New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 3

3 Definitions

(1) In this Act:
"ADT" means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 .
"authorised officer", in relation to any provision of this Act, means:

(a) an officer who is declared to be an authorised officer for the purposes of that provision, or

(b) an officer who belongs to a class of officers who are declared to be authorised officers for the purposes of that provision,

by an order in force under subsection (3).
"child" means a person who is under the age of 18 years.
"community member" means a member of the Tribunal in the member category referred to in section 49 (3) (c).
"Department" means the Department of Ageing, Disability and Home Care.
"Director-General" means the Director-General of the Department.
"enduring guardian" means a person appointed as an enduring guardian under Part 2.
"estate" of a person means the property and affairs of the person.
"exempt premises" means:

(a) the premises of:

(i) a government school or non-government school within the meaning of the Education Act 1990 ,

(ii) a private health facility licensed under the Private Health Facilities Act 2007 or a nursing home within the meaning of the Public Health Act 1991 ,

(iii) a mental health facility within the meaning of the Mental Health Act 2007 ,

(iv) a statutory health corporation or affiliated health organisation under the Health Services Act 1997 , or

(v) a public hospital or health service under the control of a local health district constituted under the Health Services Act 1997 ,

(b) any premises belonging to a class of premises prescribed by the regulations, or

(c) in relation to any provision of this Act, any premises declared to be exempt premises for the purposes of that provision by an order in force under subsection (4).

"guardian" means a person who is, whether under this Act or any other Act or law, a guardian of the person of some other person (other than a child who is under the age of 16 years), and includes an enduring guardian.
"guardianship order" means an order referred to in section 14.
"legal member" means a member of the Tribunal in the member category referred to in section 49 (3) (a).
"member category" means a category of member of the Tribunal provided for by section 49 (3).
"NSW Trustee" means the NSW Trustee and Guardian constituted under the NSW Trustee and Guardian Act 2009 .
"officer" means a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Tribunal to exercise its functions.
"person in need of a guardian" means a person who, because of a disability, is totally or partially incapable of managing his or her person.
"person under guardianship" means a person who has a guardian within the meaning of this Act.
"premises" includes any land, building, vehicle or vessel.
"professional member" means a member of the Tribunal in the member category referred to in section 49 (3) (b).
"proprietor", in relation to premises, means:

(a) if the premises are not leased-the owner, or (if there is more than one owner) any of the owners, of the premises, or

(b) if the premises are leased-the lessee, or (if there is more than one lessee) any of the lessees, who is entitled to immediate possession of the premises.

"Public Guardian" means the Public Guardian referred to in section 77.
"Registrar" means the Registrar of the Tribunal.
"spouse" means:

(a) a husband or wife, or

(b) a de facto partner,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.

Note: “De facto partner” is defined in section 21C of the Interpretation Act 1987 .

"Tribunal" means the Guardianship Tribunal constituted by this Act.

(2) In this Act, a reference to a person who has a disability is a reference to a person:

(a) who is intellectually, physically, psychologically or sensorily disabled,

(b) who is of advanced age,

(c) who is a mentally ill person within the meaning of the Mental Health Act 2007 , or

(d) who is otherwise disabled,

and who, by virtue of that fact, is restricted in one or more major life activities to such an extent that he or she requires supervision or social habilitation.

(3) For the purposes of the definition of "authorised officer" in subsection (1), the Minister may, by order published in the Gazette:

(a) declare any officer to be an authorised officer, or

(b) declare any class of officers to be authorised officers,

for the purposes of any provision of this Act.

(4) For the purposes of paragraph (c) of the definition of "exempt premises" in subsection (1), the Minister may, by order published in the Gazette, declare any premises to be exempt premises for the purposes of any provision of this Act.

(6) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.