive therapy) and which treatments cannot be given without proper consent (like ECT, addictive drugs, or risky procedures). They also require verbal consent to be confirmed in writing.\n*   **Advance care directives:** People can register written instructions about their future health care with the Tribunal. The regulations say who can apply to register these (the person themselves, their guardian, or others with proper interest), how to revoke them, and who can view them (restricted to the person, their health providers, and others with proper interest).\n*   **Complaints:** The Public Guardian and Public Trustee must handle complaints according to Australian Standard 10002 (a national guideline for complaint handling).\n*   **Fees:** The regulations set fees for registering enduring guardianship instruments, getting copies of documents, and having the Tribunal examine financial accounts (with higher fees for non-professional administrators). Fees can be waived if paying would cause undue hardship.\n\n**Who this affects:** People with impaired decision-making ability, their families, health practitioners, guardians, administrators, the Public Guardian, the Public Trustee, and anyone applying to the Tasmanian Civil and Administrative Tribunal for orders under the Guardianship and Administration Act."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-administration-regulations-2017","history":"/api/acts/guardianship-and-administration-regulations-2017/history","analysis":"/api/acts/guardianship-and-administration-regulations-2017/analysis","conflicts":"/api/acts/guardianship-and-administration-regulations-2017/conflicts","importantCases":"/api/acts/guardianship-and-administration-regulations-2017/important-cases","documents":"/api/acts/guardianship-and-administration-regulations-2017/documents"}}