Australian Capital Territory Consolidated Acts

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  

   PART 1A--IMPORTANT CONCEPTS AND PRINCIPLES

   4.      Principles to be followed by decision-makers  
   5.      When does someone have impaired decision-making ability?  
   5A.     What are a person's interests?  
   6.      Meaning of carer  

   PART 2--GUARDIANS AND MANAGERS

           Division 2.1--Appointment and powers

   6A.     Limits on finding impaired decision-making ability  
   7.      Appointment and powers of guardians  
   7A.     Appointment of guardians under direction  
   7B.     Restriction on powers of guardians  
   8.      Appointment and powers of managers  
   8AA.    Manager for missing person's property  
   8AB.    Missing people's property—who may apply for appointment of  
   8AC.    Missing people's property—powers and term of manager  
   8A.     Restriction on power to appoint manager outside ACT  
   8B.     Effect on guardian or manager of enduring power of attorney in relation to health  
   8C.     May a guardian or manager be appointed for a child?  
   9.      Who may be appointed  
   10.     Considerations affecting appointment  
   11.     Powers to be least restrictive  
   12.     Recognition of interstate etc guardians and managers  
   13.     Authority of guardian or manager  
   14.     Restrictions on manager about property  
   15.     Fees and expenses  

           Division 2.2--Supervision

   16.     Directions by tribunal  
   17.     Restrictions on tribunal's power to give directions  
   18.     Advice by tribunal  
   19.     Regular review etc  

           Division 2.3--Matters relating to management

   20.     Access to records  
   21.     Payments for maintenance etc  
   22.     Receipt of money  
   23.     Execution of instruments  
   24.     Investments  
   25.     Real estate  
   26.     Accounts  
   27.     Examination of accounts  
   27A.    Missing people's property—liability of manager and third party  

           Division 2.4--Cessation of guardianship or management

   28.     Resignation  
   29.     Death of represented person  
   30.     Manager may act until notified of discharge etc  
   30A.    Missing people's property—ending of order  
   31.     Removal by tribunal  
   32.     Surviving or substitute guardians etc  

   PART 3--INQUIRIES BY TRIBUNAL

           Division 3.1--Procedure

   33.     Need for inquiry  
   34.     Sittings  
   35.     Notice of inquiry  
   36.     Appearance and representation  
   36A.    Appearance by audiovisual or audio links  
   37.     Conduct of inquiry  
   38.     Evidence  
   39.     Authority for medical or other examinations  
   40.     Assistance for tribunal  
   41.     Power to obtain information and documents  
   41A.    Privileges against selfincrimination and exposure to civil penalty  
   42.     Retention of documents  
   43.     Form of orders  
   44.     Proof of orders  
   45.     Obtaining reasons for decisions  
   46.     Withdrawal of applications  
   47.     Costs  

           Division 3.2--Miscellaneous

   48.     Removal of people disrupting inquiries  
   49.     Prohibited publications  
   55.     Application of Criminal Code, ch 7  

           Division 3.3--Appeals

   56.     Appeals from tribunal to Supreme Court  

   PART 4--GUARDIANSHIP AND MANAGEMENT OF PROPERTY TRIBUNAL

           Division 4.1--Establishment, functions and powers

   57.     Establishment  
   58.     Functions and powers  

           Division 4.2--Tribunal members

   59.     Membership of tribunal  
   60.     Presidential members  
   61.     Non-presidential members  
   62.     Terms of appointment generally  
   63.     Matters to be included in instrument of appointment etc  
   64.     Duration of appointment  

           Division 4.3--Registrar and deputy registrars

   65.     Registrar and deputy registrars of tribunal  

           Division 4.4--Other provisions

   66.     Constitution of tribunal  
   66A.    Role of president  
   66B.    Deciding questions  
   66C.    Protection of members etc  
   66D.    Secrecy  

   PART 5--MISCELLANEOUS

   67.     Emergency appointments  
   68.     Emergency removal of disabled persons  
   68A.    Emergency orders—enduring powers of attorney  
   68B.    Tribunal's power to revoke health direction  
   69.     Capacity to consent to medical etc procedures  
   70.     Tribunal may consent to prescribed medical procedures  
   71.     Power to adjust transactions  
   72.     Injunctions to restrain dealings  
   73.     Acts and omissions of representatives  
   74.     Criminal liability of officers of corporation  
   75.     Determination of fees  
   77.     Regulation-making power  
           DICTIONARY
           ENDNOTES