Consider in future review Section 45 Power to review any decision Intention of the GAB is unclear Guardianship and about restrictive interventions not Administration Board Review, amendment and This issue is noted and will be considered in future review just approvals revocation of approval by GAB Section 46 of interventions by the GAB submits that Section 46 limits the scope of intervention Guardianship and Guardianship and Administration by the Board and it should be able to intervene in the same Administration Board Senior Practitioner to Board range of circumstances as it can intervene to appoint a investigate, &c., use of Guardian, including by a Board’s own motion review restrictive interventions This is a significant realignment of responsibilities Consider in future review Alignment and clarity Better alignment with other The Commissioner for Children submits that the Act needs to Commissioner for legislation better align with other legislation that it intersects with and Children provide clarity about which legislation applies in particular Consultations circumstances Confusion arises, for example, when the Act intersects with the Education Act 2016; Children, Young Persons and Their Families Act 1997; Youth Justice Act 1997; Mental Health Act 2013 NDIS Act has been reviewed against legislation Further alignment to be achieved in future review – see Review Committee Recommendations 12 and 13 Discrimination on of Role of Anti-Discrimination Act Carers Tasmania suggests that the Anti-Discrimination Act Carers Tasmania family responsibilities 1998 1998 may be relevant to the review, particularly where it makes it unlawful to discriminate on the basis of family responsibilities It is suggested there is a need to clarify and make more explicit, carer roles and responsibilities in a new State act Consider in future review
Consider in future review Section 45 Review, amendment and revocation of approval by GAB Power to review any decision about restrictive interventions not just approvals Intention of the GAB is unclear This issue is noted and will be considered in future review Guardianship and Administration Board Section 46 Senior Practitioner to investigate, &c., use of restrictive interventions of interventions by the Guardianship and Administration Board GAB submits that Section 46 limits the scope of intervention by the Board and it should be able to intervene in the same range of circumstances as it can intervene to appoint a Guardian, including by a Board’s own motion review This is a significant realignment of responsibilities Consider in future review Guardianship and Administration Board Alignment and clarity Better alignment with other legislation The Commissioner for Children submits that the Act needs to better align with other legislation that it intersects with and provide clarity about which legislation applies in particular circumstances Confusion arises, for example, when the Act intersects with the Education Act 2016; Children, Young Persons and Their Families Act 1997; Youth Justice Act 1997; Mental Health Act 2013 NDIS Act has been reviewed against legislation Further alignment to be achieved in future review – see Review Committee Recommendations 12 and 13 Commissioner for Children Consultations Discrimination on of family responsibilities Role of Anti-Discrimination Act 1998 Carers Tasmania suggests that the Anti-Discrimination Act 1998 may be relevant to the review, particularly where it makes it unlawful to discriminate on the basis of family responsibilities It is suggested there is a need to clarify and make more explicit, carer roles and responsibilities in a new State act Consider in future review Carers Tasmania
DS_Act_Review_Report_Final_ver_1.A_accessible.docx