Restrictions on Tribunal’s power to make guardianship orders
15 Restrictions on Tribunal’s power to make guardianship orders
A guardianship order shall not be made in respect of a person—
if the person is under the age of 16 years, or
in the case of a person who is the subject of an order made by the Supreme Court, in the exercise of its jurisdiction with respect to the guardianship of persons—unless the Supreme Court consents to the making of the order, or
in the case of a person who is the subject of an order made by the Children’s Court in the exercise of its jurisdiction under section 79A of the Children and Young Persons (Care and Protection) Act 1998—unless the Children’s Court consents to the making of the order.
A temporary guardianship order shall not be made in circumstances in which it is practicable to make a continuing guardianship order appointing a person other than the Public Guardian as the guardian of the person under guardianship.
A continuing guardianship order appointing the Public Guardian as the guardian of a person under guardianship shall not be made in circumstances in which such an order can be made appointing some other person as the guardian of the person.
A plenary guardianship order shall not be made in circumstances in which a limited guardianship order would suffice.
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