Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 3

Definitions

3. Definitions



(1) In this Act-

administration order means-

   (a)  an order of the Tribunal appointing a person as an administrator of
        the estate of a person under section 46; or

   (b)  a temporary order of the Tribunal under section 60;

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administrator means the person named as administrator in an administration
order;





appointor means a person who appoints an enduring guardian under Division 5A
of Part 4;



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determination in relation to the Tribunal, includes order, direction, consent,
advice and approval;

disability, in relation to a person, means intellectual impairment, mental
disorder, brain injury, physical disability or dementia;



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domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

emergency treatment means treatment under section 42A;



enduring guardian means a person appointed as an enduring guardian under
Division 5A of Part 4;



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guardian means (except in section 58C(2))-

   (a)  the Public Advocate, person or body named as a plenary guardian or
        limited guardian in a guardianship order; or

   (b)  a person who becomes a guardian under section 35; or

   (c)  a person named as an enduring guardian in an instrument appointing
        such a guardian;

guardianship order means-

   (a)  an order of the Tribunal appointing a person as plenary guardian or
        limited guardian under section 22; or

   (b)  an order of the Tribunal appointing a person as an alternative
        guardian under section 34; or

   (c)  a temporary order of the Tribunal made under section 33; human
        research ethics committee means-

   (a)  a human research ethics committee established in accordance with the
        requirements of the National Statement; or

   (b)  an ethics committee established under the by-laws of a public
        hospital, public health service, denominational hospital or
        multi-purpose service (within the meaning of the
        Health Services Act 1988);

income includes rents and profits;



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medical or dental treatment means-

   (a)  medical treatment (including any medical or surgical procedure,
        operation or examination and any prophylactic, palliative or
        rehabilitative care) normally carried out by, or under, the
        supervision of a registered practitioner; or

   (b)  dental treatment (including any dental procedure, operation or
        examination) normally carried out by or under the supervision of a
        registered practitioner; or

   (c)  any other treatment not referred to in paragraphs (a) and (b) that is
        prescribed by the regulations to be medical or dental treatment for
        the purposes of this Act- but does not include-

   (d)  a special procedure; or

   (da) a medical research procedure; or

   (e)  any non-intrusive examination made for diagnostic purposes (including
        a visual examination of the mouth, throat, nasal cavity, eyes or
        ears); or

   (f)  first-aid treatment; or

   (g)  the administration of a pharmaceutical drug for the purpose and in
        accordance with the dosage level-

   (i)  if the drug is one for which a prescription is required, recommended
        by a registered practitioner; or

   (ii) if the drug is one for which a prescription is not required and which
        is normally self-administered, recommended in the manufacturer's
        instructions or by a registered practitioner; or

   (h)  any other kind of treatment that is prescribed by the regulations not
        to be medical or dental treatment for the purposes of this Act;
        medical research procedure means-

   (a)  a procedure carried out for the purposes of medical research,
        including, as part of a clinical trial, the administration of
        medication or the use of equipment or a device; or

   (b)  a procedure that is prescribed by the regulations to be a medical
        research procedure for the purposes of this Act- but does not include-

   (c)  any non-intrusive examination (including a visual examination of the
        mouth, throat, nasal cavity, eyes or ears or the measuring of a
        person's height, weight or vision); or

   (d)  observing a person's activities; or

   (e)  undertaking a survey; or

   (f)  collecting or using information, including personal information
        (within the meaning of the Information Privacy Act 2000) or health
        information (within the meaning of the Health Records Act 2001); or

   (g)  any other procedure that is prescribed by the regulations not to be a
        medical research procedure for the purposes of this Act;

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National Statement means-

   (a)  the National Statement on Ethical Conduct in Research Involving Humans
        published by the National Health and Medical Research Council in 1999
        as in force from time to time; or

   (b)  any superseding document published by the National Health and Medical
        Research Council that covers the same subject matter;

nearest relative in relation to a person means the spouse or domestic partner
of that person or, where that person does not have a spouse or domestic
partner, the relative of that person first listed in the following paragraphs
who has attained the age of 18 years, the elder or eldest of two or more
relatives described in any paragraph being preferred to either or any of those
relatives regardless of sex-

   (a)  son or daughter;

   (b)  father or mother;

   (c)  brother or sister;

   (d)  grandfather or grandmother;

   (e)  grandson or granddaughter;

   (f)  uncle or aunt;

   (g)  nephew or niece;

person responsible has the meaning given by section 37;



prescribed means prescribed by the regulations;

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primary carer means any person who is primarily responsible for providing
support or care to a person;

principal registrar means principal registrar of the Tribunal;



Public Advocate means the person appointed as the Public Advocate under
Part 3;

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registered practitioner means a-

   (a)  medical practitioner; or

   (b)  dentist- registered under the
        Health Professions Registration Act 2005.



regulations means regulations made under this Act; relevant human research
ethics committee for a medical research procedure means the human research
ethics committee responsible for approving the relevant research project;

relevant research project for a medical research procedure means the research
project for the purposes of which the procedure is, or is to be, carried out;

represented person means any person in respect of whom-

   (a)  a guardianship order is in effect; or

   (b)  an administration order is in effect; or

   (c)  both a guardianship order and an administration order are in effect;

special procedure means-

   (a)  any procedure that is intended, or is reasonably likely, to have the
        effect of rendering permanently infertile the person on whom it is
        carried out; or

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   (c)  termination of pregnancy; or

   (d)  any removal of tissue for the purposes of transplantation to another
        person; or

   (e)  any other medical or dental treatment that is prescribed by the
        regulations to be a special procedure for the purposes of Part 4A;

spouse of a person means a person to whom the person is married;



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State Trustees has the same meaning as in the
State Trustees (State Owned Company) Act 1994;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998; working day means a day
other than a Saturday, a Sunday or a public holiday appointed under the
Public Holidays Act 1993.

(2) A reference in the definition of nearest relative in subsection (1) to a
person's brother or sister-

   (a)  is a reference to a brother or sister whether of the full or half
        blood; and

   (b)  includes a reference to a person who was adopted by one or both of the
        first-mentioned person's parents.



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(4) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.