GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 3 Definitions
GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 3
DefinitionsIn this Act:
"advance personal plan", see section 8 of the Advance Personal Planning Act .
"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 .
"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 .
"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 2016_17362.html#_Ref277336700">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 .
"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 .
"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 contains definitions and other provisions that may be relevant to this Act.