Guardianship and Administration Tribunal Rule 2004

Queensland Guardianship and Administration Act 2000 Guardianship and Administration Tribunal Rule 2004 Reprinted as in force on 5 December 2008 Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 Act No. 24 s 1472

Information about this reprint This rule is reprinted as at 5 December 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). 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 reprint 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 reprint. 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 Tribunal Rule 2004 Contents 1 2 3 4 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Prescribed non-contentious matters—Act, s 99 . . . . . . . . . . . . . . 3 Ways notice of hearing of application about matter may be given—Act, s 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Mistakes in notices or orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Prescribed non-contentious matters . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 6 7 7 7

s1 3 s4 Guardianship and Administration Tribunal Rule 2004 Guardianship and Administration Tribunal Rule 2004 [as amended by all amendments that commenced on or before 5 December 2008] 1 Short title This rule may be cited as the Guardianship and Administration Tribunal Rule 2004 . 2 Prescribed non-contentious matters—Act, s 99 (1) For section 99(3) 1 of the Act, a matter in relation to a provision of the Act specified in the schedule is a prescribed non-contentious matter. (2) However, despite subsection (1), a matter in a proceeding is not a prescribed non-contentious matter if an active party for the proceeding advises the registrar of an objection to the matter being dealt with by the registrar. 3 Ways notice of hearing of application about matter may be given—Act, s 118 Without limiting the way notice may be given to an adult under section 118(3) 2 of the Act, the tribunal may give the notice in any of the following ways— (a) orally; (b) by post; (c) by facsimile. 4 Mistakes in notices or orders (1) The tribunal or registrar may correct an irregularity in a notice or order of the tribunal. 1 See section 99 (Rule-making power) of the Act. 2 See section 118 (Tribunal advises persons concerned of hearing) of the Act.

s4 4 s4 Guardianship and Administration Tribunal Rule 2004 (2) The irregularity does not affect the validity of the notice or order. (3) In this section— irregularity means a mistake or error resulting from an accidental slip or omission.

5 Guardianship and Administration Tribunal Rule 2004 Schedule Prescribed non-contentious matters section 2 Section 28 (Periodic review of appointment) Section 29 (Other review of appointment) Section 30(1) (Guardian or administrator to update advice about appropriateness and competence) Section 31 (Appointment review process) Section 39(2) (Act together with joint guardians or administrators) Section 44(3) (Right of guardian or administrator to information) Section 76(5) (Health providers to give information) Section 108(6) (Procedural fairness and access) to the extent of displacing the right to access a document under section 108(3) Section 118 (Tribunal advises persons concerned of hearing) Section 122 (Withdrawal by leave) Section 124 (Representative may be used with tribunal’s leave) Section 133 (Tribunal may adjourn proceeding) Section 136 (Witness fees and expenses) Section 153 (Records and audit) Section 154 (Ratification or approval of exercise of power by informal decision maker) Section 169 (Registration)

6 Guardianship and Administration Tribunal Rule 2004 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 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 5 December 2008. Future amendments of the Guardianship and Administration Tribunal Rule 2004 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 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

7 Guardianship and Administration Tribunal Rule 2004 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 included none 2008 SL No. 403 Effective 17 September 2004 5 December 2008 Notes 5 List of legislation Guardianship and Administration Tribunal Rule 2004 SL No. 187 made by the Governor in Council on 16 September 2004 notfd gaz 17 September 2004 pp 249–50 commenced on date of notification exp 1 September 2015 (see SIA s 54) 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 Tribunal Amendment Rule (No. 1) 2008 SL No. 403 notfd gaz 5 December 2008 pp 1840–3 commenced on date of notification 6 List of annotations SCHEDULE—PRESCRIBED NON-CONTENTIOUS MATTERS amd 2008 SL No. 403 s 3 © State of Queensland 2009