GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 3
GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 3
(1) In this Act,
unless the contrary intention appears—
"administration order" means a full or limited administration order under this
Act appointing an administrator of the whole or a part of a person's estate;
"administrator" means a person appointed as an administrator under an
administration order;
"advance care directive" means an advance care directive given under the
Advance Care Directives Act 2013 that is in force;
"decision", of the Tribunal, has the same meaning as in the
South Australian Civil and Administrative Tribunal Act 2013 ;
"dental treatment" means treatment or procedures carried out by a dentist in
the course of dental practice;
"dentist" means a person who is registered as a dental practitioner under the
law of this State;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"guardian" means a person appointed as a guardian under a guardianship order;
"guardianship order" means an order under this Act placing a person under full
or limited guardianship;
"health professional" means a person who is authorised under the law of this
State to practise any of the following professions:
(a)
chiropractic or osteopathy;
(b)
nursing;
(c)
occupational therapy;
(d)
optometry;
(e)
pharmacy;
(f)
physiotherapy;
(g)
podiatry;
(h)
psychology;
"internal review" means a review under section 70 of the
South Australian Civil and Administrative Tribunal Act 2013 ;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"medical treatment" means the provision by a medical practitioner of physical,
surgical or psychological therapy to a person (including the provision of such
therapy for the purposes of preventing disease, restoring or replacing bodily
function in the face of disease or injury or improving comfort and quality of
life) and includes the prescription or supply of drugs;
"mental incapacity" means the inability of a person to look after his or her
own health, safety or welfare or to manage his or her own affairs, as a result
of—
(a) any
damage to, or any illness, disorder, imperfect or delayed development,
impairment or deterioration of, the brain or mind; or
(b) any
physical illness or condition that renders the person unable to communicate
his or her intentions or wishes in any manner whatsoever;
"mentally incapacitated person" means a person with a mental incapacity;
"person responsible" for another person, means—
(a) any
of the following persons if he or she has a close and continuing relationship
with the other person:
(i)
a prescribed relative of the other person;
(ii)
a parent of the other person (including an adoptive
parent and a step-parent);
(iii)
if the other person is under 18 years of
age—an adult who acts in loco parentis in relation to the other person;
(iv)
an adult friend of the other person; or
(b) an
adult who is charged with overseeing the ongoing day-to-day supervision, care
and well-being of the other person;
Example—
The director of nursing in an aged care facility would be such a person.
"person to whom the proceedings relate", in relation to any proceedings before
the Tribunal or a court, means the person who has or is alleged to have a
mental incapacity or mental illness, or the protected person, as the case may
be;
"prescribed relative"—the following persons are prescribed relatives of
a person:
(a) a
person who is legally married to the person;
(b) an
adult domestic partner of the person (within the meaning of the
Family Relationships Act 1975 and whether declared as such under that Act
or not);
(c) an
adult related to the person by blood or marriage;
(d) an
adult related to the person by reason of adoption;
(e) an
adult of Aboriginal or Torres Strait Islander descent who is related to the
person according to Aboriginal kinship rules or Torres Strait Islander kinship
rules (as the case requires);
"prescribed treatment" means—
(a)
termination of pregnancy;
(b)
sterilisation;
(c) any
other medical treatment prescribed by the regulations;
"property" means any legal or equitable interest in real or personal property;
"protected person" means the person the subject of a guardianship or
administration order (or both) under this Act;
"the Public Advocate" means the person holding or acting in the office of
Public Advocate under this Act;
"recognised advocate" means a person who is, by instrument in writing,
recognised by the Tribunal as a person who is qualified to act as an advocate
in proceedings before the Tribunal for the person to whom the
proceedings relate;
"spouse"—a person is the spouse of another if they are legally married;
"sterilisation" means any treatment given to a person that results in, or is
likely to result in, the person being infertile;
"substitute decision-maker", in respect of a person, means a
substitute decision-maker appointed under an advance care directive given by
the person under the Advance Care Directives Act 2013 that is in force;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"trustee company" means a trustee company within the meaning of the
Trustee Companies Act 1988 .
(2) For the purposes
of this Act, a woman who has ceased to menstruate will be regarded as being
infertile.
(3) For the purposes
of this Act, the Tribunal is entitled to presume that a person who purports to
be in a close and continuing relationship with another person is in such a
relationship unless the Tribunal knew, or ought reasonably to have known, that
the 2 persons were not in such a relationship.
(4) For the purposes
of this Act, the Tribunal is entitled to presume that a person who purports to
have a particular relationship to another person (whether the relationship is
based on affinity or consanguinity or otherwise) does have such a relationship
unless the Tribunal knew, or ought reasonably to have known, that the person
did not have such a relationship to the other person.
(5) If a man and woman
are married according to Aboriginal tradition, they will be regarded as
legally married for the purposes of this Act.