New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 33A

33A Person responsible

(1) Object The object of this section is to specify the person who is the "person responsible" for another person for the purposes of this Part.

(2) Person responsible for child The "person responsible" for a child is the person having parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ) for the child. However, the person responsible is the Minister if the child is in the care of the Minister or the Director-General if the child is in the care of the Director-General.

(3) Person responsible for person in care of Director-General The "person responsible" for a person in the care of the Director-General under section 13 is the Director-General.

(4) Person responsible for another person There is a hierarchy of persons from whom the "person responsible" for a person other than a child or a person in the care of the Director-General under section 13 is to be ascertained. That hierarchy is, in descending order:

(a) the person’s guardian, if any, but only if the order or instrument appointing the guardian provides for the guardian to exercise the function of giving consent to the carrying out of medical or dental treatment on the person,

(b) the spouse of the person, if any, if:

(i) the relationship between the person and the spouse is close and continuing, and

(ii) the spouse is not a person under guardianship,

(c) a person who has the care of the person,

(d) a close friend or relative of the person.

Note: Circumstances in which a person is to be regarded as "having the care of another person" are set out in section 3D. The meaning of "close friend or relative" is given in section 3E.

(5) Operation of hierarchy If:

(a) a person who is, in accordance with the hierarchy referred to in subsection (4), the "person responsible" for a particular person declines in writing to exercise the functions under this Part of a person responsible, or

(b) a medical practitioner or other person qualified to give an expert opinion on the first person’s condition certifies in writing that the person is not capable of carrying out those functions,

the person next in the hierarchy is the "person responsible" for the particular person.