GUARDIANSHIP AND ADMINISTRATION ACT 2000 - As at 1 January 2023 - Act 8 of 2000
- As at 1 January 2023 - Act 8 of 2000Table of Provisions
CHAPTER 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 Act binds all persons
CHAPTER 2 - EXPLANATION
- 5 Acknowledgements
- 6 Purpose to achieve balance
- 7 Way purpose achieved
- 7A Relationship with Public Guardian Act 2014
- 8 Relationship with Powers of Attorney Act 1998
- 9 Range of substitute decision-makers
- 10 Types of matter
- 11 Application of presumption of capacity
- 11A Primary focus—adults
CHAPTER 2A - PRINCIPLES
CHAPTER 3 - APPOINTMENT OF GUARDIANS AND ADMINISTRATORS
PART 1 - MAKING AN APPOINTMENT ORDER
- 12 Appointment
- 12A Appointment—missing person
- 12B Relationship with Public Trustee Act 1978
- 13 Advance appointment
- 13A Advance appointment—guardian for restrictive practice matter
- 14 Appointment of 1 or more eligible guardians and administrators
- 15 Appropriateness considerations
- 16 Advice from proposed appointee about appropriateness and competence
- 17 Guardian or administrator to update advice about appropriateness and competence
- 18 Inquiries about appropriateness and competence
- 19 Comply with other tribunal requirement
- 20 Financial management plan
- 21 Advice to registrar of titles if appointment concerns land
PART 2 - RELATIONSHIP BETWEEN APPOINTMENT AND ENDURING DOCUMENT
- 22 Attorney’s power subject to tribunal authorisation
- 23 Appointment without knowledge of enduring document
- 24 Protection if unaware of appointment
- 25 Protection if unaware power already exercised by advance health directive
PART 3 - CHANGING OR REVOKING AN APPOINTMENT ORDER
Division 1 - Revocation by appointee
Division 1A - Provisions about appointment for adult who is missing person
- 27A Obligation to notify tribunal of particular circumstances
- 27B Tribunal must revoke order making appointment
Division 2 - Change or revocation at tribunal review of appointment
- 28 Periodic review of appointment
- 29 Other review of appointment
- 30 Guardian or administrator to update advice about appropriateness and competence
- 31 Appointment review process
- 32 Tribunal to advise of change, revocation or ending of appointment
- 32A Additional requirements if change, revocation or ending of appointment and interest in land involved
Division 3 - Directions
- 32B Directions to former guardian or administrator
CHAPTER 4 - FUNCTIONS AND POWERS OF GUARDIANS AND ADMINISTRATORS
PART 1 - GENERAL FUNCTIONS AND POWERS OF GUARDIAN OR ADMINISTRATOR
- 33 Power of guardian or administrator
- 34 Apply principles
- 35 Act honestly and with reasonable diligence
- 36 Act as required by terms of tribunal order
- 37 Avoid conflict transaction
- 38 Multiple guardians or administrators are joint if not otherwise stated
- 39 Act together with joint guardians or administrators
- 40 Consult with adult’s other appointees or attorneys
- 41 Disagreement about matter other than health matter
- 42 Disagreement about health matter
- 43 Acting contrary to general principles or health care principles
- 44 Right of guardian or administrator to information
- 45 Execution of instrument etc.
- 46 Implied power to execute a deed
- 47 Payment of expenses
- 48 Remuneration of professional administrators
PART 2 - PARTICULAR FUNCTIONS AND POWERS OF ADMINISTRATORS
- 49 Keep records
- 50 Keep property separate
- 51 Power to invest and continue investments 52. (Repealed) 53. (Repealed)
- 54 Gifts and donations
- 55 Maintain adult’s dependants
PART 3 - OTHER PROVISIONS APPLYING TO GUARDIANS AND ADMINISTRATORS
- 56 Protection if unaware of change of appointee’s power
- 57 Advice of change of successive appointee
- 58 Relief from personal liability
- 59 Compensation and accounting for profits for failure to comply
- 60 Power to apply to court for compensation for loss of benefit in estate
- 60A Effect on beneficiary’s interest if property dealt with by administrator
- 60B Administrator not required to keep proceeds and property separate
- 60C Application to court to confirm or vary operation of s 60A
CHAPTER 5 - HEALTH MATTERS AND SPECIAL HEALTH MATTERS
PART 1 - PHILOSOPHY AND PURPOSE
- 61 Purpose to achieve balance for health care
PART 2 - SCHEME FOR HEALTH CARE AND SPECIAL HEALTH CARE
Division 1 - Health care—no consent
- 62 Division’s scope
- 63 Urgent health care
- 63A Life-sustaining measure in an acute emergency
- 64 Minor, uncontroversial health care
Division 2 - Health care and special health care—consent
- 65 Adult with impaired capacity—order of priority in dealing with special health matter
- 66 Adult with impaired capacity—order of priority in dealing with health matter
- 66A When consent to withholding or withdrawal of life-sustaining measure may operate
- 66B Certificate in clinical records if life-sustaining measure withheld or withdrawn
- 67 Effect of adult’s objection to health care
PART 3 - CONSENT TO SPECIAL HEALTH CARE
- 68 Special health care
- 68A Tribunal to consult in making decision about special health care
- 69 Donation of tissue
- 70 Sterilisation
- 71 Termination of pregnancy
- 72 Special medical research or experimental health care
- 73 Prescribed special health care
- 74 Subsequent special health care for adult
PART 3A - CLINICAL RESEARCH
- 74A What is clinical research
- 74B What is approved clinical research
- 74C Approval of clinical research
PART 4 - OTHER PROVISIONS ABOUT HEALTH CARE
- 75 Use of force
- 76 Health providers to give information
- 77 Protection of health provider
- 78 Offence to exercise power for adult if no right to do so
- 79 Offence to carry out health care unless authorised
- 80 No less protection than if adult gave health consent
CHAPTER 5A - CONSENT TO STERILISATION OF CHILD WITH IMPAIRMENT
PART 1 - PRELIMINARY
- 80A Definitions for ch 5A
- 80B Sterilisation
PART 2 - CONSENT BY TRIBUNAL
- 80C When tribunal may consent and effect of consent
- 80D Whether sterilisation is in child’s best interests
PART 3 - TRIBUNAL PROCEEDINGS
Division 1 - General
Division 2 - Applications
- 80H Who may apply
- 80I How to apply
- 80J Tribunal advises persons concerned of hearing
- 80K Who is an active party
- 80L Child representative must be appointed
Division 3 - Proceeding
- 80M Advice, directions and recommendations
Division 4 - (Repealed)
Division 5 - Appeal
- 80O Appellant
PART 4 - OTHER PROVISIONS ABOUT CONSENT TO STERILISATION OF CHILD
CHAPTER 5B - RESTRICTIVE PRACTICES
PART 1 - PRELIMINARY
- 80R Application of ch 5B
- 80S Purpose of ch 5B
- 80T Effect of ch 5B on substitute decision-maker’s ability to make health care decision
- 80U Definitions for ch 5B
PART 2 - CONTAINMENT OR SECLUSION APPROVALS
Division 1 - Giving containment or seclusion approvals
- 80V When tribunal may approve use of containment or seclusion
- 80W Matters tribunal to consider
- 80X When tribunal may approve use of other restrictive practices
Division 2 - Period of containment or seclusion approval
- 80Y Period for which containment or seclusion approval has effect
- 80Z Automatic revocation of containment or seclusion approval
Division 3 - Reviewing a containment or seclusion approval
PART 3 - GUARDIANS FOR A RESTRICTIVE PRACTICE MATTER
- 80ZC Application of pt 3
- 80ZD Appointment
- 80ZE Requirements for giving consent—guardian for restrictive practice (general) matter
- 80ZF Requirements for giving consent—guardian for restrictive practice (respite) matter
PART 4 - SHORT-TERM APPROVAL OF PUBLIC GUARDIAN FOR USE OF PARTICULAR RESTRICTIVE PRACTICES
80ZG. (Repealed)- 80ZH When public guardian may give short-term approval for use of containment or seclusion
- 80ZI When public guardian may give short-term approval for use of containment or seclusion—new relevant service provider 80ZJ. (Repealed)
- 80ZK When public guardian may give short-term approval for use of other restrictive practices
- 80ZL Right of public guardian to information for making decision
- 80ZM Requirement for public guardian to give notice of decision
PART 5 - TRIBUNAL PROCEEDINGS
Division 1 - General
- 80ZN Relationship with ch 7
Division 2 - Applications
- 80ZO Who may apply for a containment or seclusion approval
- 80ZP Who may apply for appointment of guardian for restrictive practice matter
Division 3 - Other matters
PART 6 - MISCELLANEOUS PROVISIONS
- 80ZS Requirements for informal decision-makers—consenting to use of restrictive practices
- 80ZT Informal decision-makers must maintain confidentiality
- 80ZU Review of ch 5B
CHAPTER 6 - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
- 81 Tribunal’s functions for this Act
- 82 Jurisdiction
- 83 Annual report by president 84. (Repealed) 85. (Repealed) 86. (Repealed) 87. (Repealed) 88. (Repealed) 89. (Repealed) 90. (Repealed) 91. (Repealed) 92. (Repealed) 93. (Repealed) 94. (Repealed) 95. (Repealed) 96. (Repealed) 97. (Repealed) 98. (Repealed)
CHAPTER 7 - TRIBUNAL PROCEEDINGS
PART 1 - GENERAL
99A. (Repealed) 99B. (Repealed)- 99 Definitions for pt 1
- 100 Types of limitation order
- 101 Relationship with the QCAT Act
- 102 Members constituting tribunal
- 103 Access
- 104 Basis of consideration for limitation order
- 105 Open 105A. (Repealed)
- 106 Adult evidence order
- 107 Closure order
- 108 Non-publication order
- 109 Confidentiality order 109A. (Repealed) 109B. (Repealed) 109C. (Repealed) 109D. (Repealed) 109E. (Repealed) 109F. (Repealed) 109G. (Repealed) 109H. (Repealed) 109I. (Repealed)
- 110 Non-publication or confidentiality order made before hearing
- 111 Standing for limitation order
- 112 Making and notifying decision for limitation order
- 113 Written reasons for limitation order and copy of reasons
- 114 Procedural directions
- 114A Publication about proceeding that discloses adult’s identity
- 114B No filing fee payable
PART 2 - APPLICATIONS
- 115 Scope of applications 116. (Repealed) 117. (Repealed)
- 118 Tribunal advises persons concerned of hearing
- 119 Who is an active party 120. (Repealed)
- 121 Protection if unaware of invalidity
- 122 Withdrawal by leave
PART 3 - PARTICIPATION
- 123 Right of active party to appear
- 124 Representative may be used with tribunal’s leave
- 125 Representative may be appointed
- 126 Tribunal to decide who are interested persons
- 127 Costs
PART 4 - PROCEEDING
- 128 Tribunal may stay decision pending hearing
- 129 Interim order
- 130 Tribunal to ensure it has all relevant information and material
- 131 Tribunal may proceed without further information 132. (Repealed) 133. (Repealed)
- 134 Report by tribunal staff 135. (Repealed)
- 136 Witness fees and expenses
- 137 Offences by witnesses
- 138 Advice, directions and recommendations
- 138AA Directions to former attorney
- 138A Repeated applications for orders 139. (Repealed) 140. (Repealed) 141. (Repealed) 142. (Repealed) 143. (Repealed) 143A. (Repealed) 144. (Repealed) 145. (Repealed)
PART 4A - (Repealed)
PART 5 - PARTICULAR PROCEEDINGS OR ORDERS
Division 1 - Declaration about capacity
Division 2 - Entry and removal warrant
- 148 Application for entry and removal warrant
- 149 Issue of entry and removal warrant
- 150 Role of occupier if entry and removal warrant
- 151 Reporting requirement after removal of adult
Division 3 - Miscellaneous
- 152 Tribunal authorisation or approval
- 153 Records and audit
- 154 Ratification or approval of exercise of power by informal decision-maker
- 155 Suspension of guardianship order or administration order
PART 6 - DECISION
- 156 Making and notifying decision
- 157 Order postponing giving copy of decision
- 158 Copy of reasons to be given 158A. (Repealed) 159. (Repealed)
PART 7 - (Repealed)
PART 8 - APPEAL
- 163 Appellant
- 164 Filing notice of appeal in particular circumstances 164A. (Repealed) 165. (Repealed)
PART 9 - RECOGNITION OF ORDER MADE UNDER ANOTHER LAW
- 166 Definitions for pt 9
- 167 Regulation prescribing recognised provision
- 168 Application to register
- 169 Registration
- 170 Effect of registration
- 171 Notice of registration and subsequent action to original maker
PART 10 - (Repealed)
CHAPTER 8 - (Repealed)
CHAPTER 9 - PUBLIC ADVOCATE
PART 1 - ESTABLISHMENT, FUNCTIONS AND POWERS
- 207A Definitions for pt 1
- 208 Public advocate
- 209 Functions—systemic advocacy
- 209A Report about systemic matter
- 210 Powers
- 210A Right to information
- 210B Offence to publish confidential information
- 211 Not under Ministerial control
- 212 Delegation
PART 2 - ADMINISTRATIVE PROVISIONS
- 213 Appointment
- 214 Selection
- 215 Duration of appointment
- 216 Terms of appointment
- 217 Leave of absence
- 217A Preservation of rights of public advocate
- 218 Acting public advocate
- 219 Staff
- 220 Annual report
- 221 Not a statutory body for particular Acts
CHAPTER 10 - (Repealed)
CHAPTER 11 - MISCELLANEOUS PROVISIONS
PART 1 - RELATIONSHIP WITH CRIMINAL LAW
- 238 Act does not authorise euthanasia or affect particular provisions of Criminal Code
PART 2 - RELATIONSHIP WITH COURT JURISDICTION
- 239 Litigation guardian process not affected
- 240 Supreme Court’s inherent jurisdiction not affected
- 241 Transfer of proceeding
- 242 Stay of proceeding concerning an enduring document
- 243 Interim appointed decision-maker if Supreme Court proceeding
- 244 Chapter 3 applies for interim appointment
PART 2A - ACCESS TO RECORD OF PROCEEDINGS
- 244A Access to record of proceedings
PART 3 - SETTLEMENTS OR DAMAGES AWARDS
- 245 Settlements or damages awards
PART 4 - PROTECTION FROM LIABILITY AND DEALING WITH INFORMATION
- 246 Definitions for pt 4
- 247 Whistleblowers’ protection
- 247A Reprisal and grounds for reprisal
- 247B Offence of taking reprisal
- 247C Damages for reprisal
- 248 Protection from liability if honest and not negligent
- 248A Protection for person carrying out forensic examination with consent
- 248B Protection from liability for giving information
- 249 Protected use of confidential information
- 249A Prohibited use of confidential information
PART 4A - MISCELLANEOUS
- 250 Guidelines to assist in assessments of capacity
- 250A Delegation of public trustee’s powers under this Act
- 250B Proceedings for indictable offences
- 250C Voluntary assisted dying
PART 5 - FORMS AND REGULATIONS
CHAPTER 12 - TRANSITIONAL PROVISIONS AND REPEAL
PART 1 - TRANSITIONAL PROVISIONS FOR ADULT GUARDIAN
- 253 Definition for pt 1
- 254 Appointment of adult guardian continues
- 255 Particular things continued
PART 2 - TRANSITIONAL PROVISIONS FOR COMMITTEE
- 256 Power to apply to court for compensation for loss of benefit in estate because of committee
- 257 Tribunal’s power if committee
PART 3 - TRANSITIONAL PROVISIONS FOR, AND REPEAL OF, INTELLECTUALLY DISABLED CITIZENS ACT 1985
- 258 Definition for pt 3
- 259 Adult guardian assumes legal friend responsibilities
- 260 Management by public trustee
- 261 Council records to be given to tribunal
- 262 Repeal
PART 4 - TRANSITIONAL PROVISION FOR GUARDIANSHIP AND ADMINISTRATION AND POWERS OF ATTORNEY AMENDMENT ACT 2001
- 262A Protection for health provider
PART 5 - TRANSITIONAL PROVISION FOR DISCRIMINATION LAW AMENDMENT ACT 2002
- 262B Application of amendments made by Discrimination Law Amendment Act 2002
PART 6 - TRANSITIONAL PROVISIONS FOR GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2003
- 262C Application of amended s 29 to reviews of existing appointments
- 262D Effect of contravention of repealed ss 52 and 53
- 262E Person given notice of hearing able to become active party
- 262F Interim orders
PART 7 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2007
PART 8 - TRANSITIONAL PROVISIONS FOR DISABILITY SERVICES AND OTHER LEGISLATION AMENDMENT ACT 2008
- 265 Powers of guardians—use of restrictive practices
- 266 Short term approvals not to be given during transitional period
PART 9 - TRANSITIONAL PROVISION FOR GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2008
- 267 Directions to former attorney
PART 10 - TRANSITIONAL PROVISION FOR FAIR WORK (COMMONWEALTH POWERS) AND OTHER PROVISIONS ACT 2009
- 268 Remuneration of professional administrators
PART 11 - TRANSITIONAL PROVISION FOR STATE PENALTIES ENFORCEMENT AND OTHER LEGISLATION AMENDMENT ACT 2009
- 269 Declaration and validation concerning particular reviews under s 29
PART 12 - TRANSITIONAL AND VALIDATION PROVISIONS FOR GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019
- 270 Definition for part
- 271 Obligation of registrar of titles
- 272 Application of ss 60A–60C
- 273 Validation of delegation
- 274 Existing proceedings