GUARDIANSHIP OF ADULTS ACT 2016 - SECT 3 Definitions
GUARDIANSHIP OF ADULTS ACT 2016 - SECT 3
DefinitionsIn this Act:
"advance personal plan", see section 8 of the Advance Personal Planning Act 2013 .
"agent", for an adult, means any of the following:
(a) a guardian for the adult;
(b) an APP decision maker for the adult;
(c) if the adult is the donor of an enduring power of attorney – the donee of the power;
(d) any other person who has lawful authority to make decisions for the adult about personal matters or financial matters.
"APP decision maker" means a decision maker as defined in section 3 of the Advance Personal Planning Act 2013 .
"authority", of a guardian, means a power or function of the guardian.
"best interests", of an adult, means the adult's best interests as determined in accordance with section 4(3).
"consent decision", about health care action, means a decision to give or refuse consent for the taking of the health care action.
"corresponding law", for Part 3, see section 53.
"decision-making capacity", see section 5(1).
"enduring power of attorney" means an enduring power as defined in section 5 of the Powers of Attorney Act 1980 .
"exercise", in relation to an authority, means to exercise a power or perform a function, including deciding whether or not to do so.
"financial matter", for an adult, means a matter relating to the adult's property or financial affairs.
Examples for definition financial matter
1 Receipt and payment of money.
2 Banking.
3 Property (including real estate) ownership.
4 Investment and management of assets.
5 Carrying on a trade or business.
6 Insurance for an adult or the adult's property.
7 Legal matters relating to a financial matter, other than as mentioned in section 24(e) .
"guardian "means:
(a) a person appointed as a guardian for an adult under a guardianship order; or
(b) the Public Guardian when the Public Guardian is a guardian for an adult under section 44 or 45.
"guardianship order" means one of the following:
(a) an order made under section 11;
(b) an interim guardianship order made under section 20;
(c) a registered order.
"guardianship principles", see section 4.
"health care" means health care of any kind, including:
(a) anything that is part of a health service, as defined in section 5 of the Health Practitioner Regulation National Law; and
(b) the removal of tissue from a person's body in accordance with Part 2 of the Transplantation and Anatomy Act 1979 .
"health care action", for an adult, means commencing, continuing, withholding or withdrawing health care for the adult.
"health care provider" means a person who provides health care.
"impaired decision-making capacity", see section 5(3).
"interested person", for an adult, means any of the following:
(a) a relative of the adult;
(b) a guardian for the adult;
(c) the Public Guardian;
(d) the Public Trustee;
(e) an agent for the adult;
(f) a person who is primarily responsible for providing support or care to the adult;
(g) any other person who has a genuine and sufficient interest in protecting the adult's best interests.
"interstate order", for Part 3, see section 53.
"personal matter", for an adult, means a matter relating to the adult's personal affairs (including health care) or lifestyle.
Examples for definition personal matter
1 Accommodation.
2 Health care.
3 The provision of care services to the adult.
4 Employment.
5 Education and training.
6 Day-to-day living matters, such as diet and daily activities.
7 Relationships with other people, including decisions about who may or may not visit the adult.
8 Legal matters relating to a personal matter, other than as mentioned in section 24(e).
"proceedings", for Part 5, see section 76.
"Public Guardian" means the Public Guardian mentioned in section 60.
"publication", for Part 5, see section 76.
"reasonably believes", see section 6.
"registered order", for Part 3, see section 53.
"Registrar", see section 3 of the Northern Territory Civil and Administrative Tribunal Act 2014 .
"relative", of an adult, see section 7.
"represented adult "means an adult for whom a guardianship order is in force.
"restricted health care", see section 8.
"Tribunal" means the Civil and Administrative Tribunal.
"Tribunal Act", for Part 5, see section 76.
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.