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GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 3 Definitions

GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 3

Definitions

In 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.