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GUARDIANSHIP AND ADMINISTRATION ACT 2000 - As at 1 January 2023 - Act 8 of 2000

- As at 1 January 2023 - Act 8 of 2000

Table of Provisions

CHAPTER 1 - PRELIMINARY

CHAPTER 2 - EXPLANATION

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

  • 26 Automatic revocation
  • 27 Withdrawal with tribunal’s leave

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

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

  • 80E Relationship with ch 7
  • 80F Members constituting tribunal
  • 80G. (Repealed)

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

  • 80P Health providers to give information
  • 80Q No less protection than if adult gave consent

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

  • 80ZA When containment or seclusion approval may be reviewed
  • 80ZB Review process

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

  • 80ZQ Who is an active party
  • 80ZR Interim orders

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

  • 146 Declaration about capacity
  • 147 Effect of declaration about capacity to enter contract

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

  • 251 Chief executive may approve forms
  • 252 Regulation-making power

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

  • 263 Directions to former guardian or administrator
  • 264 Interim orders

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

PART 13 - (Expired)

Schedule 1 (Repealed)

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