Northern Territory Consolidated Acts

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ADULT GUARDIANSHIP ACT - SECT 9

Guardianship Panels

    (1)     The Minister shall, upon being advised by the Executive Officer that an application for a guardianship order has been lodged with the Registrar of the Local Court, set up a Guardianship Panel to advise, give reports and make recommendations to the Court in respect of the application.

    (2)     Each Guardianship Panel shall consist of:

        (a)     the Executive Officer as Chairman; and

        (b)     two other persons appointed by the Minister, of whom:

            (i)     one shall, in the opinion of the Minister, have skills or expertise in the assessment of persons under an intellectual disability; and

            (ii)     the other is a member of the community in or near to which the proposed represented person lives.

    (3)     Each Guardianship Panel, acting through the Executive Officer, shall, from persons having the appropriate qualifications or expertise or from the members' own knowledge, obtain such information as will enable the panel to provide advice or make recommendations to the Court at the hearing of the application on:

        (a)     the extent of any intellectual disability of the proposed represented person;

        (b)     the nature and extent of any support system which is available to maintain the proposed represented person in the community in which the person lives or which has previously been utilised by or in respect of the person;

        (c)     any matters or issues which are of cultural significance to the proposed represented person or to the community in which the person lives;

        (d)     whether or not a guardian should be appointed in respect of the proposed represented person;

        (e)     if the appointment of a guardian is recommended:

            (i)     the suitability of the proposed guardian for the proposed represented person;

            (ii)     any limitations or conditions which, in the opinion of the panel, should reasonably be incorporated in a guardianship order; and

            (iii)     the implications, effects or results which an adult guardianship order, if made (including and excluding the limitations and conditions which are considered necessary) may be expected to have on the proposed represented person, the family and relatives of the person, and the community in which the person lives.

    (4)     The Guardianship Panel shall make or obtain an estimate of the value of the estate of the proposed represented person.

    (5)     A Guardianship Panel shall complete its functions under subsection (3) in respect of each adult guardianship application within 6 weeks of the matter being referred to it.



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