New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987

- As at 17 July 2009
- Act 257 of 1987

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     (Repealed)
   3B.     Notes
   3C.     Relationship with Mental Health Act 2007
   3D.     Circumstances in which a person “has the care of another person”
   3E.     Meaning of “close friend or relative”
   3F.     Persons who are “parties” to proceedings under this Act
   4.      General principles

   PART 2 - APPOINTMENT OF ENDURING GUARDIANS

   5.      Definitions
   6.      Adult person may appoint guardian
   6A.     When appointment has effect
   6B.     Eligibility for appointment
   6C.     Method of appointment
   6D.     Appointment of 2 or more enduring guardians
   6DA.    Alternative enduring guardians
   6E.     Functions of enduring guardians
   6F.     Ancillary powers of enduring guardian
   6G.     Acts of enduring guardian take effect as acts of appointor
   6H.     Revocation of appointment by appointor
   6HA.    Automatic revocation of appointment by marriage of appointor
   6HB.    Resignation of appointment by appointee
   6I.     Automatic suspension
   6J.     Tribunal’s review of appointment
   6K.     Action on review
   6L.     Supreme Court may review appointment
   6M.     Tribunal may declare appointment has effect
   6MA.    Substitution of enduring guardians by Tribunal
   6N.     Evidence as to appointor’s capacity
   6O.     Recognition of enduring guardians appointed in other States and Territories

   PART 3 - GUARDIANSHIP ORDERS

           Division 1 - Preliminary

   7.      Definitions
   8.      Jurisdiction of the Supreme Court not affected

           Division 2 - Applications for guardianship orders

   9.      Applications
   10.     Service of applications
   11.     Removal of persons pursuant to order of the Tribunal
   12.     Power of search and removal of persons
   13.     Care of persons pending proceedings

           Division 3 - Guardianship orders

   14.     Tribunal may make guardianship orders
   15.     Restrictions on Tribunal’s power to make guardianship orders
   16.     Guardianship orders
   17.     Guardians
   18.     Term of guardianship orders
   19.     Orders to be forwarded to the Public Guardian
   20.     Alternative guardians
   21.     Relationship of guardians to persons under guardianship
   21A.    Power to enforce guardianship orders
   21B.    Ancillary powers of guardian
   21C.    Acts of guardian take effect as acts of person under guardianship
   22.     Termination of Supreme Court orders
   22A.    Death of guardian
   23.     Guardianship orders of no effect in certain circumstances

           Division 4 - Assessment and review of guardianship orders

   24.     Assessment of persons under guardianship
   25.     Review of guardianship orders
   25A.    Requested review not required in certain cases
   25B.    Persons entitled to request review
   25C.    Action on review

   PART 3A - FINANCIAL MANAGEMENT

           Division 1 - Making of financial management orders

   25D.    Definitions
   25E.    Tribunal may make financial management orders
   25F.    When financial management order may be made
   25G.    Grounds for making financial management order
   25H.    Interim financial management orders
   25I.    Application to Tribunal for a financial management order
   25J.    Subsequent applications
   25K.    Tribunal cannot make financial management order in certain circumstances
   25L.    Tribunal may refer proceeding to Supreme Court
   25M.    Tribunal may commit estate of protected person to management

           Division 2 - Review and revocation of financial management orders

   25N.    Review of financial management orders
   25O.    Requested review not required in certain cases
   25P.    Action on review
   25Q.    Disposal of estate
   25R.    Application for revocation or variation of financial management order

           Division 3 - Review of appointment of manager

   25S.    Review of appointment of manager
   25T.    Requested review not required in certain cases
   25U.    Action on review

   PART 4 - DIRECTIONS TO GUARDIANS

   26.     Applications
   27.     Service of applications
   28.     Tribunal may give directions
   29.     Restrictions on Tribunal’s power to give directions
   30.     Limitation of liability
   31.     Jurisdiction of the Supreme Court not affected

   PART 4A - ADOPTION INFORMATION DIRECTIONS

   31A.    Definitions
   31B.    Applications
   31C.    Service of applications
   31D.    Tribunal may give directions
   31E.    Restrictions on Tribunal’s power to give directions
   31F.    Limitation of liability
   31G.    Jurisdiction of the Supreme Court not affected

   PART 5 - MEDICAL AND DENTAL TREATMENT

           Division 1 - Preliminary

   32.     Objects
   33.     Definitions
   33A.    Person responsible
   34.     Application of Part

           Division 2 - Medical and dental treatment

   35.     Offences
   36.     Who may give consent
   37.     When treatment may be carried out without any such consent
           38, 39. (Repealed)

           Division 3 - Consents given otherwise than by the Tribunal

   40.     Consents given by persons responsible for patients
   41.     (Repealed)

           Division 4 - Consents given by the Tribunal

   42.     Applications to the Tribunal
   43.     Service of applications
   44.     Tribunal may give consent
   45.     Restrictions on Tribunal’s power to give consent
   45A.    Consents to continuing or further special treatment by a patient’s guardian with authority of the Tribunal

           Division 4A - Clinical trials

   45AA.   Tribunal may approve clinical trials
   45AB.   Consent for participation in clinical trials in individual cases

           Division 5 - General

   46.     Effect of consent
   46A.    Power of guardian to override patient’s objection to treatment when authorised by the Tribunal
   47.     Preservation of liability
   48.     Clinical records

   PART 5A - RECIPROCAL ARRANGEMENTS

   48A.    Corresponding law
   48B.    Recognition of guardians and managers appointed under corresponding law

   PART 6 - THE GUARDIANSHIP TRIBUNAL

           Division 1 - Constitution of the Tribunal

   49.     Constitution of the Tribunal
   50.     (Repealed)
   51.     Composition of the Tribunal
   51A.    Fewer than 3 Tribunal members may deal with certain matters
   51B.    Presiding member of Tribunal
   52.     Sittings of the Tribunal

           Division 2 - Proceedings before the Tribunal

   53.     Procedure at sittings of Tribunal
   54.     Voting
   55.     Proceedings generally
   56.     Proceedings to be open to the public
   57.     Publication of names
   57A.    Tribunal may join parties
   58.     Right of appearance
   59.     Presentation of cases
   60.     Compulsion of witnesses
   61.     Witnesses to answer questions
   62.     Refusal to attend or to answer questions etc
   63.     Witnesses’ expenses
   64.     Adjournments
   64A.    Withdrawal of applications
   65.     Dismissal of frivolous proceedings etc
   66.     Conciliation to be attempted

           Division 3 - Appeals from decisions of the Tribunal

   67.     Appeals to the Supreme Court
   67A.    Appeals to ADT

           Division 3A - Registrar and other staff of Tribunal

   67B.    Registrar and other staff of Tribunal
   67C.    Functions of the Registrar
   67D.    Decisions of Registrar
   67E.    Review of decisions of the Registrar

           Division 4 - General

   68.     Decisions of Tribunal
   69.     Costs
   70.     Misconduct in proceedings before the Tribunal
   71.     Record of proceedings
   72.     Authentication of documents etc
   73.     Certain proceedings prohibited
   74.     Application of Defamation Act 2005 to proceedings of Tribunal
   75.     Rules
   76.     Reports
   76A.    Annual report

   PART 7 - THE PUBLIC GUARDIAN

   77.     Public Guardian
   78.     Delegation
   79.     Information concerning the functions of the Public Guardian etc
   80.     Reports
   80A.    Review by ADT of guardianship decisions of Public Guardian

   PART 8 - (Repealed)
   None

   PART 9 - MISCELLANEOUS

   97.     (Repealed)
   98.     Service of notices etc
   99.     (Repealed)
   100.    Limitation of personal liability
   101.    Disclosure of information
   102.    Search warrants
   103.    Obstruction
   104.    Person falsely representing to be an officer
   105.    False or misleading statements
   106.    Proceedings for offences
   107.    Procedural matters
   107A.   Evidentiary certificates in relation to persons under guardianship
   108.    Regulations
   109.    Savings and transitional provisions
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3