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GUARDIANSHIP AND ADMINISTRATION ACT 1993

GUARDIANSHIP AND ADMINISTRATION ACT 1993


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Interaction of this Act with other Acts
   5.      Principles to be observed

   PART 2--Administration

           Division 3--The Public Advocate

   18.     The Public Advocate
   19.     Appointment of Public Advocate
   20.     Term of office of Public Advocate etc
   21.     General functions of Public Advocate
   22.     Public Advocate may raise matters with the Minister and the Attorney-General
   23.     Delegation by Public Advocate
   24.     Annual report

   PART 4--Orders for guardianship or administration

           Division 1--Investigations

   28.     Investigations by Public Advocate

           Division 2--Guardianship orders

   29.     Guardianship orders
   30.     Variation or revocation of guardianship order
   31.     Powers of guardian
   31A.    Guardian to give effect to advance care directive
   31B.    Alternative guardian
   32.     Special powers to place and detain etc protected persons
   33.     Applications under this Division
   34.     Reciprocal guardianship arrangements

           Division 3--Administration orders

   35.     Administration orders
   36.     Variation or revocation of administration order
   37.     Applications under this Division
   38.     Copy of order must be forwarded to Public Trustee
   39.     Powers and duties of administrator
   40.     Administrator's access to wills and other records
   41.     Power of administrator to continue to act after death etc of protected person
   42.     Power of administrator to avoid dispositions and contracts of protected person
   43.     Where administration has disturbed entitlements of beneficiaries, the Supreme Court has power to intervene
   44.     Reporting requirements for private administrators
   45.     Reporting by Public Trustee
   46.     Remuneration of professional administrators
   47.     Registration of administration orders
   48.     Reciprocal administration powers with certain states

           Division 4--Provisions applicable to guardians and administrators appointed under this Part

   49.     Withdrawal of applications
   50.     Criteria for determining suitability for appointment
   51.     Consent to appointment
   52.     Joint appointments
   54.     Termination of appointment
   55.     Tribunal must give statement of appeal rights
   56.     Restriction of testamentary capacity of protected person
   57.     Review of Tribunal's orders

   PART 5--Consent to prescribed medical treatment of mentally incapacitated persons

   61.     Prescribed treatment not to be carried out without Tribunal's consent
   63.     Tribunal's consent must be in writing

   PART 6--Reviews and appeals

   64.     Reviews and appeals
   65.     Representation on reviews or appeals

   PART 6A--Special provisions relating to Tribunal

   66.     Tribunal must give notice of proceedings
   67.     Reasons for decisions
   68.     Representation of person who is subject of proceedings
   69.     Tribunal may require reports

   PART 7--Miscellaneous

   74.     Tribunal may give advice, direction or approval
   75.     Administrators and guardians to keep each other informed
   76.     Illtreatment or neglect of person with mental incapacity
   77.     Offences in relation to certain certificates and reports
   78.     Medical practitioner, psychologist or other health professional cannot act under this Act in respect of a relative
   80.     Duty to maintain confidentiality
   81.     Prohibition of publication of reports of proceedings
   82.     Service of notices
   85.     Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: