Queensland Consolidated Acts

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Guardianship and Administration Act 2000 - SCHEDULE 4

-- Dictionary (section 3)
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.
administrator means an administrator appointed under this Act.
adult, for chapter 7 provisions applied under section 80E, means a child with an impairment.
adult evidence order see section 106.
adult with an intellectual or cognitive disability, for chapter 5B, see section 80U.
advance health directive means an advance health directive under the Powers of Attorney Act 1998.
alternative forms of health care, for chapter 5A, see section 80A.
approved clinical research see schedule 2, section 13.
approved form means a form approved under section 251.
assessment, for chapter 5B, see section 80U.
Australian lawyer has the meaning given by the Legal Profession Act 2007.
authorised investment means—
(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.
authorised psychiatrist, for chapter 5B, see section 80U.
capacity, for a person for a matter, means the person is capable of—
(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.
chapter 5A application, for chapter 5A, see section 80A.
chemical restraint, for chapter 5B, see section 80U.
chemical restraint (fixed dose), for chapter 5B, see section 80U.
chief executive (disability services) means the chief executive of the department in which the Disability Services Act 2006 is administered.
chief psychiatrist see the Mental Health Act 2016, schedule 3.
child representative, for chapter 5A, see section 80L.
clinical research see schedule 2, section 13(1).
close friend, of a person, means another person who has a close personal relationship with the first person and a personal interest in the first person's welfare.
closure order see section 107.
community access services, for chapter 5B, see section 80U.
community visitor means a community visitor appointed under section 231.
complaint, for chapter 10, see section 222.
confidential information—
(a) for chapter 9, part 1, see section 207A; or
(b) for chapter 11, part 4, see section 246.
confidentiality order see section 109.
conflict transaction see section 37(2).
consultant, for chapter 11, part 4, see section 246.
consumer, for chapter 10, see section 222.
contain, for chapter 5B, see section 80U.
containment or seclusion approval, for chapter 5B, see section 80U.
court means the Supreme Court.
criminal history, of a person, means—
(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.
dependant, of an adult, means a person who is completely or mainly dependent on the adult.
deputy president means a deputy president of the tribunal.
director of forensic disability see section 80U.
disability services, for chapter 5B, see section 80U.
document, for chapter 7, part 1, see section 99.
DSA, for chapter 5B, see section 80U.
electroconvulsive therapy see schedule 2, section 14.
enduring document means an enduring power of attorney or an advance health directive.
enduring power of attorney means an enduring power of attorney under the Powers of Attorney Act 1998.
ethics committee means—
(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.
financial management plan means—
(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.
financial matter see schedule 2, section 1.
forensic disability client see section 80U.
forensic disability service see section 80U.
forensic examination of an adult means a medical or dental procedure for the adult that is carried out for forensic purposes, other than because the adult is suspected of having committed a criminal offence.
* 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).
general principles see schedule 1, part 1.
good medical practice see schedule 2, section 5B.
guardian means a guardian appointed under this Act.
guardianship proceeding—
(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.
harm, for chapter 5B, see section 80U.
health care—
(a) for chapter 5A, see section 80A; or
(b) otherwise, see schedule 2, section 5.
health care primarily to treat organic malfunction or disease see schedule 2, section 11.
health care principle see schedule 1, section 12.
health information, for chapter 7, part 1, see section 99.
health matter see schedule 2, section 4.
health provider means a person who provides health care, or special health care, in the practice of a profession or the ordinary course of business.
* Example—
* dentist
impaired capacity, for a person for a matter, means the person does not have capacity for the matter.
impairment, for chapter 5A, see section 80A.
informal decision-maker, for chapter 5B, see section 80U.
information, for chapter 9, part 1, see section 207A.
insolvent includes external administration, for example, liquidation, receivership or compromise entered into with creditors, under the Corporations Act or a similar law of a foreign jurisdiction.
interested person, for a person, means a person who has a sufficient and continuing interest in the other person.
least restrictive, for chapter 5B, see section 80U.
legal matter see schedule 2, section 18.
legal member means a legally qualified member of the tribunal under the QCAT Act.
life-sustaining measure see schedule 2, section 5A.
limitation order see section 100.
matter includes a type of matter.
member, of the tribunal, means a member of the tribunal under the QCAT Act.
non-ablative neurosurgical procedure see schedule 2, section 15A.
non-publication order see section 108.
normal hours, for chapter 10, see section 222.
object, by an adult, to health care means—
(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.
ordinary member, of the tribunal, means an ordinary member of the tribunal under the QCAT Act.
paid carer, for an adult, means someone who—
(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.
personal matter see schedule 2, section 2.
positive behaviour support plan, for chapter 5B, see section 80U.
power, for a matter, means power to make all decisions about the matter and otherwise exercise the power.
power of attorney means—
(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.
prescribed special health care see schedule 2, section 17.
president means the president of the tribunal.
presiding member, for a proceeding, means the member presiding at the proceeding as provided for under the QCAT Act.
primary carer, for a person, means a person who is primarily responsible for providing support or care to the other person.
private dwelling house, for chapter 10, see section 222.
psychosurgery see schedule 2, section 15.
public advocate means the public advocate appointed under section 213.
public guardian means the public guardian under the Public Guardian Act 2014.
public guardian's delegate for an investigation, for chapter 11, part 4, see section 246.
real estate transaction means a transaction involving the sale or purchase of real property.
reasonably considers means considers on grounds that are reasonable in the circumstances.
recognised provision, for chapter 7, part 9, see section 166.
record of proceedings includes—
(a) a written transcript of the proceedings; and
(b) the documents in the court file for the proceedings.
registrable order, for chapter 7, part 9, see section 166.
registrar or registrar of the tribunal means the principal registrar of the tribunal under the QCAT Act.
relevant person, for chapter 11, part 4, see section 246.
relevant service provider, for chapter 5B, see section 80U.
relevant tribunal person, for chapter 11, part 4, see section 246.
removal of tissue for donation see schedule 2, section 8(1).
repealed Act, for chapter 12, part 3, see section 258.
repealed chapter, for chapter 12, part 1, see section 253.
respite/community access plan, for chapter 5B, see section 80U.
respite services, for chapter 5B, see section 80U.
restrictive practice, for chapter 5B, see section 80U.
restrictive practice (general) matter, for chapter 5B, see section 80U.
restrictive practice matter, for chapter 5B, see section 80U.
restrictive practice (respite) matter, for chapter 5B, see section 80U.
seclude, for chapter 5B, see section 80U.
senior member, of the tribunal, means a senior member of the tribunal under the QCAT Act.
senior practitioner, for chapter 5B, see section 80U.
significant health detriment, for chapter 7, part 1, see section 99.
special health care see schedule 2, section 7.
special health matter see schedule 2, section 6.
special medical research or experimental health care see schedule 2, section 12.
special personal matter see schedule 2, section 3.
statutory health attorney see Powers of Attorney Act 1998, section 63.
sterilisation—
(a) for chapter 5A, see section 80B; or
(b) otherwise, see schedule 2, section 9.
support network, for an adult, consists of the following people—
(a) members of the adult's family;
(b) close friends of the adult;
(c) other people the tribunal decides provide support to the adult.
term includes condition, limitation and instruction.
termination see schedule 2, section 10.
tissue see schedule 2, section 8(2).
tribunal means QCAT.
tribunal expert, for chapter 11, part 4, see section 246.
use, for chapter 11, part 4, see section 246.
visitable site, for chapter 10, see section 222.
visitable site document, for chapter 10, see section 222.


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