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PUBLIC GUARDIAN ACT 2014 - As at 1 February 2024 - Act 26 of 2014

- As at 1 February 2024 - Act 26 of 2014

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

PART 2 - PURPOSE AND PRINCIPLES OF ACT

  • 5 Purpose
  • 6 Principles for adults with impaired capacity for a matter
  • 7 Principles for relevant children and children staying at visitable sites

PART 3 - RELATIONSHIP WITH OTHER ACTS

CHAPTER 2 - PUBLIC GUARDIAN

  • 9 Establishment
  • 10 Role
  • 11 Functions—general
  • 12 Functions—adult with impaired capacity for a matter
  • 13 Functions—relevant child, etc.
  • 14 Powers
  • 15 Not under Ministerial control

CHAPTER 3 - PROVISIONS RELATING TO ADULTS WITH IMPAIRED CAPACITY

PART 1 - PRELIMINARY

PART 2 - ADVICE AND SUPERVISION

  • 18 Public guardian may give advice and impose supervision

PART 3 - INVESTIGATIONS

  • 19 Investigate complaints
  • 20 Delegate for investigation
  • 21 Records and audit
  • 22 Right to information
  • 23 Information by statutory declaration
  • 24 Protection from liability for giving information
  • 25 Witnesses
  • 26 Power of court if noncompliance with attendance notice
  • 27 Power of court if failure to cooperate under subpoena
  • 28 Self-incrimination not a reasonable excuse
  • 29 Cost of investigations and audits
  • 30 Obstructing investigation or audit
  • 31 Report and information after investigation or audit
  • 32 Prohibited use of report after investigation or audit

PART 4 - PROTECTIVE POWERS

  • 33 Proceedings for protection of property
  • 34 Suspension of attorney’s power
  • 35 Exercise of power during suspension
  • 36 Power to apply for entry and removal warrant
  • 37 Health providers may advise public guardian

PART 5 - POWER TO CONSENT TO FORENSIC EXAMINATION

  • 38 Consent to forensic examination

PART 6 - COMMUNITY VISITOR PROGRAM (ADULT)

Division 1 - Interpretation

Division 2 - Purpose

  • 40 Purpose and allocation of community visitors (adult)

Division 3 - Functions

  • 41 Inquiry and complaint functions
  • 42 Requirement to regularly visit visitable site
  • 43 Requirement to visit visitable site if asked

Division 4 - Powers

  • 44 Power to do all things necessary or convenient
  • 45 Public guardian may authorise access outside normal hours
  • 46 Consumer’s views and wishes
  • 47 Reports by community visitors (adult)
  • 48 Public guardian’s directions about the exercise of powers

Division 5 - Miscellaneous

  • 49 Privacy of correspondence between community visitor (adult) and consumers
  • 49A Requirement for particular registered NDIS providers to give information to public guardian

CHAPTER 4 - PROVISIONS RELATING TO RELEVANT CHILDREN AND CHILDREN STAYING AT VISITABLE SITES

PART 1 - PRELIMINARY

  • 50 Overview of ch 4
  • 51 Definitions for ch 4
  • 52 When is a child a relevant child
  • 53 Who is a parent
  • 54 Child’s views and wishes

PART 2 - COMMUNITY VISITOR PROGRAM (CHILD)

Division 1 - Purpose

  • 55 Purpose and allocation of community visitors (child)

Division 2 - Functions

  • 56 Functions of community visitor (child), etc.
  • 57 Requirement to visit children under care in visitable homes
  • 58 Requirement to regularly visit visitable site
  • 59 Requirement to visit visitable home or communicate if asked
  • 60 Requirement to visit visitable site or communicate if asked

Division 3 - Powers

Subdivision 1 - Visitable homes
  • 61 Power of entry—visitable home
  • 62 Consent to entry—visitable home
  • 63 Application for warrant—visitable home
  • 64 Issue of warrant—visitable home
  • 65 Warrants—procedure before entry to visitable home
  • 66 Powers relating to visitable homes
    • Subdivision 2 - Visitable sites
  • 67 Power of entry—visitable site
  • 68 Public guardian may authorise access to visitable site outside normal hours
    • Subdivision 3 - General
  • 68A Community visitor (child) may ask NDIS agency or NDIS commissioner for particular information
  • 69 Community visitor (child) to respect privacy
  • 70 Reports by community visitors (child)
  • 71 Public guardian’s directions about the exercise of powers

Division 4 - Miscellaneous

  • 72 Privacy of correspondence between community visitor (child) and children
  • 72A Requirement for particular NDIS providers and registered NDIS providers to give information to public guardian

PART 3 - CHILD ADVOCACY OFFICERS

Division 1 - Functions

  • 73 Functions of child advocacy officer

Division 2 - Powers

  • 74 Power of entry
  • 75 Public guardian may authorise access to visitable site outside normal hours
  • 76 Powers in relation to staff members of visitable sites
  • 77 Matters to which ss 74 and 76 are subject
  • 78 Consent to entry
  • 79 Application for warrant
  • 80 Issue of warrant
  • 81 Warrants—procedure before entry
  • 82 Powers relating to places where child is staying
  • 83 Child advocacy officer to respect privacy

PART 4 - INFORMATION EXCHANGE

  • 84 Purpose
  • 85 Application of pt 4—separate representatives
  • 86 Prescribed entities
  • 87 Information requirement made by public guardian
  • 88 Use of information
  • 89 Chief executive (child safety) to advise public guardian when child is subject to particular orders, etc.
  • 90 Making information available to prescribed entities
  • 91 Making information available for Child Protection Act
  • 92 Protection from liability for giving information
  • 93 Interaction with other laws

CHAPTER 5 - ADMINISTRATION

PART 1 - APPOINTMENT OF PUBLIC GUARDIAN AND RELATED PROVISIONS

  • 94 Appointment of public guardian
  • 95 Public guardian employed under this Act
  • 96 Selection
  • 97 Term of office
  • 98 Conditions of appointment
  • 99 Vacancy in office
  • 100 Preservation of rights of public guardian
  • 101 Acting public guardian

PART 2 - OFFICE AND STAFF OF THE PUBLIC GUARDIAN

  • 102 Office
  • 103 Control of the office
  • 104 Staff
  • 105 Consultation and employment of professionals, etc.

PART 3 - EXTERNAL CONTRACTORS

  • 106 Engaging external contractor
  • 107 Acts applying to external contractor
  • 108 Review of external contractor’s performance

PART 4 - COMMUNITY VISITORS AND CHILD ADVOCACY OFFICERS

  • 109 Appointment
  • 110 Eligibility for appointment as community visitor (adult)
  • 111 Eligibility for appointment as community visitor (child)
  • 112 Eligibility for appointment as child advocacy officer
  • 113 Vacancy in office
  • 113A Termination of community visitor
  • 114 Terms of appointment of community visitors
  • 115 Limitation of powers
  • 116 Identity card
  • 117 Failure to return identity card
  • 118 Production or display of identity card

PART 5 - ASSESSING SUITABILITY OF PERSONS TO BE ENGAGED OR CONTINUE IN PARTICULAR EMPLOYMENT

Division 1 - Suitability of persons to be or continue to be engaged as community visitors

  • 119 Application of division
  • 119A Disclosure of criminal history
  • 120 Investigations about suitability
  • 121 Community visitor to disclose change in criminal history
  • 122 Failing to make disclosure or making false, misleading or incomplete disclosure
  • 123 Person to be advised of information obtained from commissioner of the police service
  • 124 Use of information obtained under this part
  • 125 Guidelines for dealing with information obtained under this part

Division 2 - Suitability of persons to be engaged as child advocacy officers

  • 125A Disclosure of criminal history

PART 6 - OTHER PROVISIONS

  • 126 Annual report
  • 127 Not a statutory body for particular Acts

CHAPTER 6 - GENERAL

PART 1 - TRIBUNAL PROVISIONS (CHILD)

  • 128 Meaning of reviewable decision for pt 1
  • 129 References to public guardian
  • 130 Right to appear, etc.
  • 131 Tribunal to advise public guardian of hearing relating to child protection matters
  • 132 Access
  • 133 Public guardian may apply for review of reviewable decisions

PART 2 - EVIDENCE AND LEGAL PROCEEDINGS

  • 134 Proof of status as relevant child
  • 135 Evidentiary provisions
  • 136 Proceeding for offences
  • 137 When proceeding may start

PART 3 - FALSE OR MISLEADING STATEMENTS OR DOCUMENTS

  • 138 False or misleading statements
  • 139 False or misleading documents

PART 4 - CONFIDENTIALITY

  • 140 Confidentiality of information
  • 141 Confidentiality of information given by persons involved in administration of Act to other persons
  • 142 Disclosure of information about investigations
  • 143 Disclosure by public guardian of information for research purposes

PART 5 - MISCELLANEOUS

  • 144 Complaints agency or other government service provider to inform public guardian about actions taken for complaint
  • 145 Protection from liability
  • 146 Delegation
  • 147 Approved forms
  • 148 Regulation-making power

CHAPTER 7 - TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR REPEALED SECTIONS OF THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN ACT 2000

  • 149 Definitions
  • 150 References to repealed sections
  • 151 Repealed s 90 (Requirement to visit visitable site or communicate if asked)
  • 152 Repealed s 91 (Requirement to visit visitable home or communicate if asked)
  • 153 Repealed s 92 (Report after each visit)
  • 154 Repealed s 93 (Functions)
  • 155 Repealed s 97 (Issue of warrant)
  • 156 Repealed s 107 (Appointment)
  • 157 Repealed s 111 (Failure to return identity card)
  • 158 Repealed s 370 (Commissioner may apply for review of reviewable decisions)
  • 159 (Expired)

PART 2 - TRANSITIONAL PROVISIONS FOR THE GUARDIANSHIP AND ADMINISTRATION ACT 2000

  • 160 Definition
  • 161 References to adult guardian
  • 162 References to repealed sections
  • 163 Public guardian is successor in law of adult guardian
  • 164 Repealed s 173 (Adult guardian)
  • 165 Repealed s 177 (Delegation)
  • 166 Repealed s 178 (Consultation and employment of professionals)
  • 167 Repealed s 179 (Advice and supervision)
  • 168 Repealed s 180 (Investigate complaints)
  • 169 Repealed s 181 (Delegate for investigation)
  • 170 Repealed s 182 (Records and audit)
  • 171 Repealed s 183 (Right to information)
  • 172 Repealed s 184 (Information by statutory declaration)
  • 173 Repealed s 185 (Witnesses)
  • 174 Repealed s 186 (Power of court if noncompliance with attendance notice)
  • 175 Repealed s 189 (Cost of investigations and audits)
  • 176 Repealed s 193 (Report after investigation or audit)
  • 177 Repealed s 194 (Proceedings for protection of property)
  • 178 Repealed s 95 (Suspension of attorney’s power)
  • 179 Repealed s 197 (Power to apply for entry and removal warrant)
  • 180 Repealed s 206 (Annual report)
  • 181 Repealed s 224 (Functions)
  • 182 Repealed s 226 (Requirement to visit if asked)
  • 183 Repealed s 228 (Chief executive may authorise access outside normal hours)
  • 184 Repealed s 230 (Reports by community visitors)
  • 185 Repealed s 230A (Investigations about suitability of applicant to be community visitor)
  • 186 Repealed s 231 (Appointment)
  • 187 Repealed s 232 (Duration of appointment)
  • 188 Repealed s 236 (Failure to return identity card)
  • 189 Repealed s 237 (Annual report by chief executive)

PART 3 - TRANSITIONAL PROVISIONS FOR DISABILITY SERVICES AND OTHER LEGISLATION (NDIS) AMENDMENT ACT 2019

  • 190 Definitions for part
  • 191 Inquiries in relation to former visitable sites started before commencement
  • 192 Existing complaints about former visitable sites
  • 193 Existing requests for community visitor (adult) to visit former visitable site
  • 194 Existing authorisations to enter former visitable sites outside normal hours
  • 195 Reports about visits to former visitable sites before commencement
  • 196 Proceedings for particular offences

PART 4 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2023

  • 197 Definition for part
  • 198 Existing suspensions
  • 199 Termination notices given before commencement
  • 200 Particular community visitors go out of office

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