GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SCHEDULE 4

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SCHEDULE 4

SCHEDULE 4 – Dictionary

"abuse" , for power, includes contravene this Act in relation to the power.


"active party" —

(a) for chapter 5A , see section 80K ; or

(b) for chapter 5B , see section 80U ; or

(c) otherwise, see section 119 .

(a) an investment which, if the investment were of trust funds by a trustee, would be an investment by the trustee exercising a power of investment under the Trusts Act 1973 , part 3 ; or

(b) an investment approved by the tribunal.

(a) understanding the nature and effect of decisions about the matter; and

(b) freely and voluntarily making decisions about the matter; and

(c) communicating the decisions in some way.

Note—

Under section 146 (3) in deciding whether an individual is capable of communicating decisions in some way the tribunal must investigate the use of all reasonable ways of facilitating communication, which may include symbol boards or signing.

(a) for chapter 9 , part 1 , see section 207A ; or

(b) for chapter 11 , part 4 , see section 246 .

(a) the person’s criminal record within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 ; and

(b) despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 , any conviction of the person to which that section applies; and

(c) charges made against the person for an offence committed in Queensland or elsewhere and results of those charges; and

(d) a finding of guilt against the person, or the acceptance of a plea of guilty by the person, by a court.

(a) a Human Research Ethics Committee registered by the Australian Health Ethics Committee established under the National Health and Medical Research Council Act 1992 (Cwlth) ; or

(b) if there is no committee mentioned in paragraph (a) —

(i) an ethics committee established by a public sector hospital within the meaning of the Hospital and Health Boards Act 2011 ; or

(ii) an ethics committee established by a university and concerned, wholly or partly, with medical research; or

(iii) an ethics committee established by the National Health and Medical Research Council.

(a) for an administrator—a document stating how the administrator plans to manage the administration; and

(b) for an attorney who may exercise power for a financial matter—a document stating how the attorney plans to manage exercising the power.

Note—

For procedures in relation to an adult suspected of having committed an indictable offence, see the Police Powers and Responsibilities Act 2000 , chapter 17 (Forensic procedures), part 3 (Forensic procedure orders).

(a) means—

(i) a proceeding under this Act before the tribunal; or

(ii) a hearing, conference or interlocutory matter before the tribunal taken in connection with or incidental to a proceeding before the tribunal; or

(iii) a proceeding in which the court is exercising concurrent jurisdiction with the tribunal; but

(b) does not include a proceeding in which the court is exercising the powers of the tribunal under section 245 .

(a) for chapter 5A , see section 80A ; or

(b) otherwise, see schedule 2 , section 5 .

Example—

dentist

(a) the adult indicates the adult does not wish to have the health care; or

(b) the adult previously indicated, in similar circumstances, the adult did not then wish to have the health care and since then the adult has not indicated otherwise.

Example—

An indication may be given in an enduring power of attorney or advance health directive or in another way, including, for example, orally or by conduct.

(a) performs services for the adult’s care; and

(b) receives remuneration from any source for the services, other than—

(i) a carer payment or other benefit received from the Commonwealth or a State for providing home care for the adult; or

(ii) remuneration attributable to the principle that damages may be awarded by a court for voluntary services performed for the adult’s care.

(a) a general power of attorney made under the Powers of Attorney Act 1998 ; or

(b) an enduring power of attorney; or

(c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.

(a) a written transcript of the proceedings; and

(b) the documents in the court file for the proceedings.

(a) for chapter 5A , see section 80B ; or

(b) otherwise, see schedule 2 , section 9 .

(a) members of the adult’s family;

(b) close friends of the adult;

(c) other people the tribunal decides provide support to the adult.