Minister: Deputy Premier and Minister for Health and Minister for Ambulance Services
Agency: Queensland Health


Guardianship and Administration Act 2000


Queensland Crest
Guardianship and Administration Act 2000
Queensland Guardianship and Administration Act 2000 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Termination of Pregnancy Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . Amendments to this Act are also included in the Guardianship and Administration and Other Legislation Amendment Bill 2018. These proposed amendments are not included in this indicative reprint. The point-in-time date for this indicative reprint is the introduction date for the Termination of Pregnancy Bill 2018—22 August 2018. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Guardianship and Administration Act 2000 Contents Chapter 1 1 2 3 4 Chapter 2 5 6 7 7A 8 9 10 11 11A Chapter 3 Part 1 12 13 13A 14 15 16 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Explanation Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Purpose to achieve balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Way purpose achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Relationship with Public Guardian Act 2014 . . . . . . . . . . . . . . . . 15 Relationship with Powers of Attorney Act 1998 . . . . . . . . . . . . . . 15 Range of substitute decision-makers . . . . . . . . . . . . . . . . . . . . . 16 Types of matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Principles for adults with impaired capacity . . . . . . . . . . . . . . . . . 17 Primary focus—adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Appointment of guardians and administrators Making an appointment order Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Advance appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Advance appointment—guardian for restrictive practice matter . 21 Appointment of 1 or more eligible guardians and administrators 22 Appropriateness considerations . . . . . . . . . . . . . . . . . . . . . . . . . 23 Advice from proposed appointee about appropriateness and competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Guardian or administrator to update advice about appropriateness and competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Guardianship and Administration Act 2000 Contents Not authorised —indicative only 18 19 20 21 Part 2 22 23 24 25 Part 3 Division 1 26 27 Division 2 28 29 30 31 32 32A Division 3 32B Chapter 4 Part 1 33 34 35 36 37 38 39 40 41 42 Page 2 Inquiries about appropriateness and competence . . . . . . . . . . . 28 Comply with other tribunal requirement . . . . . . . . . . . . . . . . . . . . 29 Financial management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Advice to registrar of titles if appointment concerns land . . . . . . 29 Relationship between appointment and enduring document Attorney’s power subject to tribunal authorisation . . . . . . . . . . . . 30 Appointment without knowledge of enduring document . . . . . . . 30 Protection if unaware of appointment . . . . . . . . . . . . . . . . . . . . . 31 Protection if unaware power already exercised by advance health directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Changing or revoking an appointment order Revocation by appointee Automatic revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Withdrawal with tribunal’s leave . . . . . . . . . . . . . . . . . . . . . . . . . 34 Change or revocation at tribunal review of appointment Periodic review of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Other review of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Guardian or administrator to update advice about appropriateness and competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Appointment review process . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Tribunal to advise of change, revocation or ending of appointment 38 Additional requirements if change, revocation or ending of appointment and interest in land involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Directions Directions to former guardian or administrator . . . . . . . . . . . . . . 39 Functions and powers of guardians and administrators General functions and powers of guardian or administrator Power of guardian or administrator . . . . . . . . . . . . . . . . . . . . . . . 40 Apply principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Act honestly and with reasonable diligence . . . . . . . . . . . . . . . . 41 Act as required by terms of tribunal order . . . . . . . . . . . . . . . . . . 41 Avoid conflict transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Multiple guardians or administrators are joint if not otherwise stated 42 Act together with joint guardians or administrators . . . . . . . . . . . 42 Consult with adult’s other appointees or attorneys . . . . . . . . . . . 42 Disagreement about matter other than health matter . . . . . . . . . 43 Disagreement about health matter . . . . . . . . . . . . . . . . . . . . . . . 43
43 44 45 46 47 48 Part 2 49 50 51 54 55 Part 3 56 57 58 59 60 Chapter 5 Part 1 61 Part 2 Division 1 62 63 63A 64 Division 2 65 66 66A 66B 67 Guardianship and Administration Act 2000 Contents Acting contrary to health care principle . . . . . . . . . . . . . . . . . . . . 44 Right of guardian or administrator to information . . . . . . . . . . . . 45 Execution of instrument etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Implied power to execute a deed . . . . . . . . . . . . . . . . . . . . . . . . 46 Payment of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Remuneration of professional administrators . . . . . . . . . . . . . . . 47 Particular functions and powers of administrators Keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Keep property separate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Power to invest and continue investments . . . . . . . . . . . . . . . . . 48 Gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Maintain adult’s dependants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Other provisions applying to guardians and administrators Protection if unaware of change of appointee’s power . . . . . . . . 49 Advice of change of successive appointee . . . . . . . . . . . . . . . . . 50 Power to excuse failure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Compensation for failure to comply . . . . . . . . . . . . . . . . . . . . . . . 51 Power to apply to court for compensation for loss of benefit in estate 51 Health matters and special health matters Philosophy and purpose Purpose to achieve balance for health care . . . . . . . . . . . . . . . . 52 Scheme for health care and special health care Health care—no consent Division’s scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Urgent health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Life-sustaining measure in an acute emergency . . . . . . . . . . . . . 54 Minor, uncontroversial health care . . . . . . . . . . . . . . . . . . . . . . . 55 Health care and special health care—consent Adult with impaired capacity—order of priority in dealing with special health matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Adult with impaired capacity—order of priority in dealing with health matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 When consent to withholding or withdrawal of life-sustaining measure may operate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Certificate in clinical records if life-sustaining measure withheld or withdrawn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Effect of adult’s objection to health care . . . . . . . . . . . . . . . . . . . 58 Page 3 Not authorised —indicative only
Not authorised —indicative only Guardianship and Administration Act 2000 Contents Part 3 68 69 70 71 72 73 74 Part 4 75 76 77 78 79 80 Chapter 5A Part 1 80A 80B Part 2 80C 80D Part 3 Division 1 80E 80F Division 2 80H 80I 80J 80K 80L Division 3 80M Division 5 80O Page 4 Consent to special health care Special health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Donation of tissue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sterilisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of pregnancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special medical research or experimental health care . . . . . . . . Prescribed special health care . . . . . . . . . . . . . . . . . . . . . . . . . . Subsequent special health care for adult . . . . . . . . . . . . . . . . . . Other provisions about health care Use of force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health providers to give information . . . . . . . . . . . . . . . . . . . . . . Protection of health provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence to exercise power for adult if no right to do so . . . . . . . . Offence to carry out health care unless authorised . . . . . . . . . . . No less protection than if adult gave health consent . . . . . . . . . . Consent to sterilisation of child with impairment Preliminary Definitions for ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sterilisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consent by tribunal When tribunal may consent and effect of consent . . . . . . . . . . . Whether sterilisation is in child’s best interests . . . . . . . . . . . . . . Tribunal proceedings General Relationship with ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members constituting tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications Who may apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunal advises persons concerned of hearing . . . . . . . . . . . . . Who is an active party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Child representative must be appointed . . . . . . . . . . . . . . . . . . . Proceeding Advice, directions and recommendations . . . . . . . . . . . . . . . . . . Appeal Appellant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 60 60 61 61 63 63 64 64 66 66 66 67 68 69 69 69 71 72 73 73 76 76 77 78 79
Part 4 80P 80Q Chapter 5B Part 1 80R 80S 80T 80U Part 2 Division 1 80V 80W 80X Division 2 80Y 80Z Division 3 80ZA 80ZB Part 3 80ZC 80ZD 80ZE 80ZF Part 4 80ZH 80ZI 80ZK 80ZL 80ZM Guardianship and Administration Act 2000 Contents Other provisions about consent to sterilisation of child Health providers to give information . . . . . . . . . . . . . . . . . . . . . . 79 No less protection than if adult gave consent . . . . . . . . . . . . . . . 80 Restrictive practices Preliminary Application of ch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Purpose of ch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Effect of ch 5B on substitute decision-maker’s ability to make health care decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Definitions for ch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Containment or seclusion approvals Giving containment or seclusion approvals When tribunal may approve use of containment or seclusion . . . 83 Matters tribunal to consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 When tribunal may approve use of other restrictive practices . . . 86 Period of containment or seclusion approval Period for which containment or seclusion approval has effect . 87 Automatic revocation of containment or seclusion approval . . . . 87 Reviewing a containment or seclusion approval When containment or seclusion approval may be reviewed . . . . 87 Review process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Guardians for a restrictive practice matter Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Requirements for giving consent—guardian for restrictive practice (general) matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Requirements for giving consent—guardian for restrictive practice (respite) matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Short-term approval of public guardian for use of particular restrictive practices When public guardian may give short-term approval for use of containment or seclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 When public guardian may give short-term approval for use of containment or seclusion—new relevant service provider . . . . . 95 When public guardian may give short-term approval for use of other restrictive practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Right of public guardian to information for making decision . . . . 96 Requirement for public guardian to give notice of decision . . . . . 96 Page 5 Not authorised —indicative only
Not authorised —indicative only Guardianship and Administration Act 2000 Contents Part 5 Division 1 80ZN Division 2 80ZO 80ZP Division 3 80ZQ 80ZR Part 6 80ZS 80ZT 80ZU Chapter 6 81 82 83 Chapter 7 Part 1 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Tribunal proceedings General Relationship with ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Applications Who may apply for a containment or seclusion approval . . . . . . 98 Who may apply for appointment of guardian for restrictive practice matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Other matters Who is an active party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Miscellaneous provisions Requirements for informal decision-makers—consenting to use of restrictive practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Informal decision-makers must maintain confidentiality . . . . . . . 102 Review of ch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Queensland Civil and Administrative Tribunal Tribunal’s functions for this Act . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Annual report by president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Tribunal proceedings General Definitions for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Types of limitation order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Relationship with the QCAT Act . . . . . . . . . . . . . . . . . . . . . . . . . 107 Members constituting tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Basis of consideration for limitation order . . . . . . . . . . . . . . . . . . 108 Open . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Adult evidence order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Closure order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Non-publication order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Confidentiality order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Non-publication or confidentiality order made before hearing . . . 112 Standing for limitation order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Making and notifying decision for limitation order . . . . . . . . . . . . 112 Written reasons for limitation order and copy of reasons . . . . . . 113 Page 6
114 114A 114B Part 2 115 118 119 121 122 Part 3 123 124 125 126 127 Part 4 128 129 130 131 134 136 137 138 138AA 138A Part 5 Division 1 146 147 Division 2 148 149 150 151 Division 3 Guardianship and Administration Act 2000 Contents Procedural directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publication about proceeding that discloses adult’s identity . . . . No filing fee payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications Scope of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunal advises persons concerned of hearing . . . . . . . . . . . . . Who is an active party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection if unaware of invalidity . . . . . . . . . . . . . . . . . . . . . . . . Withdrawal by leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Participation Right of active party to appear . . . . . . . . . . . . . . . . . . . . . . . . . . Representative may be used with tribunal’s leave . . . . . . . . . . . Representative may be appointed . . . . . . . . . . . . . . . . . . . . . . . . Tribunal to decide who are interested persons . . . . . . . . . . . . . . Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceeding Tribunal may stay decision pending hearing . . . . . . . . . . . . . . . . Interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunal to ensure it has all relevant information and material . . Tribunal may proceed without further information . . . . . . . . . . . . Report by tribunal staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Witness fees and expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advice, directions and recommendations . . . . . . . . . . . . . . . . . . Directions to former attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeated applications for orders . . . . . . . . . . . . . . . . . . . . . . . . Particular proceedings or orders Declaration about capacity Declaration about capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of declaration about capacity to enter contract . . . . . . . . . Entry and removal warrant Application for entry and removal warrant . . . . . . . . . . . . . . . . . . Issue of entry and removal warrant . . . . . . . . . . . . . . . . . . . . . . . Role of occupier if entry and removal warrant . . . . . . . . . . . . . . . Reporting requirement after removal of adult . . . . . . . . . . . . . . . Miscellaneous 114 114 116 116 116 118 119 120 120 120 120 121 121 122 122 123 123 124 124 124 126 127 127 128 129 129 129 130 130 Page 7 Not authorised —indicative only
Guardianship and Administration Act 2000 Contents Not authorised —indicative only 152 153 154 155 Part 6 156 157 158 Part 8 163 164 Part 9 166 167 168 169 170 171 Chapter 9 Part 1 207A 208 209 209A 210 210A 210B 211 212 Part 2 213 214 215 216 217 Tribunal authorisation or approval . . . . . . . . . . . . . . . . . . . . . . . . 131 Records and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Ratification or approval of exercise of power by informal decision-maker 132 Suspension of guardianship order or administration order . . . . . 133 Decision Making and notifying decision . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Order postponing giving copy of decision . . . . . . . . . . . . . . . . . . 134 Copy of reasons to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Appeal Appellant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Filing notice of appeal in particular circumstances . . . . . . . . . . . 136 Recognition of order made under another law Definitions for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Regulation prescribing recognised provision . . . . . . . . . . . . . . . . 137 Application to register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Effect of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Notice of registration and subsequent action to original maker . . 138 Public advocate Establishment, functions and powers Definitions for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Public advocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Functions—systemic advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Report about systemic matter . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Right to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Offence to publish confidential information . . . . . . . . . . . . . . . . . 141 Not under Ministerial control . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Administrative provisions Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Page 8
218 219 220 221 Chapter 11 Part 1 238 Part 2 239 240 241 242 243 244 Part 2A 244A Part 3 245 Part 4 246 247 248 248A 248B 249 249A Part 5 251 252 Chapter 12 Part 1 253 254 255 Guardianship and Administration Act 2000 Contents Acting public advocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Not a statutory body for particular Acts . . . . . . . . . . . . . . . . . . . . 144 Miscellaneous provisions Relationship with criminal law Act does not authorise euthanasia or affect particular provisions of Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Relationship with court jurisdiction Litigation guardian process not affected . . . . . . . . . . . . . . . . . . . 145 Supreme Court’s inherent jurisdiction not affected . . . . . . . . . . . 145 Transfer of proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Stay of proceeding concerning an enduring document . . . . . . . . 146 Interim appointed decision-maker if Supreme Court proceeding 146 Chapter 3 applies for interim appointment . . . . . . . . . . . . . . . . . 146 Access to record of proceedings Access to record of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 147 Settlements or damages awards Settlements or damages awards . . . . . . . . . . . . . . . . . . . . . . . . . 147 Protection from liability and dealing with information Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Whistleblowers’ protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Protection from liability if honest and not negligent . . . . . . . . . . . 150 Protection for person carrying out forensic examination with consent 151 Protection from liability for giving information . . . . . . . . . . . . . . . 151 Protected use of confidential information . . . . . . . . . . . . . . . . . . 152 Prohibited use of confidential information . . . . . . . . . . . . . . . . . . 153 Forms and regulations Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . 154 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Transitional provisions and repeal Transitional provisions for adult guardian Definition for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Appointment of adult guardian continues . . . . . . . . . . . . . . . . . . 154 Particular things continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Page 9 Not authorised —indicative only
Guardianship and Administration Act 2000 Contents Not authorised —indicative only Part 2 256 257 Part 3 258 259 260 261 262 Part 4 262A Part 5 262B Part 6 262C 262D 262E 262F Part 7 263 264 Part 8 265 266 Part 9 267 Part 10 268 Part 11 Page 10 Transitional provisions for committee Power to apply to court for compensation for loss of benefit in estate because of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Tribunal’s power if committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Transitional provisions for, and repeal of, Intellectually Disabled Citizens Act 1985 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Adult guardian assumes legal friend responsibilities . . . . . . . . . . 157 Management by public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Council records to be given to tribunal . . . . . . . . . . . . . . . . . . . . 157 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Transitional provision for Guardianship and Administration and Powers of Attorney Amendment Act 2001 Protection for health provider . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Transitional provision for Discrimination Law Amendment Act 2002 Application of amendments made by Discrimination Law Amendment Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Transitional provisions for Guardianship and Administration and Other Acts Amendment Act 2003 Application of amended s 29 to reviews of existing appointments 159 Effect of contravention of repealed ss 52 and 53 . . . . . . . . . . . . 159 Person given notice of hearing able to become active party . . . . 160 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Transitional provisions for Justice and Other Legislation Amendment Act 2007 Directions to former guardian or administrator . . . . . . . . . . . . . . 161 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Transitional provisions for Disability Services and Other Legislation Amendment Act 2008 Powers of guardians—use of restrictive practices . . . . . . . . . . . 161 Short term approvals not to be given during transitional period . 162 Transitional provision for Guardianship and Administration and Other Acts Amendment Act 2008 Directions to former attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Transitional provision for Fair Work (Commonwealth Powers) and Other Provisions Act 2009 Remuneration of professional administrators . . . . . . . . . . . . . . . 163 Transitional provision for State Penalties Enforcement and Other Legislation Amendment Act 2009
269 Schedule 1 Part 1 1 2 3 4 5 6 7 8 9 10 11 Part 2 12 Schedule 2 Part 1 1 Part 2 2 3 4 5 5A 5B 6 7 8 9 10 11 12 13 14 Guardianship and Administration Act 2000 Contents Declaration and validation concerning particular reviews under s 29 163 Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 General principles Presumption of capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Same human rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Individual value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Valued role as member of society . . . . . . . . . . . . . . . . . . . . . . . . 165 Participation in community life . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Encouragement of self-reliance . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Maximum participation, minimal limitations and substituted judgment 166 Maintenance of existing supportive relationships . . . . . . . . . . . . 167 Maintenance of environment and values . . . . . . . . . . . . . . . . . . . 167 Appropriate to circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Health care principle Health care principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Types of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Financial matter Financial matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Personal matter Personal matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Special personal matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Health matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Life-sustaining measure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Good medical practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Special health matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Special health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Removal of tissue for donation . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Sterilisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Primary reason for treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Special medical research or experimental health care . . . . . . . . 176 Approved clinical research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Electroconvulsive therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Page 11 Not authorised —indicative only
Guardianship and Administration Act 2000 Contents 15 17 Part 3 18 Schedule 4 Psychosurgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed special health care . . . . . . . . . . . . . . . . . . . . . . . . . . Legal matter Legal matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 178 179 180 Not authorised —indicative only Page 12
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 1 Preliminary [s 1] Guardianship and Administration Act 2000 An Act to consolidate, amend and reform the law relating to the appointment of guardians and administrators to manage the personal and financial affairs of adults with impaired capacity, to confer jurisdiction on the Queensland Civil and Administrative Tribunal for particular purposes, to create an office of Public Advocate, and for other purposes Chapter 1 Preliminary 1 Short title This Act may be cited as the Guardianship and Administration Act 2000 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions The dictionary in schedule 4 defines particular words used in this Act. 4 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. Current as at [Not applicable] Page 13
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 2 Explanation [s 5] Chapter 2 Explanation 5 Acknowledgements This Act acknowledges the following— (a) an adult’s right to make decisions is fundamental to the adult’s inherent dignity; (b) the right to make decisions includes the right to make decisions with which others may not agree; (c) the capacity of an adult with impaired capacity to make decisions may differ according to— (i) the nature and extent of the impairment; and (ii) the type of decision to be made, including, for example, the complexity of the decision to be made; and (iii) the support available from members of the adult’s existing support network; (d) the right of an adult with impaired capacity to make decisions should be restricted, and interfered with, to the least possible extent; (e) an adult with impaired capacity has a right to adequate and appropriate support for decision-making. 6 Purpose to achieve balance This Act seeks to strike an appropriate balance between— (a) the right of an adult with impaired capacity to the greatest possible degree of autonomy in decision-making; and (b) the adult’s right to adequate and appropriate support for decision-making. Page 14 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 2 Explanation [s 7] 7 Way purpose achieved This Act— (a) provides that an adult is presumed to have capacity for a matter; and (b) together with the Powers of Attorney Act 1998 , provides a comprehensive scheme to facilitate the exercise of power for financial matters and personal matters by or for an adult who needs, or may need, another person to exercise power for the adult; and (c) states principles to be observed by anyone performing a function or exercising a power under the scheme; and (d) encourages involvement in decision-making of the members of the adult’s existing support network; and (e) confers jurisdiction on the tribunal to administer particular aspects of the scheme; and (f) recognises the public trustee is available as a possible administrator for an adult with impaired capacity; and (g) provides for the appointment of the public advocate for systemic advocacy. 7A Relationship with Public Guardian Act 2014 This Act is to be read in conjunction with the Public Guardian Act 2014 which provides for the public guardian and the community visitor program (adult). 8 Relationship with Powers of Attorney Act 1998 (1) This Act is to be read in conjunction with the Powers of Attorney Act 1998 which provides a scheme by which— (a) by enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal Current as at [Not applicable] Page 15
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 2 Explanation [s 9] matters at a time when the adult does not have capacity to do those things; and Note— Personal matters do not include special personal matters or special health matters—schedule 2, section 2. (b) by advance health directive, an adult may make directions for the adult’s future health care and special health care; and (c) a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care. (2) If there is an inconsistency between this Act and the Powers of Attorney Act 1998 , this Act prevails. 9 Range of substitute decision-makers (1) This Act and the Powers of Attorney Act 1998 authorise the exercise of power for a matter for an adult with impaired capacity for the matter. (2) Depending on the type of matter involved, this may be done— (a) on an informal basis by members of the adult’s existing support network; or Note— Although this Act deals primarily with formal substituted decision-making, a decision or proposed decision of an informal decision-maker may be ratified or approved under section 154. (b) on a formal basis by 1 of the following— (i) an attorney for personal matters appointed by the adult under an enduring power of attorney or advance health directive under the Powers of Attorney Act 1998 ; (ii) an attorney for financial matters appointed by the adult under an enduring power of attorney under the Powers of Attorney Act 1998 ; Page 16 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 2 Explanation [s 10] (iii) a statutory health attorney under the Powers of Attorney Act 1998 ; (iv) a guardian appointed under this Act; Note— A guardian may only be appointed for personal matters. (v) an administrator appointed under this Act; Note— An administrator may only be appointed for financial matters. (vi) the tribunal; (vii) the court. 10 Types of matter This Act categorises matters as follows— personal matter special personal matter special health matter financial matter. Note— Schedule 2 contains definitions of types of matters. 11 Principles for adults with impaired capacity (1) A person or other entity who performs a function or exercises a power under this Act for a matter in relation to an adult with impaired capacity for the matter must apply the principles stated in schedule 1 (the general principles and, for a health matter or a special health matter, the health care principle ). Example 1— If an adult has impaired capacity for a matter, a guardian or administrator who may exercise power for the matter must— (a) apply the general principles; and (b) if the matter is a health matter, also apply the health care principle. Current as at [Not applicable] Page 17
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 11A] Example 2— The tribunal in deciding whether to consent to special health care for an adult with impaired capacity for the special health matter concerned, must apply the general principles and the health care principle. Note— Function includes duty and power includes authority—see the Acts Interpretation Act 1954 , schedule 1. (2) An entity authorised by an Act to make a decision for an adult about prescribed special health care must apply the general principles and the health care principle. (3) The community is encouraged to apply and promote the general principles. 11A Primary focus—adults (1) Adults with impaired capacity are the primary focus of this Act. (2) However, chapter 5A deals with children with an impairment. Chapter 3 Appointment of guardians and administrators Part 1 Making an appointment order 12 Appointment (1) The tribunal may, by order, appoint a guardian for a personal matter, or an administrator for a financial matter, for an adult if the tribunal is satisfied— (a) the adult has impaired capacity for the matter; and (b) there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the Page 18 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 13] matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and (c) without an appointment— (i) the adult’s needs will not be adequately met; or (ii) the adult’s interests will not be adequately protected. (2) The appointment may be on terms considered appropriate by the tribunal. (3) The tribunal may make the order on its own initiative or on the application of the adult, the public guardian or an interested person. (4) This section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B. Note— Section 80ZD provides for the appointment of guardians for restrictive practice matters. 13 Advance appointment (1) The tribunal may, by order, make an appointment of a guardian for a personal matter, or an administrator for a financial matter, for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied— (a) there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and (b) there is a reasonable likelihood, when the individual turns 18— (i) there will be a need to do something in relation to the matter; or (ii) the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and Current as at [Not applicable] Page 19
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 13] (c) there is a reasonable likelihood, without an appointment, when the individual turns 18— (i) the individual’s needs would not be adequately met; or (ii) the individual’s interests would not be adequately protected. (2) This Act applies, with necessary changes, to an appointment under this section. (3) The appointment begins when the individual turns 18. (4) The appointment ends when the individual turns 19, unless the tribunal orders the appointment to be for a longer period. (5) The tribunal may order the appointment for a longer period only if the tribunal considers— (a) the need for an appointment will continue for the longer period; and (b) the need for the tribunal to review the appointment is very limited. (6) The longer period may be— (a) if the administrator is the public trustee or a trustee company under the Trustee Companies Act 1968 —the period decided by the tribunal; or (b) otherwise—a period of not more than 5 years. (7) The appointment may be on terms considered appropriate by the tribunal. (8) The tribunal may make the order on its own initiative or on the application of the individual or an interested person. (9) This section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B. Page 20 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 13A] 13A Advance appointment—guardian for restrictive practice matter (1) The tribunal may, by order, make an appointment of a guardian for a restrictive practice matter under chapter 5B for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied— (a) there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and (b) the individual’s behaviour has previously resulted in harm to the individual or others; and (c) there is a reasonable likelihood, when the individual turns 18— (i) there will be a need for a decision about the restrictive practice matter; and (ii) without the appointment— (A) the individual’s behaviour is likely to cause harm to the individual or others; and (B) the individual’s interests would not be adequately protected. (2) This Act applies, with necessary changes, to an appointment under this section. (3) The appointment begins when the individual turns 18. (4) The appointment ends— (a) on the day ordered by the tribunal, which must not be later than the day the individual turns 19; or (b) if no day is ordered by the tribunal—when the individual turns 19. (5) The appointment may be on terms considered appropriate by the tribunal. (6) The tribunal may make the order on its own initiative or on the application of any of the following— Current as at [Not applicable] Page 21
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 14] (a) the individual; (b) an interested person for the individual; (c) a relevant service provider under chapter 5B; (d) the chief executive (disability services); (e) the public guardian; (f) if the individual is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist. 14 Appointment of 1 or more eligible guardians and administrators (1) The tribunal may appoint a person as guardian or administrator for a matter only if— (a) for appointment as a guardian, the person is— (i) a person who is at least 18 years and not a paid carer, or health provider, for the adult; or (ii) the public guardian; and (b) for appointment as an administrator, the person is— (i) a person who is at least 18 years, not a paid carer, or health provider, for the adult and not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or (ii) the public trustee or a trustee company under the Trustee Companies Act 1968 ; and (c) having regard to the matters mentioned in section 15(1), the tribunal considers the person appropriate for appointment. (2) Despite subsection (1)(a)(ii), the tribunal may appoint the public guardian as guardian for a matter only if there is no other appropriate person available for appointment for the matter. Page 22 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 15] (3) Subject to section 74, no-one may be appointed as a guardian for a special personal matter or special health matter. Note— The tribunal may consent to particular special health care—see section 68 (Special health care). (4) The tribunal may appoint 1 or more of the following— (a) a single appointee for a matter or all matters; (b) different appointees for different matters; (c) a person to act as appointee for a matter or all matters in a stated circumstance; (d) alternative appointees for a matter or all matters so power is given to a particular appointee only in stated circumstances; (e) successive appointees for a matter or all matters so power is given to a particular appointee only when power given to a previous appointee ends; (f) joint or several, or joint and several, appointees for a matter or all matters; (g) 2 or more joint appointees for a matter or all matters, being a number less than the total number of appointees for the matter or all matters. (5) If the tribunal makes an appointment because an adult has impaired capacity for a matter and the tribunal does not consider the impaired capacity is permanent, the tribunal must state in its order when it considers it appropriate for the appointment to be reviewed. Note— Otherwise periodic reviews happen under section 28. 15 Appropriateness considerations (1) In deciding whether a person is appropriate for appointment as a guardian or administrator for an adult, the tribunal must consider the following matters ( appropriateness considerations )— Current as at [Not applicable] Page 23
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 15] (a) the general principles and whether the person is likely to apply them; (b) if the appointment is for a health matter—the health care principle and whether the person is likely to apply it; (c) the extent to which the adult’s and person’s interests are likely to conflict; (d) whether the adult and person are compatible including, for example, whether the person has appropriate communication skills or appropriate cultural or social knowledge or experience, to be compatible with the adult; (e) if more than 1 person is to be appointed—whether the persons are compatible; (f) whether the person would be available and accessible to the adult; (g) the person’s appropriateness and competence to perform functions and exercise powers under an appointment order. (2) The fact a person is a relation of the adult does not, of itself, mean the adult’s and person’s interests are likely to conflict. (3) Also, the fact a person may be a beneficiary of the adult’s estate on the adult’s death does not, of itself, mean the adult’s and person’s interests are likely to conflict. (4) In considering the person’s appropriateness and competence, the tribunal must have regard to the following— (a) the nature and circumstances of any criminal history, whether in Queensland or elsewhere, of the person including the likelihood the commission of any offence in the criminal history may adversely affect the adult; (b) the nature and circumstances of any refusal of, or removal from, appointment, whether in Queensland or elsewhere, as a guardian, administrator, attorney or other person making a decision for someone else; Page 24 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 15] (c) if the proposed appointment is of an administrator and the person is an individual— (i) the nature and circumstances of the person having been a bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; and (ii) the nature and circumstances of a proposed, current or previous arrangement with the person’s creditors under the Bankruptcy Act 1966 (Cwlth), part 10 or a similar law of a foreign jurisdiction; and (iii) the nature and circumstances of a proposed, current or previous external administration of a corporation, partnership or other entity of which the person is or was a director, secretary or partner or in whose management, direction or control the person is or was involved. (5) In this section— attorney means— (a) an attorney under a power of attorney; or (b) an attorney under an advance health directive or similar document under the law of another jurisdiction. power of attorney means— (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or (b) an enduring power of attorney; or (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or (d) a similar document under the law of another jurisdiction. Current as at [Not applicable] Page 25
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 16] 16 Advice from proposed appointee about appropriateness and competence (1) An individual who has agreed to a proposed appointment (a proposed appointee ) must advise the tribunal before the tribunal makes an order appointing the proposed appointee whether he or she— (a) is under 18 years; or (b) is a paid carer or health provider for the adult; or (c) has any criminal history, whether in Queensland or elsewhere; or (d) has been, whether in Queensland or elsewhere, refused, or removed from, appointment as a guardian, administrator, attorney or other person making a decision for someone else; or (e) for a proposed appointment as administrator— (i) is bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or (ii) has ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or (iii) is proposing to make, or has ever made, an arrangement with his or her creditors under the Bankruptcy Act 1966 (Cwlth), part 10 or a similar law of a foreign jurisdiction; or (iv) is or was a director, secretary or partner, or is or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration. Maximum penalty—40 penalty units. Page 26 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 16] (2) The proposed appointee must also advise the tribunal of any likely conflict between— (a) the duty of the proposed appointee if appointed as guardian or administrator towards the adult; and (b) either— (i) the interests of the proposed appointee or a person in a close personal or business relationship with the proposed appointee; or (ii) another duty of the proposed appointee as guardian or administrator for another person. Maximum penalty—40 penalty units. (3) The proposed appointee must give the advice by statutory declaration or on oath or affirmation if required by the tribunal. Maximum penalty—40 penalty units. (4) In this section— attorney means— (a) an attorney under a power of attorney; or (b) an attorney under an advance health directive or similar document under the law of another jurisdiction. power of attorney means— (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or (b) an enduring power of attorney; or (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or (d) a similar document under the law of another jurisdiction. Current as at [Not applicable] Page 27
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 17] 17 Guardian or administrator to update advice about appropriateness and competence (1) After appointment, a guardian or administrator is under a continuing duty to advise the tribunal of anything of which the guardian or administrator— (a) has not previously advised the tribunal; and (b) would be required to advise the tribunal under section 16 if the tribunal were considering whether to appoint the guardian or administrator. Maximum penalty—40 penalty units. (2) The guardian or administrator must give the advice by statutory declaration or on oath or affirmation if required by the tribunal. Maximum penalty—40 penalty units. 18 Inquiries about appropriateness and competence (1) The tribunal, or the registrar acting either at the direction of the tribunal or on the registrar’s own initiative, may make inquiries about the appropriateness and competence to perform functions and exercise powers under an appointment order of a person who has agreed to a proposed appointment or who is a guardian or administrator. (2) If asked by the tribunal or registrar, the commissioner of the police service must give the tribunal or registrar a written report about the criminal history of— (a) a person who has agreed to a proposed appointment; or (b) a person who is a guardian or administrator; or (c) if the person mentioned in paragraph (a) or (b) is a corporation—a director, secretary or person involved in the management, direction or control of the corporation. (3) If the registrar makes the inquiries, the registrar must advise the tribunal of the results of the inquiries before the tribunal makes an appointment order. Page 28 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 19] 19 Comply with other tribunal requirement (1) The tribunal may impose a requirement, including a requirement about giving security, on a guardian or administrator or a person who is to become a guardian or administrator. (2) A guardian or administrator or person who is to become a guardian or administrator must comply with the requirement. Maximum penalty—200 penalty units. 20 Financial management plan (1) Unless the tribunal orders otherwise, a person who agrees to a proposed appointment as an administrator must give a financial management plan to the tribunal, or its appropriately qualified nominee, for approval. (2) The tribunal, or its appropriately qualified nominee, may approve a financial management plan. (3) In this section— appropriately qualified , for a nominee in relation to a financial management plan, means having the qualifications or experience appropriate to approve the plan. 21 Advice to registrar of titles if appointment concerns land (1) If the tribunal appoints an administrator for a matter involving an interest in land, the tribunal and the administrator must each, within 3 months of the appointment, advise the registrar of titles. (2) If the registrar of titles receives an advice, the registrar of titles must enter the advice in a file maintained for the purpose. (3) The administrator must pay the fee payable to the registrar of titles. Editor’s note— Note section 47 (Payment of expenses). Current as at [Not applicable] Page 29
Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 22] Part 2 Relationship between appointment and enduring document Not authorised —indicative only 22 Attorney’s power subject to tribunal authorisation (1) This section applies if— (a) an adult’s enduring document gives power for a matter to an attorney; and (b) after the enduring document is made, the tribunal, with knowledge of the existence of the enduring document, gives the power to a guardian or an administrator. (2) The attorney may exercise power only to the extent authorised by the tribunal. (3) Subsection (2) does not apply for power for a health matter. Note— For health matters, see section 66 (Adult with impaired capacity—order of priority in dealing with health matter). 23 Appointment without knowledge of enduring document (1) This section applies if— (a) the tribunal gives power for a matter for an adult to a guardian or an administrator without knowledge of the existence of an enduring document giving power for the matter to an attorney for the adult; and (b) the guardian or administrator becomes aware of the existence or purported existence of the enduring document. (2) If the guardian or administrator becomes aware of the existence or purported existence of the enduring document, the guardian’s or administrator’s power for the matter is suspended pending review of the appointment of the guardian or administrator. Page 30 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 24] Editor’s note— Note section 56 (Protection if unaware of change of appointee’s power). (3) The guardian or administrator must advise the tribunal in writing of the existence or purported existence of the enduring document as soon as practicable. Maximum penalty—40 penalty units. (4) If the tribunal receives an advice under subsection (3), the tribunal must review the appointment of the guardian or administrator. (5) Part 3, division 2 applies to the review. 24 Protection if unaware of appointment (1) An attorney who, without knowing power has been given by the tribunal to a guardian or administrator, purports to exercise the power does not incur any liability, either to the adult or anyone else, because of the appointment of the guardian or administrator. (2) A transaction between— (a) an attorney who purports to exercise power for a matter; and (b) a person who does not know power for the matter has been given to a guardian or administrator; is, in favour of the person, as valid as if the power had not been given to the guardian or administrator. (3) In this section— attorney means an attorney under an enduring document or a statutory health attorney. know , power has been given by the tribunal, includes have reason to believe power has been given by the tribunal. Current as at [Not applicable] Page 31
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 25] 25 Protection if unaware power already exercised by advance health directive (1) This section applies if— (a) an adult’s advance health directive includes a direction about a matter; and (b) after the advance health directive is made, but without reference to it, the tribunal gives power for the matter to a guardian. (2) The guardian who, without knowing a direction about the matter is included in an advance health directive, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the direction being included in the advance health directive. (3) If— (a) the guardian purports to exercise power for a matter; and (b) without knowing a direction about the matter is included in an advance health directive, a person acts in reliance on the purported exercise of power; the person does not incur any liability, either to the adult or anyone else, because of the direction being included in the advance health directive. (4) In this section— know , a direction about a matter is included in an advance health directive, includes have reason to believe the matter is dealt with by an advance health directive. Page 32 Current as at [Not applicable]
Part 3 Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 26] Changing or revoking an appointment order Not authorised —indicative only Division 1 Revocation by appointee 26 Automatic revocation (1) An appointment as a guardian or administrator for an adult for a matter ends if— (a) the guardian or administrator becomes a paid carer, or health provider, for the adult; or (b) the guardian or administrator becomes the service provider for a residential service where the adult is a resident; or (c) if the guardian or administrator and the adult are married when the appointment is made—the marriage is dissolved; or (d) if the guardian or administrator and the adult are in a civil partnership when the appointment is made—the civil partnership is terminated under the Civil Partnerships Act 2011 , part 2, division 4; or (e) the guardian or administrator dies; or (f) the adult dies; or (g) for a guardian for a restrictive practice matter under chapter 5B—the tribunal gives a containment or seclusion approval under chapter 5B in relation to the adult. (2) Also, an appointment as an administrator ends if the administrator becomes bankrupt or insolvent. (3) If an appointment as a guardian or administrator ends under subsection (1)(a), (b), (c), (d) or (f) or subsection (2), the former guardian or administrator must advise the tribunal in writing of the ending of the appointment. Current as at [Not applicable] Page 33
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 27] (4) If an appointment as a guardian or administrator for a matter ends under subsection (1) or (2) and the guardian or administrator was a joint guardian or administrator for the matter— (a) if, of the joint guardians or administrators, there is 1 remaining guardian or administrator, the remaining guardian or administrator may exercise power for the matter; and (b) if, of the joint guardians or administrators, there are 2 or more remaining guardians or administrators, the remaining guardians or administrators may exercise power for the matter and, if exercising power, must exercise power jointly. (5) In this section— resident has the meaning given by the Residential Services (Accreditation) Act 2002 . residential service has the meaning given by the Residential Services (Accreditation) Act 2002 . service provider has the meaning given by the Residential Services (Accreditation) Act 2002 . 27 Withdrawal with tribunal’s leave (1) An appointment as a guardian or administrator for an adult for a matter ends if, with the tribunal’s leave, the guardian or administrator withdraws as guardian or administrator for the matter. (2) If the tribunal gives leave for a guardian or administrator to withdraw for a matter— (a) the tribunal may appoint someone else to replace the withdrawing person as guardian or administrator for the matter; and (b) for a withdrawing administrator notice of whose appointment was given to the registrar of titles under section 21, the registrar of the tribunal must take Page 34 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 28] reasonable steps to advise the registrar of titles of the withdrawal. (3) If the registrar of titles receives an advice of withdrawal, the registrar of titles must enter the advice in a file maintained for the purpose. (4) The withdrawing administrator must pay the fee payable to the registrar of titles, unless the tribunal orders otherwise. Division 2 Change or revocation at tribunal review of appointment 28 Periodic review of appointment (1) The tribunal must review an appointment of a guardian or administrator (other than the public trustee or a trustee company under the Trustee Companies Act 1968 )— (a) for an appointment made because an adult has impaired capacity for a matter but the tribunal does not consider the impaired capacity is permanent—in accordance with an order of the tribunal, but at least every 5 years; or (b) otherwise—at least every 5 years. (2) This section does not apply for a guardian for a restrictive practice matter under chapter 5B. 29 Other review of appointment (1) The tribunal may review an appointment of a guardian or administrator for an adult at any time— (a) on its own initiative; or (b) for a guardian (other than a guardian for a restrictive practice matter under chapter 5B) or an administrator— on the application of any of the following— (i) the adult; (ii) an interested person for the adult; Current as at [Not applicable] Page 35
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 30] (iii) the public trustee; (iv) a trustee company under the Trustee Companies Act 1968 ; or (c) for a guardian for a restrictive practice matter under chapter 5B—on the application of any of the following— (i) the adult; (ii) an interested person for the adult; (iii) a relevant service provider under chapter 5B providing disability services to the adult; (iv) the chief executive (disability services); (v) the public guardian; (vi) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; (vii) if the adult is a forensic disability client—the director of forensic disability. (2) However, the tribunal must review the appointment of a guardian for a restrictive practice matter under chapter 5B at least once before the term of the appointment ends. 30 Guardian or administrator to update advice about appropriateness and competence (1) For a review of an appointment, the tribunal may require the guardian or administrator to advise the tribunal of anything of which the guardian or administrator— (a) has not previously advised the tribunal; and (b) would be required to advise the tribunal under section 16 if the tribunal were considering whether to appoint the guardian or administrator. (2) The guardian or administrator must give the advice by statutory declaration or on oath or affirmation if required by the tribunal. Page 36 Current as at [Not applicable]
Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 31] Maximum penalty—40 penalty units. Not authorised —indicative only 31 Appointment review process (1) The tribunal may conduct a review of an appointment of a guardian or administrator (an appointee ) for an adult in the way it considers appropriate. (2) At the end of the review, the tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made. (3) If the tribunal is satisfied there are appropriate grounds for an appointment to continue, it may either— (a) continue its order making the appointment; or (b) change its order making the appointment, including, for example, by— (i) changing the terms of the appointment; or (ii) removing an appointee; or (iii) making a new appointment. (4) However, the tribunal may make an order removing an appointee only if the tribunal considers— (a) the appointee is no longer competent; or (b) another person is more appropriate for appointment. (5) An appointee is no longer competent if, for example— (a) a relevant interest of the adult has not been, or is not being, adequately protected; or (b) the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or (c) the appointee is an administrator appointed for a matter involving an interest in land and the appointee fails to advise the registrar of titles of the appointment as required under section 21(1); or Current as at [Not applicable] Page 37
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 32] (d) the appointee has otherwise contravened this Act. (6) The tribunal may include in its order changing or revoking the appointment of an administrator a provision as to who must pay the fee payable to the registrar of titles for advice of the change or revocation. 32 Tribunal to advise of change, revocation or ending of appointment (1) This section applies if— (a) the tribunal changes or revokes the appointment for an adult of a guardian or administrator; or (b) the tribunal is given advice of the ending of an appointment under section 26 or 57. (2) The registrar of the tribunal must take reasonable steps to advise the adult and any remaining guardians and administrators of the change, revocation or ending of the appointment. 32A Additional requirements if change, revocation or ending of appointment and interest in land involved (1) This section applies if— (a) an administrator was appointed for a matter involving an interest in land; and (b) either— (i) the tribunal changes or revokes the appointment; or (ii) the tribunal is given advice of the ending of the appointment under section 26 or 57. (2) The registrar of the tribunal and any remaining administrator appointed for a matter involving an interest in land must, within 3 months of the change, revocation or ending of the appointment, advise the registrar of titles of the change, revocation or ending of the appointment. Page 38 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 3 Appointment of guardians and administrators [s 32B] (3) If the registrar of titles receives an advice, the registrar of titles must enter the advice in a file maintained for the purpose. Division 3 Directions 32B Directions to former guardian or administrator (1) This section applies if an appointment as a guardian or administrator ends under section 26, 27 or 31. (2) The tribunal may give directions to the former guardian or administrator that the tribunal considers necessary because of the ending of the appointment. (3) The tribunal may give the directions to the former guardian or administrator— (a) if the appointment ends under section 27—when the tribunal gives leave to withdraw as guardian or administrator for a matter; or (b) if the appointment ends under section 31—when the tribunal revokes the order that made the appointment or makes an order removing the guardian or administrator; or (c) in all cases—at any hearing of a proceeding relating to the adult for whom the person was formerly a guardian or administrator. (4) However, the directions may relate only to a matter for which the former guardian or administrator was appointed immediately before the appointment ends. Current as at [Not applicable] Page 39
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 33] Chapter 4 Functions and powers of guardians and administrators Part 1 General functions and powers of guardian or administrator 33 Power of guardian or administrator (1) Unless the tribunal orders otherwise, a guardian is authorised to do, in accordance with the terms of the guardian’s appointment, anything in relation to a personal matter that the adult could have done if the adult had capacity for the matter when the power is exercised. (2) Unless the tribunal orders otherwise, an administrator is authorised to do, in accordance with the terms of the administrator’s appointment, anything in relation to a financial matter that the adult could have done if the adult had capacity for the matter when the power is exercised. (3) For a guardian for a restrictive practice matter under chapter 5B, this section applies subject to sections 80ZE and 80ZF. 34 Apply principles (1) A guardian or administrator must apply the general principles. Note— See schedule 1 (Principles). (2) In making a health care decision, a guardian must also apply the health care principle. Page 40 Current as at [Not applicable]
Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 35] 35 Act honestly and with reasonable diligence A guardian or administrator who may exercise power for an adult must exercise the power honestly and with reasonable diligence to protect the adult’s interests. Maximum penalty—200 penalty units. Not authorised —indicative only 36 Act as required by terms of tribunal order A guardian or administrator who may exercise power for an adult must, when exercising the power, exercise it as required by the terms of any order of the tribunal. Maximum penalty—200 penalty units. 37 Avoid conflict transaction (1) An administrator for an adult may enter into a conflict transaction only if the tribunal authorises the transaction, conflict transactions of that type or conflict transactions generally. (2) A conflict transaction is a transaction in which there may be conflict, or which results in conflict, between— (a) the duty of an administrator towards the adult; and (b) either— (i) the interests of the administrator or a person in a close personal or business relationship with the administrator; or (ii) another duty of the administrator. Examples— 1 A conflict transaction happens if an administrator buys the adult’s car. 2 A conflict transaction does not happen if an administrator is acting under section 55 to maintain the adult’s dependants. (3) However, a transaction is not a conflict transaction only because by the transaction the administrator in the administrator’s own right and on behalf of the adult— Current as at [Not applicable] Page 41
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 38] (a) deals with an interest in property jointly held; or (b) acquires a joint interest in property; or (c) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in paragraph (a) or (b). (4) A conflict transaction between an administrator and a person who does not know, or have reason to believe, the transaction is a conflict transaction is, in favour of the person, as valid as if the transaction were not a conflict transaction. (5) In this section— joint interest includes an interest as a joint tenant or tenant in common. 38 Multiple guardians or administrators are joint if not otherwise stated Two or more guardians or administrators for a matter are appointed as joint guardians or joint administrators for the matter if the tribunal does not order otherwise. 39 Act together with joint guardians or administrators (1) Guardians or administrators for an adult who may exercise power for a matter jointly must exercise the power unanimously. (2) If it is impracticable or impossible to exercise the power unanimously, 1 or more of the guardians or administrators, or another interested person for the adult, may apply for directions to the tribunal. 40 Consult with adult’s other appointees or attorneys (1) If there are 2 or more persons who are guardian, administrator or attorney for an adult, the persons must consult with one another on a regular basis to ensure the adult’s interests are Page 42 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 41] not prejudiced by a breakdown in communication between them. (2) However, failure to comply with subsection (1) does not affect the validity of an exercise of power by a guardian, administrator or attorney. (3) In this section— attorney means an attorney under an enduring document or a statutory health attorney. 41 Disagreement about matter other than health matter (1) If— (a) a guardian, administrator or attorney for an adult disagrees with another person who is a guardian, administrator or attorney for the adult about the way power for a matter, other than a health matter, should be exercised; and (b) the disagreement can not be resolved by mediation by the public guardian; the public guardian or any person mentioned in paragraph (a) may apply for directions to the tribunal. (2) In this section— attorney means an attorney under an enduring document. 42 Disagreement about health matter (1) If there is a disagreement about a health matter for an adult and the disagreement can not be resolved by mediation by the public guardian, the public guardian may exercise power for the health matter. (2) If the public guardian exercises power under subsection (1), the public guardian must advise the tribunal in writing of the following details— (a) the name of the adult; Current as at [Not applicable] Page 43
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 43] (b) an outline of the disagreement; (c) the name of each guardian, attorney or eligible statutory health attorney involved in the disagreement; (d) the decision made by the public guardian. (3) In this section— attorney means an attorney under an enduring document or a statutory health attorney. disagreement about a health matter means— (a) a disagreement between a guardian or attorney for an adult and another person who is a guardian or attorney for the adult about the way power for the health matter should be exercised; or (b) a disagreement between or among 2 or more eligible statutory health attorneys for an adult about which of them should be the adult’s statutory health attorney or how power for the health matter should be exercised. eligible statutory health attorneys are persons eligible to be an adult’s statutory health attorney under the Powers of Attorney Act 1998 , section 63(1)(a), (b) or (c). 43 Acting contrary to health care principle (1) If a guardian or attorney for a health matter for an adult— (a) refuses to make a decision about the health matter for the adult and the refusal is contrary to the health care principle; or (b) makes a decision about the health matter for the adult and the decision is contrary to the health care principle; the public guardian may exercise power for the health matter. (2) If the public guardian exercises power under this section, the public guardian must advise the tribunal in writing of the following details— (a) the name of the adult; Page 44 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 44] (b) the name of the guardian or attorney; (c) a statement as to why the refusal or decision is contrary to the health care principle; (d) the decision made by the public guardian. (3) In this section— attorney means an attorney under an enduring document or a statutory health attorney. 44 Right of guardian or administrator to information (1) A guardian or administrator who has power for a matter for an adult has a right to all the information the adult would have been entitled to if the adult had capacity and which is necessary to make an informed exercise of the power. (2) At the guardian’s or administrator’s request, a person who has custody or control of the information must give the information to the guardian or administrator, unless the person has a reasonable excuse. (3) If a person who has custody or control of the information does not comply with a request by a guardian or administrator to give information, the tribunal may, on application by the guardian or administrator, order the person to give the information to the guardian or administrator. (4) If the tribunal orders a person to give information to the guardian or administrator, the person must comply with the order, unless the person has a reasonable excuse. (5) It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person. (6) Subject to subsection (5), this section overrides— (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege. Current as at [Not applicable] Page 45
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 45] 45 Execution of instrument etc. (1) If necessary or convenient for the exercise of power given to a guardian or administrator (the appointee ), the appointee may— (a) execute an instrument with the appointee’s own signature or, if sealing is required or used, with the appointee’s own seal; and (b) do any other thing in the appointee’s own name. (2) An instrument executed by an appointee must be executed in a way showing the appointee executes it as guardian or administrator for the adult. (3) An instrument executed, or thing done, in the way mentioned in this section is as effective as if executed or done by the adult— (a) with the adult’s signature; or (b) with the adult’s signature and seal; or (c) in the adult’s name. (4) This section applies subject to the Property Law Act 1974 , section 46. 46 Implied power to execute a deed If a tribunal order gives a guardian or administrator power to do a thing, the guardian or administrator is given power to execute a deed to do the thing. 47 Payment of expenses A guardian or administrator for an adult is entitled to reimbursement from the adult of the reasonable expenses incurred in acting as guardian or administrator. Page 46 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 48] 48 Remuneration of professional administrators (1) If an administrator for an adult carries on a business of or including administrations under this Act, the administrator is entitled to remuneration from the adult if the tribunal so orders. (2) The remuneration may not be more than the amount the tribunal considers fair and reasonable, having regard to— (a) the nature and complexity of the service; and (b) the care, skill and specialised knowledge required to provide the service; and (c) the responsibility displayed in providing the service; and (d) the time within which the service was provided; and (e) the place where, and the circumstances in which, the service was provided. (3) Nothing in this section affects the right of the public trustee or a trustee company to remuneration or commission under another Act or the Corporations Act. Part 2 Particular functions and powers of administrators 49 Keep records (1) An administrator for an adult must— (a) keep records that are reasonable in the circumstances; and (b) if required by the tribunal—produce records of dealings and transactions involving the adult’s property that are reasonable for inspection at the time the tribunal decides. Maximum penalty—100 penalty units. (2) An administrator must also, if required by the tribunal— Current as at [Not applicable] Page 47
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 50] (a) keep the records the tribunal decides; and (b) produce the records for inspection at the time and in the way the tribunal decides. Maximum penalty—100 penalty units. 50 Keep property separate (1) An administrator for an adult must keep the administrator’s property separate from the adult’s property. Maximum penalty—300 penalty units. (2) Subsection (1) does not apply to property owned jointly by the adult and administrator. (3) Subsection (1) does not affect another obligation imposed by law. 51 Power to invest and continue investments (1) This section applies if an administrator for an adult has power to invest. (2) The administrator may invest only in authorised investments. (3) However, if, when the administrator is appointed, the adult had investments that were not authorised investments, the administrator may continue the investments, including by taking up rights to issues of new shares, or options for new shares, to which the adult becomes entitled by the adult’s existing shareholding. 54 Gifts (1) Unless the tribunal orders otherwise, an administrator for an adult may give away the adult’s property only if— (a) the gift is— (i) a gift or donation of the nature the adult made when the adult had capacity; or Page 48 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 55] (ii) a gift or donation of the nature the adult might reasonably be expected to make; and (b) the gift’s value is not more than what is reasonable having regard to all the circumstances and, in particular, the adult’s financial circumstances. (2) The administrator or a charity with which the administrator has a connection is not precluded from receiving a gift under subsection (1). 55 Maintain adult’s dependants (1) An administrator for an adult may provide from the adult’s estate for the needs of a dependant of the adult. (2) However, unless the tribunal orders otherwise, what is provided must not be more than what is reasonable having regard to all the circumstances and, in particular, the adult’s financial circumstances. Part 3 Other provisions applying to guardians and administrators 56 Protection if unaware of change of appointee’s power (1) This section applies if— (a) the tribunal gives power for a matter to a guardian or administrator; and (b) the power is changed. (2) The guardian or administrator who, without knowing of the change, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the change. (3) A transaction between— (a) the guardian or administrator who purports to exercise power for the matter; and Current as at [Not applicable] Page 49
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 57] (b) a person who does not know of the change; is, in favour of the person, as valid as if the power had not been changed. (4) In this section— change , of power for a matter, includes— (a) suspension of power for the matter; and (b) removal as guardian or administrator for the matter. know , of a change of a power, includes— (a) know of the happening of an event that changes the power; and Note— For an example of an event, an appointment ends if a guardian or administrator for an adult becomes a paid carer, or health provider, for the adult—see section 26 (Automatic revocation). (b) have reason to believe the change has happened. 57 Advice of change of successive appointee (1) This section applies if the tribunal appoints successive guardians or administrators so power is given to a particular appointee only when the power of a previous appointee ends. (2) If the power of a previous appointee ends— (a) the previous appointee must advise the next successive appointee of the ending of the previous appointment; and (b) the next successive appointee must advise the tribunal in writing of the change as soon as practicable. 58 Power to excuse failure If a guardian or administrator is prosecuted in a court for a failure to comply with this chapter, the court may excuse the failure if it considers the guardian or administrator has acted Page 50 Current as at [Not applicable]
Guardianship and Administration Act 2000 Chapter 4 Functions and powers of guardians and administrators [s 59] honestly and reasonably and ought fairly to be excused for the failure. Not authorised —indicative only 59 Compensation for failure to comply (1) A guardian or administrator for an adult (an appointee ) may be ordered by the tribunal or a court to compensate the adult (or, if the adult has died, the adult’s estate) for a loss caused by the appointee’s failure to comply with this Act in the exercise of a power. (2) Subsection (1) applies even if the appointee is convicted of an offence in relation to the appointee’s failure. (3) If the adult or appointee has died, the application for compensation must be made to the tribunal or a court within 6 months after the death. (4) If the adult and appointee have died, the application for compensation must be made to the tribunal or a court within 6 months after the first death. (5) The tribunal or a court may extend the application time. (6) If security has been given under section 19 and the tribunal or a court makes an order for compensation under this section, the tribunal or court may also order that the security be applied in satisfaction of the order for compensation. (7) Compensation paid under a tribunal or court order must be taken into account in assessing damages in a later civil proceeding in relation to the appointee’s exercise of the power. (8) In this section— court means any court. 60 Power to apply to court for compensation for loss of benefit in estate (1) This section applies if a person’s benefit in an adult’s estate under the adult’s will, on intestacy, or by another disposition taking effect on the adult’s death, is lost because of a sale or Current as at [Not applicable] Page 51
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 61] other dealing with the adult’s property by an administrator of the adult. (2) This section applies even if the person whose benefit is lost is the administrator by whose dealing the benefit is lost. (3) The person, or the person’s personal representative, may apply to the court for compensation out of the adult’s estate. Editor’s note— Court means the Supreme Court—see schedule 4 (Dictionary). (4) The court may order that the person, or the person’s estate, be compensated out of the adult’s estate as the court considers appropriate, but the compensation must not be more than the value of the lost benefit. (5) The Succession Act 1981 , sections 41(2) to (8), (10) and (11) and 44 apply to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application. Chapter 5 Health matters and special health matters Part 1 Philosophy and purpose 61 Purpose to achieve balance for health care This chapter seeks to strike a balance between— (a) ensuring an adult is not deprived of necessary health care only because the adult has impaired capacity for a health matter or special health matter; and (b) ensuring health care given to the adult is only— Page 52 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 62] (i) health care that is necessary and appropriate to maintain or promote the adult’s health or wellbeing; or (ii) health care that is, in all the circumstances, in the adult’s best interests. Note— See also section 11 (Principles for adults with impaired capacity). Part 2 Scheme for health care and special health care Division 1 Health care—no consent 62 Division’s scope This division deals with when health care, other than special health care, may be carried out without consent. 63 Urgent health care (1) Health care, other than special health care, of an adult may be carried out without consent if the adult’s health provider reasonably considers— (a) the adult has impaired capacity for the health matter concerned; and (b) either— (i) the health care should be carried out urgently to meet imminent risk to the adult’s life or health; or (ii) the health care should be carried out urgently to prevent significant pain or distress to the adult and it is not reasonably practicable to get consent from a person who may give it under this Act or the Powers of Attorney Act 1998 . Current as at [Not applicable] Page 53
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 63A] (2) However, the health care mentioned in subsection (1)(b)(i) may not be carried out without consent if the health provider knows the adult objects to the health care in an advance health directive. (3) However, the health care mentioned in subsection (1)(b)(ii) may not be carried out without consent if the health provider knows the adult objects to the health care unless— (a) the adult has minimal or no understanding of 1 or both of the following— (i) what the health care involves; (ii) why the health care is required; and (b) the health care is likely to cause the adult— (i) no distress; or (ii) temporary distress that is outweighed by the benefit to the adult of the health care. (4) The health provider must certify in the adult’s clinical records as to the various things enabling the health care to be carried out because of this section. (5) In this section— health care , of an adult, does not include withholding or withdrawal of a life-sustaining measure for the adult. 63A Life-sustaining measure in an acute emergency (1) A life-sustaining measure may be withheld or withdrawn for an adult without consent if the adult’s health provider reasonably considers— (a) the adult has impaired capacity for the health matter concerned; and (b) the commencement or continuation of the measure for the adult would be inconsistent with good medical practice; and Page 54 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 64] (c) consistent with good medical practice, the decision to withhold or withdraw the measure must be taken immediately. (2) However, the measure may not be withheld or withdrawn without consent if the health provider knows the adult objects to the withholding or withdrawal. Editor’s note— Object is defined in schedule 4 (Dictionary). (3) The health provider must certify in the adult’s clinical records as to the various things enabling the measure to be withheld or withdrawn because of this section. (4) For this section, artificial nutrition and hydration is not a life-sustaining measure . 64 Minor, uncontroversial health care (1) Health care, other than special health care, of an adult may be carried out without consent if the adult’s health provider— (a) reasonably considers the adult has impaired capacity for the health matter concerned; and (b) reasonably considers the health care is— (i) necessary to promote the adult’s health and wellbeing; and (ii) of the type that will best promote the adult’s health and wellbeing; and (iii) minor and uncontroversial; and (c) does not know, and can not reasonably be expected to know, of— (i) a decision about the health care made by a person who is able to make the decision under this Act or the Powers of Attorney Act 1998 ; or (ii) any dispute among persons the health provider reasonably considers have a sufficient and continuing interest in the adult about— Current as at [Not applicable] Page 55
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 65] (A) the carrying out of the health care; or (B) the capacity of the adult for the health matter. Examples of minor and uncontroversial health care mentioned in paragraph (b)(iii)— the administration of an antibiotic requiring a prescription the administration of a tetanus injection (2) However, the health care may not be carried out without consent if the health provider knows, or could reasonably be expected to know, the adult objects to the health care. (3) The health provider must certify in the adult’s clinical records as to the various things enabling the health care to be carried out because of this section. Division 2 Health care and special health care—consent 65 Adult with impaired capacity—order of priority in dealing with special health matter (1) If an adult has impaired capacity for a special health matter, the matter may only be dealt with under the first of the following subsections to apply. (2) If the adult has made an advance health directive giving a direction about the matter, the matter may only be dealt with under the direction. (3) If subsection (2) does not apply and an entity other than the tribunal is authorised to deal with the matter, the matter may only be dealt with by the entity. (4) If subsections (2) and (3) do not apply and the tribunal has made an order about the matter, the matter may only be dealt with under the order. Note— However, the tribunal may not consent to electroconvulsive therapy or a non-ablative neurosurgical procedure—see section 68(1). Page 56 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 66] 66 Adult with impaired capacity—order of priority in dealing with health matter (1) If an adult has impaired capacity for a health matter, the matter may only be dealt with under the first of the following subsections to apply. (2) If the adult has made an advance health directive giving a direction about the matter, the matter may only be dealt with under the direction. (3) If subsection (2) does not apply and the tribunal has appointed 1 or more guardians for the matter or made an order about the matter, the matter may only be dealt with by the guardian or guardians or under the order. Note— If, when appointing the guardian or guardians, the tribunal was unaware of the existence of an enduring document giving power for the matter to an attorney, see section 23 (Appointment without knowledge of enduring document), particularly subsection (2). (4) If subsections (2) and (3) do not apply and the adult has made 1 or more enduring documents appointing 1 or more attorneys for the matter, the matter may only be dealt with by the attorney or attorneys for the matter appointed by the most recent enduring document. (5) If subsections (2) to (4) do not apply, the matter may only be dealt with by the statutory health attorney. (6) This section does not apply to a health matter relating to health care that may be carried out without consent under division 1. 66A When consent to withholding or withdrawal of life-sustaining measure may operate (1) This section applies if a matter concerning the withholding or withdrawal of a life-sustaining measure is to be dealt with under section 66(3), (4) or (5). Note— If a matter concerning the withholding or withdrawal of a life-sustaining measure is to be dealt with under section 66(2), see the Current as at [Not applicable] Page 57
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 66B] Powers of Attorney Act 1998 , section 36(2) (Operation of advance health directive) as to when a direction to withhold or withdraw a life-sustaining measure can operate. (2) A consent to the withholding or withdrawal of a life-sustaining measure for the adult can not operate unless the adult’s health provider reasonably considers the commencement or continuation of the measure for the adult would be inconsistent with good medical practice. 66B Certificate in clinical records if life-sustaining measure withheld or withdrawn (1) This section applies if a life-sustaining measure is withheld or withdrawn for an adult other than because of section 63A. (2) The adult’s health provider must certify in the adult’s medical records as to the various things enabling the measure to be withheld or withdrawn because of— (a) for a withholding or withdrawal under a direction in the adult’s advance health directive—section 66(2) and the Powers of Attorney Act 1998 , section 36; or (b) for a withholding or withdrawal by consent— section 66(3), (4) or (5) and section 66A. 67 Effect of adult’s objection to health care (1) Generally, the exercise of power for a health matter or special health matter is ineffective to give consent to health care of an adult if the health provider knows, or ought reasonably to know, the adult objects to the health care. Note— Object is defined in schedule 4 (Dictionary). Note also the Powers of Attorney Act 1998 , section 35(2)(a) (Advance health directives) provides that ‘by an advance health directive [a] principal may give a direction— (a) consenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided’. Page 58 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 68] (2) However, the exercise of power for a health matter or special health matter is effective to give consent to the health care despite an objection by the adult to the health care if— (a) the adult has minimal or no understanding of 1 of the following— (i) what the health care involves; (ii) why the health care is required; and (b) the health care is likely to cause the adult— (i) no distress; or (ii) temporary distress that is outweighed by the benefit to the adult of the proposed health care. (3) Subsection (2) does not apply to the following health care— (a) removal of tissue for donation; (b) participation in special medical research or experimental health care or approved clinical research. Part 3 Consent to special health care 68 Special health care (1) The tribunal may, by order, consent to special health care, other than electroconvulsive therapy or a non-ablative neurosurgical procedure, for an adult. (2) To the extent another entity is authorised by an Act to make a decision for an adult about prescribed special health care, the tribunal does not have power to make the decision. Note— For the application of the general principles and the health care principle to the tribunal and to an entity authorised by an Act to make a decision for an adult about prescribed special health care, see section 11 (Principles for adults with impaired capacity). Current as at [Not applicable] Page 59
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 69] 69 Donation of tissue (1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to removal of tissue from the adult for donation to another person only if the tribunal is satisfied— (a) the risk to the adult is small; and (b) the risk of failure of the donated tissue is low; and (c) the life of the proposed recipient would be in danger without the donation; and (d) no other compatible donor is reasonably available; and (e) there is, or has been, a close personal relationship between the adult and proposed recipient. (2) The tribunal may not consent if the adult objects to the removal of tissue for donation. Note— Section 67, which effectively enables an adult’s objection to be overridden in some cases, does not apply. (3) If the tribunal consents to removal of tissue for donation, the tribunal’s order must specify the proposed recipient. 70 Sterilisation (1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to sterilisation of the adult only if the tribunal is satisfied— (a) one of the following applies— (i) the sterilisation is medically necessary; (ii) the adult is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; (iii) if the adult is female—the adult has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and Page 60 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 71] (b) the sterilisation can not reasonably be postponed; and (c) the adult is unlikely, in the foreseeable future, to have capacity for decisions about sterilisation. (2) Sterilisation is not medically necessary if the sterilisation is— (a) for eugenic reasons; or (b) to remove the risk of pregnancy resulting from sexual abuse. (3) Also, in deciding whether to consent for the adult to a sterilisation procedure, the tribunal must take into account— (a) alternative forms of health care, including other sterilisation procedures, available or likely to become available in the foreseeable future; and (b) the nature and extent of short-term, or long-term, significant risks associated with the proposed procedure and available alternative forms of health care, including other sterilisation procedures. (4) An adult’s sterilisation, to which the tribunal has consented for the adult, is not unlawful. 71 Termination of pregnancy (1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to termination of the adult’s pregnancy only if the tribunal is satisfied the termination may be performed by a medical practitioner under the Termination of Pregnancy Act 2018. (2) Termination of an adult’s pregnancy, to which the tribunal has consented for the adult, is not unlawful. 72 Special medical research or experimental health care (1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to the adult’s participation in special medical research or experimental health care relating to a condition the adult has or to which the Current as at [Not applicable] Page 61
Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 72] Not authorised —indicative only adult has a significant risk of being exposed only if the tribunal is satisfied about the following matters— (a) the special medical research or experimental health care is approved by an ethics committee; (b) the risk and inconvenience to the adult and the adult’s quality of life is small; (c) the special medical research or experimental health care may result in significant benefit to the adult; (d) the potential benefit can not be achieved in another way. Note— Special medical research or experimental health care does not include— (a) psychological research; or (b) approved clinical research—see schedule 2, section 12(2). (2) The tribunal may consent, for an adult with impaired capacity for the matter, to the adult’s participation in special medical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had only if the tribunal is satisfied about the following matters— (a) the special medical research or experimental health care is approved by an ethics committee; (b) the risk and inconvenience to the adult and the adult’s quality of life is small; (c) the special medical research or experimental health care may result in significant benefit to the adult or other persons with the condition; (d) the special medical research or experimental health care can not reasonably be carried out without a person who has or has had the condition taking part; (e) the special medical research or experimental health care will not unduly interfere with the adult’s privacy. (3) The tribunal may not consent to the adult’s participation in special medical research or experimental health care if— Page 62 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 73] (a) the adult objects to the special medical research or experimental health care; or Note— Section 67, which effectively enables an adult’s objection to be overridden in some cases, does not apply. (b) the adult, in an enduring document, indicated unwillingness to participate in the special medical research or experimental health care. 73 Prescribed special health care (1) Subject to section 68(2), the tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to the adult having prescribed special health care. (2) The tribunal may consent only if it is satisfied of the matters prescribed under a regulation. 74 Subsequent special health care for adult (1) If the tribunal consents to special health care for an adult, the tribunal may appoint 1 or more persons who are eligible for appointment as a guardian or guardians for the adult and give the guardian or guardians power to consent for the adult to— (a) continuation of the special health care; or (b) the carrying out on the adult of similar special health care. (2) The appointment order may include a declaration, order, direction, recommendation, or advice about how the power given is to be used. (3) The appointment order may be changed by the tribunal on its own initiative or on the application of an interested person. (4) In deciding whether to consent, a guardian must apply the general principles and the health care principle. Current as at [Not applicable] Page 63
Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 75] Part 4 Other provisions about health care Not authorised —indicative only 75 Use of force A health provider and a person acting under the health provider’s direction or supervision may use the minimum force necessary and reasonable to carry out health care authorised under this Act. 76 Health providers to give information (1) The purpose of this section is to ensure— (a) a guardian or attorney who has power for a health matter for an adult has all the information necessary to make an informed exercise of the power; and (b) the tribunal, in deciding whether to consent to special health care for an adult with impaired capacity for a special health matter, has all the information necessary to make an informed decision. (2) At the guardian’s or attorney’s request, a health provider who is treating, or has treated, the adult must give information to the guardian or attorney unless the health provider has a reasonable excuse. (3) At the tribunal’s request, a health provider who is treating, or has treated, the adult must give information to the tribunal unless the health provider has a reasonable excuse. (4) The information to be given by a health provider who is treating, or has treated, the adult includes information about— (a) the nature of the adult’s condition at the time of the treatment; and (b) the particular form of health care being, or that was, carried out; and (c) the reasons why the particular form of health care is being, or was, carried out; and Page 64 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 76] (d) the alternative forms of health care available for the condition at the time of the treatment; and (e) the general nature and effect of each form of health care at the time of the treatment; and (f) the nature and extent of short-term, or long-term, significant risks associated with each form of health care; and (g) for a health provider who is treating the adult—the reasons why it is proposed a particular form of health care should be carried out. (5) If a health provider does not comply with a request by a guardian or attorney to give information, the tribunal may, on application by the guardian or attorney, order the health provider to give the information to the guardian or attorney. (6) If the tribunal orders a health provider to give information, the health provider must comply with the order, unless the health provider has a reasonable excuse. (7) It is a reasonable excuse for a health provider to fail to give information because giving the information might tend to incriminate the health provider. (8) Subject to subsection (7), this section overrides— (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and (b) any claim of confidentiality or privilege. (9) This section does not limit— (a) a guardian’s right to information under section 44; or (b) the tribunal’s right to information under section 130; or (c) an attorney’s right to information under the Powers of Attorney Act 1998 , section 81. (10) In this section— attorney means an attorney under an enduring document or a statutory health attorney. Current as at [Not applicable] Page 65
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 77] 77 Protection of health provider (1) To the extent a health provider giving health care to an adult complies with a purported exercise of power for a health matter or special health matter by a person who represented to the health provider that the person had the right to exercise the power, the health provider is taken to have the adult’s consent to the exercise of power. (2) Subsection (1) does not apply if the health provider knew, or could reasonably be expected to have known, the person did not have the right to exercise the power. 78 Offence to exercise power for adult if no right to do so It is an offence for a person who knows he or she has no right to exercise power for a health matter or special health matter for an adult, or who is recklessly indifferent about whether he or she has a right to exercise power for a health matter or special health matter for the adult, to— (a) purport to exercise power for a health matter or special health matter for the adult; or (b) represent to a health provider for the adult that the person has a right to exercise power for a health matter or special health matter for the adult. Maximum penalty— (a) for special health matter—300 penalty units; or (b) for health matter—200 penalty units. 79 Offence to carry out health care unless authorised (1) It is an offence for a person to carry out health care of an adult with impaired capacity for the health matter concerned unless— (a) this or another Act provides the health care may be carried out without consent; or Page 66 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5 Health matters and special health matters [s 80] Note— See sections 63 (Urgent health care), 63A (Life-sustaining measure in an acute emergency) and 64 (Minor, uncontroversial health care). (b) consent to the health care is given under this or another Act; or (c) the health care is authorised by an order of the court made in its parens patriae jurisdiction. Note— Court means the Supreme Court—see schedule 4 (Dictionary). The parens patriae jurisdiction is based on the need to protect those who lack the capacity to protect themselves. It allows the Supreme Court to appoint decision-makers for people who, because of mental illness, intellectual disability, illness, accident or old age, are unable to adequately safeguard their own interests. Maximum penalty— (a) if special health care is carried out—300 penalty units; or (b) if other health care is carried out—200 penalty units. (2) This section has effect despite the Criminal Code, section 282. 80 No less protection than if adult gave health consent A person carrying out health care of an adult that is authorised by this or another Act is not liable for an act or omission to any greater extent than if the act or omission happened with the adult’s consent and the adult had capacity to consent. Current as at [Not applicable] Page 67
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5A Consent to sterilisation of child with impairment [s 80A] Chapter 5A Consent to sterilisation of child with impairment Part 1 Preliminary 80A Definitions for ch 5A In this chapter— active party see section 80K. alternative forms of health care includes menstrual management strategies and alternative forms of sterilisation. chapter 5A application means an application under this chapter for consent to the sterilisation of a child with an impairment. Note— Child , if age rather than descendancy is relevant, means an individual who is under 18— Acts Interpretation Act 1954 , schedule 1 (Meaning of commonly used words and expressions). child representative see section 80L. health care , of a child, is care or treatment of, or a service or a procedure for, the child— (a) to diagnose, maintain, or treat the child’s physical or mental condition; and (b) carried out by, or under the direction or supervision of, a health provider. impairment means a cognitive, intellectual, neurological or psychiatric impairment. sterilisation see section 80B. Page 68 Current as at [Not applicable]
Not authorised —indicative only Guardianship and Administration Act 2000 Chapter 5A Consent to sterilisation of child with impairment [s 80B] 80B Sterilisation (1)