GUARDIANSHIP AND ADMINISTRATION ACT 1995

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Meaning of "person responsible"
• 5 Objects of Act
• 6 Principles to be observed

PART 2 -

• 7 Section 7
• 7A Section 7A
• 8 Section 8
• 8A Section 8A
• 9 Section 9
• 10 Section 10
• 11 Section 11
• 12 Section 12
• 13 Section 13

PART 3 - The Public Guardian

• 14 Public Guardian and Deputy Public Guardian
• 15 Functions and powers of Public Guardian
• 16 Staff of Public Guardian
• 17 Investigations
• 18 Delegation

PART 4 - Guardianship Orders Division 1 - Application for

• 19 Application for guardianship order

Division 2 - Appointment of guardian

• 20 Guardianship order
• 21 Persons eligible as guardians
• 22 Alternative guardians
• 23 Orders to be forwarded to Public Guardian
• 24 Expiration of guardianship orders

Division 3 - Powers and duties of guardian

• 25 Authority of full guardian
• 26 Authority of limited guardian
• 27 Exercise of authority by guardian
• 28 Power to enforce guardianship order
• 29 Urgent powers in case of unlawful detention of persons with a
disability
• 30 Removal of persons to place of safety
• 31 Application by guardian to Board for advice or direction

PART 5 - Appointment of enduring guardian

• 32 Appointment of enduring guardian
• 32A Alternative enduring guardian
• 32B Right of enduring guardian to information
• 32C Transactions that may involve conflict of duty
• 32D Keeping of records, &c.
• 33 Revocation of appointment by appointor
• 34 Revocation or amendment of appointment by Tribunal
• 35 Advice or directions as to instruments of appointment

PART 5A - Advance care directives Division 1 - Objects and

• 35A Objects of Part
• 35B Principles to be taken into account

Division 2 - Preliminary

• 35C Interpretation of Part
• 35D Decision making ability
• 35E Meaning of health care
• 35F Meaning of medical research procedure

Division 3 - Advance care directives

• 35G Giving an advance care directive
• 35H Formal requirements for advance care directives
• 35I Witnessing of advance care directive
• 35J Formal requirements for advance care directive in language other than
English
• 35K Advance care directives that do not meet requirements
• 35L Provisions that are void or of no effect in advance care directives

Division 4 - Operation of advance care directives

• 35M Binding and non-binding provisions
• 35N When advance care directives are in force
• 35O Requirement to make reasonable inquiries as to advance care directive
• 35P No variation of advance care directive

Division 5 - Consent to health care when advance care directive in

• 35Q Consent given or refused in advance care directive
• 35R Consent given or refused by authorised decision maker for person who
has given an advance care directive
• 35S Authorised decision maker to make decisions to give effect to
advance care directive
• 35T Health practitioners to give effect to advance care directives
• 35U Circumstances where health practitioners may not comply with advance
care directive
• 35V Urgent health care
• 35W Conscientious objection

Division 6 - Registration of advance care directives

• 35X Registration of advance care directives

Division 7 - Revocation of advance care directives

• 35Y Revoking advance care directive where person has decision making
ability
• 35Z Revoking or varying an advance care directive where person has
impaired decision making ability

Division 8 - Validity and limitation of liability

• 35ZA Presumption of validity
• 35ZB Protection from liability
• 35ZC Preservation of liability
• 35ZD Validity of acts and decisions under revoked or varied advance care
directive
• 35ZE Advance care directive to take precedence

Division 9 - Dispute resolution, review and appeals

• 35ZF Interpretation of Division
• 35ZG Application of Division
• 35ZH Functions and powers of Public Guardian and Tribunal
• 35ZI Resolution of matters by Public Guardian
• 35ZJ Public Guardian may refer matter to Tribunal
• 35ZK Resolution of matters by Tribunal

Division 10 - Miscellaneous

• 35ZL Common law advance care directives not affected
• 35ZM Other legal rights not affected
• 35ZN Advance care directives from other jurisdictions
• 35ZO Advance care directive does not authorise appointment of power of
attorney or enduring guardian
• 35ZP Review of Part

PART 6 - Consent to Medical and Dental Treatment Division 1 -

• 36 Application of Part 6
• 37 Part 6 to prevail over Criminal Code

Division 2 - Medical and dental treatment

• 38 Unlawful medical or dental treatment
• 39 Persons authorized to consent to medical or dental treatment
• 40 Urgent medical or dental treatment
• 41 Medical or dental treatment without consent
• 42 Unlawful consent to medical or dental treatment
• 43 Consent by persons responsible
• 44 Applications for consent of Tribunal
• 45 Consent of Tribunal
• 46 Consent to continuing or further special treatment by guardian with
authority of Tribunal

Division 2A - Power to make guardianship order or administration

• 46A Power to make guardianship order or administration order

Division 3 - General

• 47 Effect of consent
• 48 Preservation of liability
• 48A Saving for rights under other laws

PART 7 - Administration Orders Division 1 - Objects of Part 7

• 49 Objects of Part 7

Division 2 - Administration orders

• 50 Application for administration order
• 51 Administration orders
• 52 Expiration of administration orders
• 53 Administration order may not be made if enduring power of attorney
is in force
• 54 Persons eligible as administrators
• 55 Remuneration of professional administrators

Division 4 - Powers and duties of administrator

• 56 Powers and duties of administrator
• 57 Exercise of power by administrator
• 58 Settlements and gifts
• 59 Powers of investment
• 60 Preservation of interests in represented person's property
• 61 Application by administrator for advice, &c.
• 62 Power of administrator to act until notice of discharge
• 63 Reporting requirements for administrators
• 64 Delegation of Tribunal's functions as to reporting

PART 8 - Emergency Orders

• 65 Emergency orders

PART 9 - Annual Reports and Review of Orders

• 66 Annual reports in respect of represented persons
• 67 Review of orders
• 68 Order after review

PART 10 - Miscellaneous and Supplemental Division 1 -

• 69 Section 69
• 69A Section 69A
• 70 Section 70
• 71 Section 71
• 72 Section 72
• 73 Section 73
• 73A Section 73A
• 74 Section 74
• 74A Section 74A

Division 2 -

• 75 Section 75
• 76 Section 76

Division 3 - Powers of courts

• 77 Powers of courts

Division 4 - Legal provisions

• 78 Protection from liability
• 79 Evidentiary
• 80 Section 80
• 81 Recognition of orders made in other States, &c.
• 81A Instruments made under corresponding laws

Division 5 - Accounts and reports

• 82 Accounts and records of Public Guardian
• 83 Section 83
• 84 Annual report of Public Guardian
• 85 Protection relating to reports and information of Public Guardian

Division 6 - Offences and supplemental

• 86 Confidentiality of information
• 87 Section 87
• 88 Power to open wills
• 89 Duty to keep register
• 90 Regulations
• 90A Savings and transitional provisions
• 90B Transitional provisions consequent on Guardianship and Administration
Amendment Act 2013
• 90C Validation
• 91 Administration of Act
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4

[ Note: This table has been automatically generated and may be incomplete. ]