GUARDIANSHIP AND ADMINISTRATION ACT 2000

Queensland Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 2000

TABLE OF PROVISIONS

Long Title

Contents

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
8. Relationship with Powers of Attorney Act 1998
9. Range of substitute decision makers
10. Types of matter
11. Principles for adults with impaired capacity
11A. Primary focus—adults

CHAPTER 3--APPOINTMENT OF GUARDIANS AND ADMINISTRATORS

Part 1--Making an appointment order

12. Appointment
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 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 health care principle
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
54. Gifts
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. Power to excuse failure
59. Compensation for failure to comply
60. Power to apply to court for compensation for loss of benefit in estate

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
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 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
C
HAPTER 5
A
C
ONSENT 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

80E. Relationship with ch 7
80F. Members constituting tribunal

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 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 must 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 adult guardian for use of particular restrictive practices

80ZG. Application of pt 4
80ZH. When adult guardian may give short term approval for use of containment or seclusion
80ZI. Conditions to which s 80ZH approval is subject
80ZJ. Adult guardian's decision about whether to approve short term plan
80ZK. When adult guardian may give short term approval for use of other restrictive practices
80ZL. Right of adult guardian to information for making decision
80ZM. Requirement for adult 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--GUARDIANSHIP AND ADMINISTRATION TRIBUNAL

Part 1--Establishment, functions and powers

81. Tribunal
82. Functions
83. Powers
84. Jurisdiction
85. Powers of the registrar to perform tribunal's functions and exercise tribunal's powers in prescribed non-contentious matters

Part 2--Administrative provisions

86. Appointment of president and deputy presidents
87. Not under Ministerial control
88. President may delegate to deputy president
89. Training
90. Appointment of other tribunal members
91. Selection
92. Duration of appointment
93. Terms of appointment
94. Leave of absence
95. Acting appointment
96. Registrar and staff
97. Powers of the registrar
98. Annual report

CHAPTER 7--TRIBUNAL PROCEEDINGS

Part 1--General

99A. Definitions for pt 1
99B. Types of limitation order
99. Rule-making power
100. Tribunal's business and approval of forms
101. Members constituting tribunal
102. Presiding member
103. Disqualification from hearing
104. Way procedure to be decided
105. Way question of law to be decided
105A. Court's opinion on question of law
106. Way other question to be decided
107. Informal
108. Procedural fairness and access
109. Open
109A. Basis of consideration for limitation order
109B. Adult evidence order
109C. Closure order
109D. Non-publication order
109E. Confidentiality order
109F. Non-publication or confidentiality order made before hearing
109G. Standing for limitation order
109H. Making and notifying decision for limitation order
109I. Written reasons for limitation order and copy of reasons
110. Procedural directions
111. Use of technology
112. Publication about proceeding that discloses adult's identity
113. Location
114. No filing fee payable

Part 2--Applications

115. Scope of applications
116. How to apply
117. Application for appointment of guardian or administrator
118. Tribunal advises persons concerned of hearing
119. Who is an active party
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. Tribunal may proceed in absence of an active party
133. Tribunal may adjourn proceeding
134. Report by tribunal staff
135. Witnesses
136. Witness fees and expenses
137. Offences by witnesses
138. Advice, directions and recommendations
138AA. Directions to former attorney
138A. Tribunal may dismiss frivolous etc. applications
139. Fabricating evidence
140. False or misleading statements
141. False or misleading documents
142. Influencing participants
143. Contempt of tribunal
143A. Exclusion of disruptive person from tribunal
144. Obstructing tribunal
145. Protection of tribunal members, representatives and witnesses

Part 4A--Dispute resolution

145A. Definition for pt 4A
145B. Purpose of dispute resolution
145C. Referral to dispute resolution
145D. Appointment of mediator
145E. Mediator must disclose conflict of interest
145F. Procedure at dispute resolution
145G. Evidence from dispute resolution inadmissible
145H. Mediator to maintain secrecy
145I. Mediator's report
145J. Settlement of issues at dispute resolution

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. Written reasons for decision
158A. Copy of reasons to be given
159. Proof of orders and decisions

Part 7--Review of registrar's decision

160. Application for review of registrar's decision
161. Review of registrar's decision
162. Effect of review on original decision of registrar

Part 8--Appeal

163. Tribunal may suspend decision pending appeal
164. Appellant
164A. Notice of appeal
165. Appeal costs

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--Other provisions about proceedings

172. Enforcement of orders

CHAPTER 8--ADULT GUARDIAN

Part 1--Establishment, functions and powers

173. Adult guardian
174. Functions
175. Powers
176. Not under Ministerial control
177. Delegation
178. Consultation and employment of professionals
179. Advice and supervision

Part 2--Investigative powers

180. Investigate complaints
181. Delegate for investigation
182. Records and audit
183. Right to information
184. Information by statutory declaration
185. Witnesses
186. Power of court if noncompliance with attendance notice
187. Power of court if failure to cooperate under subpoena
188. Self-incrimination not a reasonable excuse
189. Cost of investigations and audits
190. False or misleading statements
191. False or misleading documents
192. Obstructing investigation or audit
193. Report after investigation or audit
193A. Prohibited use of report after investigation or audit

Part 3--Protective powers

194. Proceedings for protection of property
195. Suspension of attorney's power
196. Exercise of power during suspension
197. Power to apply for entry and removal warrant
198. Health providers may advise adult guardian

Part 3A--Power to consent to forensic examination

198A. Consent to forensic examination

Part 4--Administrative provisions

199. Appointment
200. Selection
201. Duration of appointment
202. Terms of appointment
203. Leave of absence
204. Acting adult guardian
205. Staff
206. Annual report
207. Not a statutory body for particular Acts

CHAPTER 9--PUBLIC ADVOCATE

Part 1--Establishment, functions and powers

208. Public advocate
209. Functions—systemic advocacy
210. Powers
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
218. Acting public advocate
219. Staff
220. Annual report
221. Not a statutory body for particular Acts

CHAPTER 10--COMMUNITY VISITORS

Part 1--Preliminary

222. Definitions for ch 10
223. Purpose and allocation of community visitors

Part 2--Functions and powers

224. Functions
225. Requirement to regularly visit
226. Requirement to visit if asked
227. Powers
228. Chief executive may authorise access outside normal hours
229. Consumer's views and wishes
230. Reports by community visitors

Part 3--Administrative provisions

230A. Investigations about suitability of applicant to be community visitor
230B. Use of information obtained under this part
231. Appointment
232. Duration of appointment
233. Terms of appointment
234. Issue of identity cards
235. Production or display of identity card
236. Failure to return identity card
237. Annual report by chief executive

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 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
248. Protection from liability if honest and not negligent
248A. Protection for person carrying out forensic examination with consent
249. Protected use of confidential information
249A. Prohibited use of confidential information
250. Disclosure of information about investigations

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. Definitions 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. Definitions 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 provision 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
SCHEDULE 1 -- PRINCIPLES

Part 1--General principles
1. Presumption of capacity
2. Same human rights
3. Individual value
4. Valued role as member of society
5. Participation in community life
6. Encouragement of self-reliance
7. Maximum participation, minimal limitations and substituted judgment
8. Maintenance of existing supportive relationships
9. Maintenance of environment and values
10. Appropriate to circumstances
11. Confidentiality

Part 2--Health care principle
12. Health care principle
SCHEDULE 2 -- TYPES OF MATTERS

Part 1--Financial matter
1. Financial matter

Part 2--Personal matter
2. Personal matter
3. Special personal matter
4. Health matter
5. Health care
5A. Life-sustaining measure
5B. Good medical practice
6. Special health matter
7. Special health care
8. Removal of tissue for donation
9. Sterilisation
10. Termination
11. Primary reason for treatment
12. Special medical research or experimental health care
13. Approved clinical research
14. Electroconvulsive therapy
15. Psychosurgery
17. Prescribed special health care

Part 3--Legal matter
18. Legal matter
SCHEDULE 4 -- DICTIONARY
Endnotes

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