Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• authorised deposit-taking institution
• child
• civil partnership
• corporation
• domestic partner (see s 169 (1))
• exercise.
"affinity" means affinity derived through marriage or any other domestic partnership.
"attorney"—see section 6.
"bankrupt"—without limiting when a person becomes bankrupt, a person is taken to become bankrupt if the person takes advantage of a law of a foreign country corresponding to the Bankruptcy Act 1966 (Cwlth).
"close friend", of a person, means someone who has a close personal relationship with the person and a personal interest in the person's welfare.
"day hospital "means a facility where a person is admitted for surgical or medical treatment and discharged on the same day.
"disability care" means care that is provided to a person with a disability in a residential facility in which the person is also provided with accommodation that includes—
(a) appropriate staffing to meet the nursing and personal care needs of the person; and
(b) meals and cleaning services; and
(c) furnishings, furniture and equipment for the provision of the care and accommodation.
"decision-making capacity"—see section 9 (1).
"enduring power of attorney"—see section 8.
"general power of attorney"—see section 7.
"general principles"—see section 44 and schedule 1.
"health care", for a person who is a principal for a power of attorney—
(a) includes withholding or withdrawal of a life-sustaining measure for the principal if starting or continuing the measure for the principal would be inconsistent with good medical practice; but
(b) does not include—
(i) first-aid treatment; or
(ii) a non-intrusive examination made for diagnostic purposes; or
(iii) the administration of a pharmaceutical drug if—
(A) a prescription is not needed for the drug; and
(B) the drug is normally self-administered; and
(C) the administration is for a recommended purpose and at a recommended dosage level.
Example for par (b)
a visual examination of a principal's mouth, throat, nasal cavity, eyes or ears
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"health care facility" means a hospital, residential aged care facility or residential disability care facility.
Note Hospital, residential aged care facility and residential disability care facility are defined in this dictionary.
"health care matter"—see section 12.
"health care provider", for a person who is a principal for a power of attorney, means a health professional who provides health care to the principal.
"health professional" means a person who provides health care in the practice of a profession or the ordinary course of business.
"hospital "means a public hospital, private hospital or day hospital.
"impaired decision-making capacity"—see section 9 (2).
"interested person", for chapter 7 (Proceedings and rights)—see section 74.
"invalidity", of a power of attorney or a power under a power of attorney, for chapter 6 (Protection and relief from liability)—see section 70.
"know", of the invalidity of a power of attorney or a power under a power of attorney, for chapter 6 (Protection and relief from liability)—see section 70.
"legal matter", for a person who is a principal for a power of attorney, means—
(a) the use of legal services for the principal's benefit; or
(b) bringing or defending a proceeding, including settling a claim before or after a proceeding starts, on behalf of the principal.
Examples of use of legal services
1 use of legal services to get information about the principal's legal rights
2 use of legal services to make a transaction
3 use of legal services to bring or defend a proceeding before a court, tribunal or other entity
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"liquidator", of an attorney, includes—
(a) the official manager of the attorney; or
(b) the receiver of the attorney's property; or
(c) the receiver and manager of the attorney's property; or
(d) the managing controller of the attorney's property.
"personal care matter"—see section 11.
"personal insolvency agreement"—without limiting when a person executes a personal insolvency agreement, a person is taken to execute a person insolvency agreement if the person executes an agreement under a law of a foreign country corresponding to the Bankruptcy Act 1966 (Cwlth).
"power of attorney"—
(a) means a general power of attorney or an enduring power of attorney; and
(b) for chapter 6 (Protection and relief from liability)—see section 70.
"principal", in relation to an attorney—see section 6.
"property" includes money and financial assets.
"property matter"—see section 10.
"relative", of a person (the related person), means—
(a) a person related by blood, affinity or adoption to the related person; or
(b) a domestic partner.
Note For the meaning of domestic partner, see the Legislation Act, s 169.
"residential aged care facility" means a residential facility that provides residential care to residents at the facility.
"residential care"—see the Aged Care Act 1997 (Cwlth), section 41-3 (Meaning of residential care).
"residential disability care facility"—
(a) means a residential facility that provides disability care to people with disabilities; but
(b) does not include a residential aged care facility.
"special health care matter", for a principal—see section 37.
"special personal matter", for a principal—see section 36.
"will" includes a codicil.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
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Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
Powers of Attorney Act 2006 A2006-50
notified LR 30 November
2006
s 1, s 2 commenced 30 November 2006 (LA s 75
(1))
remainder commenced 30 May 2007 (s 2 and LA s
79)
as amended by
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.77
notified LR 22 March 2007
s
1, s 2 taken to have commenced 1 July 2006 (LA s 75
(2))
sch 3 pt 3.77 commenced 30 May 2007 (s 2 (2)
and see A2006-50 s 2)
as modified by
Powers of Attorney Regulation 2007 SL2007-8 (as am by SL2007-12 s 5)
notified LR 3 May 2007
s 1,
s 2 commenced 3 May 2007 (LA s 75 (1))
remainder
commenced 30 May 2007 (s 2)
Powers of Attorney Regulation 2007 (No 2) SL2007-11 (as am by SL2007-12 s 4, A2007-22 pt 1.13)
notified LR 24 May 2007
s
1, s 2 commenced 24 May 2007 (LA s 75
(1))
remainder commenced 30 May 2007 (s
2)
Powers of Attorney Amendment Regulation 2007 (No 1) SL2007-12
notified LR 29 May 2007
s
1, s 2 commenced 29 May 2007 (LA s 75
(1))
remainder commenced 30 May 2007 (s
2)
Note This regulation only amends the
Powers of Attorney Regulation 2007 SL2007-8 and the Powers of Attorney
Regulation 2007 (No 2) SL2007-11.
as amended by
Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.12, pt 1.13
notified LR 5 September 2007
s 1, s 2 commenced 5 September 2007 (LA s 75 (1))
sch 1 pt 1.12, pt 1.13 commenced 6 September 2007 (s 2)
Note Sch 1 pt 1.13 only amends the Powers of Attorney Regulation 2007 (No 2) SL2007-11.
Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.17
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.17 commenced 7 May 2008 (s 2)
Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.21
notified LR 15 May 2008
s 1, s 2 commenced 15 May 2008 (LA s 75 (1))
sch 1 pt 1.21 commenced 19 May 2008 (s 2 and CN2008-8)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.40
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.40 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Commencement
s
2 om LA s 89 (4)
Meaning of health care
matter
s 12 am A2007-22 amdt
1.35
Appointment of
attorneys
s 13 hdg sub A2007-22
amdt 1.36
s 13 am A2007-22 amdt 1.37,
amdt 1.38
Limit on s 13 power to appoint
attorneys—enduring powers of
attorney
s 14 am A2008-36 amdt
1.558
Appointment of attorneys by name or
position
s 15 sub A2007-22 amdt
1.39
Who can be a
witness?
s 21 am A2007-22 amdt
1.40
Certificates by witnesses to powers of
attorney
s 22 am A2007-22 amdt
1.41
Authorisation of 2 or more
attorneys
pt 3.3 hdg sub A2007-22
amdt 1.42
Authorisation of 2 or more attorneys under
power of attorney
s 25 hdg sub
A2007-22 amdt 1.43
If multiple attorneys cannot exercise power
unanimously
s 27 am A2008-36 amdt
1.559
How does enduring power of attorney operate
while principal has capacity?
s
31 am A2007-22 amdt 1.44
Special personal
matters
s 36 am A2007-22 amdt
1.45
Special health care
matters
s 37 am A2007-3 amdt
3.408
Obligation of attorneys to keep interested
people informed
s 43 am A2007-22
amdt 1.46; A2008-36 amdt 1.560
Ending powers of
attorney
ch 5 hdg note sub
A2008-36 amdt 1.561
Resignation of attorney's appointment
under power of attorney
s 53 am
A2007-22 amdt 1.46; A2008-36 amdt 1.562
Enduring power of attorney sometimes revoked
by marriage or civil
partnership
s 58 hdg sub A2008-14
amdt 1.73
s 58 am A2008-14 amdt
1.74
Enduring power of attorney sometimes revoked
by end of marriage or civil
partnership
s 59 hdg sub A2008-14
amdt 1.75
s 59 am A2008-14 amdt
1.76
Definitions—ch
6
s 70 def
invalidity sub A2008-36 amdt 1.563
Protection if court or ACAT orders
etc
s 71 sub A2008-36 amdt
1.564
Proceedings and
rights
ch 7 hdg sub A2008-36 amdt
1.565
Guardianship
tribunal
pt 7.2 hdg om A2008-36
amdt 1.566
Guardianship tribunal directions etc for
enduring powers of attorney
s
75 om A2008-36 amdt 1.566
Reference of power of attorney matters to
Supreme Court
s 76 om A2008-36
amdt 1.566
Giving accounts to public
advocate—enduring powers of
attorney
s 77 om A2008-36 amdt
1.566
Declaration about decision-making
capacity
s 78 om A2008-36 amdt
1.566
Removing
attorneys
s 79 om A2008-36 amdt
1.566
Assistance by public
trustee
s 83 hdg sub A2007-22
amdt 1.47
s 83 am A2007-22 amdt 1.48;
A2008-36 amdt 1.567
Assistance by public
trustee
s 84 am A2008-36 amdt
1.568
Application of Act to powers of
attorney
s 92 sub A2008-7 amdt
1.67
Powers of attorney forms under Powers of
Attorney Act 1956
s 93 sub
A2008-7 amdt 1.67
Powers of attorney to consent to body part
donations etc under Powers of Attorney Act
1956
s 94 ins A2008-7 amdt
1.67
Powers of attorney made under Medical
Treatment Act 1994
s 95 ins
A2008-7 amdt 1.67
Approved
forms
s 96 ins A2008-7 amdt
1.67
Regulation-making
power
s 97 ins A2008-7 amdt
1.67
Transitional
provisions
ch 20 hdg exp 30 May
2009 (s 157)
Definitions—ch
20
s 150 exp 30 May 2009 (s
157)
Repeal of Powers of Attorney Act
1956
s 151 om LA s 89
(3)
Transitional—application of
Act
s 152 om A2008-7 amdt
1.68
Transitional––powers of attorney
forms under previous Act, sch 1
s
152A ins as mod SL2007-11 s 3
mod
lapsed on rep of SL2007-11 (7 May 2008)
Transitional—powers of attorney to
consent to body part donations etc under previous
Act
s 152B ins as mod SL2007-11 s
4 (as ins by SL2007-12 s 4)
mod
lapsed on rep of SL2007-11 (7 May 2008)
Meaning of health care
matter
s 152C ins as mod
SL2007-11 s 4 (as ins by SL2007-12 s
4)
mod om SL2007-11 s 4 (as am by
A2007-22 amdt 1.50)
Transitional—powers of attorney under
previous Act, s 6 and s 7
s
153 exp 30 May 2009 (s 157 (LA s 88 declaration applies))
Transitional—powers of attorney made
under Medical Treatment
Act 1994
s 154 om A2008-7
amdt 1.69
Legislation amended—sch
2
s 155 om LA s 89
(3)
Transitional
regulations
s 156 exp 30 May 2009
(s 157)
Meaning of health care
matter
s 156A ins as mod
SL2007-8 amdt 1.1
mod om SL2007-8
amdt 1.1 (as am by SL2007-12 s 5)
Authorisation of
attorneys
s 156B ins as mod
SL2007-8 amdt 1.1
mod lapsed on rep
of SL2007-8 (6 September 2007)
Authorisation of
attorneys
s 156C ins as mod
SL2007-8 amdt 1.1
mod lapsed on rep
of SL2007-8 (6 September 2007)
Authorisation of attorneys by name or
position
s 156D ins as mod
SL2007-8 amdt 1.1
mod lapsed on rep
of SL2007-8 (6 September 2007)
Who can be a
witness?
s 156E ins as mod
SL2007-8 amdt 1.1
mod lapsed on rep
of SL2007-8 (6 September 2007)
Certificates by witnesses to powers of
attorney
s 156F ins as mod
SL2007-8 amdt 1.1
mod lapsed on rep
of SL2007-8 (6 September 2007)
Appointment of 2 or more
attorneys
s 156G ins as mod
SL2007-8 amdt 1.1
mod lapsed on rep
of SL2007-8 (6 September 2007)
Appointment of 2 or more attorneys under
power of attorney
s 156H ins as
mod SL2007-8 amdt 1.1
mod lapsed on
rep of SL2007-8 (6 September 2007)
How does enduring power of attorney operate
while principal has capacity?
s
156I ins as mod SL2007-8 amdt
1.1
mod lapsed on rep of SL2007-8 (6
September 2007)
Obligation of attorneys to keep interested
people informed
s 156J ins as mod
SL2007-8 amdt 1.1
mod lapsed on rep
of SL2007-8 (6 September 2007)
Resignation of attorney's
authorisation under power of
attorney
s 156K ins as mod
SL2007-8 amdt 1.1
mod lapsed on rep
of SL2007-8 (6 September 2007)
Public trustee to assist if
asked
s 156L ins as mod SL2007-8
amdt 1.1
mod lapsed on rep of
SL2007-8 (6 September 2007)
Public trustee to assist if
asked
s 156M ins as mod SL2007-8
amdt 1.1
mod lapsed on rep of
SL2007-8 (6 September 2007)
Expiry—ch
20
s 157 exp 30 May 2009 (s
157)
Consequential
amendments
sch 2 om LA s 89
(3)
Dictionary
dict am
A2008-14 amdt 1.77; A2008-36 amdt
1.569
def interested
person sub A2008-36 amdt 1.570
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
30 May
2007– |
SL2007-12 |
new Act, amendments by A2007-3 and modifications by SL2007-8 and SL2007-11 as amended by SL2007-12 |
|
R2 |
6 Sept
2007– |
A2007-22 |
amendments by A2007-22 |
|
R3 |
7 May
2008– |
A2008-7 |
amendments by A2008-7 |
|
R4 |
19 May
2008- |
A2008-14 |
amendments by A2008-14 |
|
R5 |
2 Feb
2009– |
A2008-36 |
amendments by A2008-36 |
© Australian Capital Territory 2009