Guardianship and Administration Regulation 2000

Queensland Guardianship and Administration Act 2000 Guardianship and Administration Regulation 2000 Reprinted as in force on 1 July 2012 Reprint No. 2C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal. Repealed by 2012 SL No. 136 s 5

Information about this reprint This regulation is reprinted as at 1 July 2012. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Guardianship and Administration Regulation 2000 Contents Part 1 1 2 Part 2 3 4 Schedule 1 Schedule 2 Page Preliminary provisions Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Miscellaneous provisions Prescribed equivalent provisions . . . . . . . . . . . . . . . . . . . . . . . . . 3 Prescribed visitable sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Equivalent provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Visitable sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 8 8 9

Guardianship and Administration Regulation 2000 Part 1 Preliminary provisions [s 1] Guardianship and Administration Regulation 2000 [as amended by all amendments that commenced on or before 1 July 2012] Part 1 Preliminary provisions 1 Short title This regulation may be cited as the Guardianship and Administration Regulation 2000 . 2 Commencement This regulation commences on 1 July 2000. Part 2 Miscellaneous provisions 3 Prescribed equivalent provisions The Acts specified in schedule 1 are prescribed for the Act, section 167. 4 Prescribed visitable sites (1) The places specified in schedule 2 are prescribed as visitable sites for the Act, section 222. (2) A reference in schedule 2 to the Department of Health includes a reference to a Hospital and Health Service under the Hospital and Health Boards Act 2011 . Reprint 2C effective 1 July 2012 Page 3

Guardianship and Administration Regulation 2000 Schedule 1 Schedule 1 Equivalent provisions section 3 Adult Guardianship Act (NT) Aged and Infirm Persons’ Property Act (NT) Guardianship Act 1987 (NSW) Guardianship and Administration Act 1993 (SA) Guardianship and Administration Act 1995 (Tas) Guardianship and Administration Act 1990 (WA) Guardianship and Administration Act 1986 (Vic) Guardianship and Management of Property Act 1991 (ACT) Protection of Personal and Property Rights Act 1988 (New Zealand) Page 4 Reprint 2C effective 1 July 2012

Schedule 2 Guardianship and Administration Regulation 2000 Schedule 2 Visitable sites section 4 A place, other than a private dwelling house, that is any of the following— (a) a place where a consumer lives that is wholly or partly funded by— (i) Disability Services Queensland; or (ii) the Department of Health; (b) a place where a consumer— (i) lives; and (ii) receives services from— (A) Disability Services Queensland; or (B) an entity that receives financial assistance from Disability Services Queensland or the Department of Health to supply the service; (c) for a consumer with a mental or intellectual impairment—a place, other than an aged care facility, where the consumer— (i) lives; and (ii) receives services from the Department of Health; (d) for a consumer with impaired capacity for a personal matter or a financial matter or with a mental or intellectual impairment—a place where the consumer lives if— (i) a residential service conducted in the premises that the place is part of is registered under the Residential Services (Accreditation) Act 2002 and personal care services are provided in the premises; or Reprint 2C effective 1 July 2012 Page 5

Guardianship and Administration Regulation 2000 Schedule 2 (ii) there is a current application for level 3 accreditation under that Act of a residential service conducted in the premises that the place is part of; or (iii) a residential service conducted in the premises that the place is part of is accredited at level 3 under that Act; (e) a place declared to be an authorised mental health service under the Mental Health Act 2000 , section 495, where a consumer receives services as an inpatient; (f) the forensic disability service under the Forensic Disability Act 2011 . Page 6 Reprint 2C effective 1 July 2012

Endnotes Guardianship and Administration Regulation 2000 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2012. Future amendments of the Guardianship and Administration Regulation 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Reprint 2C effective 1 July 2012 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 7

Guardianship and Administration Regulation 2000 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments to none 2002 SL No. 3 Effective 1 July 2000 1 February 2002 Reprint date 7 July 2000 8 February 2002 Reprint No. 1B 1C 2 2A 2B 2C Amendments included 2003 SL No. 154 2003 SL No. 223 — 2009 SL No. 265 2011 Act No. 13 2012 SL No. 90 Effective 4 July 2003 19 September 2003 19 September 2003 1 December 2009 1 July 2011 1 July 2012 Notes R1C withdrawn, see R2 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Guardianship and Administration Regulation 2000 SL No. 126 made by the Governor in Council on 22 June 2000 notfd gaz 23 June 2000 pp 652–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) exp 31 August 2012 (see SIA s 56A(2) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Guardianship and Administration Amendment Regulation (No. 1) 2002 SL No. 3 notfd gaz 1 February 2002 pp 338–9 commenced on date of notification Page 8 Reprint 2C effective 1 July 2012

Guardianship and Administration Regulation 2000 Endnotes Guardianship and Administration Amendment Regulation (No. 1) 2003 SL No. 154 notfd gaz 4 July 2003 pp 844–5 commenced on date of notification Guardianship and Administration Amendment Regulation (No. 2) 2003 SL No. 223 notfd gaz 19 September 2003 pp 219–21 commenced on date of notification Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Regulation (No. 1) 2009 SL No. 265 pts 1, 16 notfd gaz 20 November 2009 pp 900–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2009 (see s 2) Forensic Disability Act 2011 No. 13 ch 1 pt 1, ch 14 pt 9 date of assent 19 May 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2011 (2011 SL No. 121 item 1) Health and Hospitals Network and Other Legislation Amendment Regulation (No. 1) 2012 SL No. 90 pts 1, 4 div 2 notfd gaz 29 June 2012 pp 704–10 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) 6 List of annotations PART 2—MISCELLANEOUS PROVISIONS pt hdg prev pt 2 hdg om 2009 SL No. 265 s 42 pres pt 2 hdg (prev pt 3 hdg) renum 2009 SL No. 265 s 43 Prescribed equivalent provisions s 3 prev s 3 om 2009 SL No. 265 s 42 pres s 3 (prev s 7) amd 2002 SL No. 3 s 3 renum 2009 SL No. 265 s 44 Prescribed visitable sites s 4 prev s 4 om 2009 SL No. 265 s 42 pres s 4 (prev s 8) ins 2002 SL No. 3 s 4 renum 2009 SL No. 265 s 44 amd 2012 SL No. 90 s 28 Application to register a registrable order, the Act s 116(2)(c) s 5 om 2009 SL No. 265 s 42 Application for consent to special health care, the Act s 116(2)(c) s 6 om 2009 SL No. 265 s 42 SCHEDULE 1—EQUIVALENT PROVISIONS sch hdg amd 2002 SL No. 3 s 5; 2009 SL No. 265 s 45 Reprint 2C effective 1 July 2012 Page 9

Guardianship and Administration Regulation 2000 Endnotes SCHEDULE 2—VISITABLE SITES sch hdg amd 2009 SL No. 265 s 46 sch 2 ins 2002 SL No. 3 s 6 amd 2003 SL No. 154 s 3; 2003 SL No. 223 s 3; 2011 Act No. 13 s 208 © State of Queensland 2012 Page 10 Reprint 2C effective 1 July 2012