GUARDIANSHIP AND ADMINISTRATION ACT 1990

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 3AA Term used: medical research
 
• 3A Inherent jurisdiction of Supreme Court not affected
 
• 3B Act does not authorise decisions about voluntary assisted dying

PART 2 -- Principles to be observed by State Administrative Tribunal  

• 4 Principles stated

PART 3 -- The State Administrative Tribunal

Division 1 -- Functions and proceedings  

• 13 Jurisdiction of State Administrative Tribunal
 
• 16 Costs
 
• 17 Further provisions as to proceedings

Division 2A -- Review of determination where State Administrative Tribunal comprises one member  

• 17A Review
 
• 17B Executive officer to give notice of review

Division 3 -- Appeals

• 18 Term used: Court
 
• 18A Application of Division
Subdivision 2 -- Appeals by leave from determinations of State Administrative Tribunal generally  
• 19 Right of appeal by leave
 
• 20 Application for leave
 
• 21 Grounds
 
• 22 Grant or refusal of leave
 
• 23 Ancillary orders and directions
 
• 24 Reference of application to Court
 
• 25 Application and appeal may be heard together
Subdivision 3 -- Appeals from decisions relating to consent to performance of abortion  
• 25A Appeal from Tribunal’s decision relating to consent to performance of abortion
 
• 25B Grounds
 
• 25C Status of State Administrative Tribunal’s decision pending disposal of appeal
Subdivision 4 -- General provisions about appeals  
• 26 Notice to other parties
 
• 27 Amendment of grounds of appeal
 
• 28 Status of State Administrative Tribunal’s determination pending disposal of appeal
 
• 29 Nature of appeal, and evidence
 
• 30 Powers of Court
 
• 31 Want of form
 
• 32 Notification of result of appeal to executive officer
 
• 33 Discontinuance of appeal
 
• 34 Dismissal for want of prosecution
 
• 35 Application for reinstatement of appeal
 
• 36 Time may be extended or shortened
 
• 37 Enforcement of order for costs

PART 4 -- Applications for guardianship and administration orders  

• 40 Application
 
• 41 Notice of hearing

PART 5 -- Guardianship

Division 1 -- Appointment of guardian  

• 43 Making of guardianship order
 
• 44 Who may be appointed guardian
 
• 44A Interstate arrangements for guardianship orders

Division 2 -- Functions of guardians  

• 45 Authority of plenary guardian
 
• 46 Authority of limited guardian
 
• 47 Guardian may apply for directions
 
• 48 Guardian may execute documents etc.
 
• 49 Guardian may obtain warrant to enter
 
• 50 Effect of actions etc. of guardian
 
• 51 Guardian to act in best interests of represented person
 
• 53 Guardians to act unanimously
 
• 54 Death of joint guardian
 
• 55 Alternate guardian to take over on death of guardian
 
• 55A Priority of guardianship order

Division 3 -- Limitations on sterilisation of persons under guardianship or where application for guardianship made  

• 56 Terms used
 
• 56A Only Full Tribunal to act under this Division
 
• 57 Prerequisites for sterilisation of persons to whom this Division applies
 
• 58 Restriction on guardian’s consent
 
• 59 Application for consent
 
• 60 Notice of hearing
 
• 63 State Administrative Tribunal may consent if in best interests of represented person

PART 6 -- Estate administration

Division 1 -- Appointment of administrator  

• 64 Making of administration order
 
• 65 Emergency provision
 
• 66 Acts may be authorised without administration order
 
• 67 Non-residents etc.
 
• 68 Who may be appointed administrator

Division 2 -- Functions of administrators  

• 69 Authority of administrator
 
• 70 Administrator to act in best interests of represented person
 
• 71 Authority which may be conferred on administrator
 
• 71A Amendment of order to confer particular function
 
• 72 Further provisions as to authority of administrators
 
• 74 Administrator may apply for directions
 
• 75 Administrators to act unanimously
 
• 76 Administrator may employ agents
 
• 77 Represented person incapable of dealing with estate
 
• 78 Cessation of authority of administrator
 
• 79 Represented person bound by acts of administrator
 
• 80 Accounts
 
• 81 Enforcement of security
 
• 82 Transactions may be set aside
 
• 83 Saving for certain rules of court

Division 3 -- Interjurisdictional arrangements in relation to administration powers  

• 83A Reciprocating States
 
• 83B Foreign administrator may authorise Public Trustee to administer property in this State
 
• 83C Administrator may authorise relevant official to administer property in reciprocating State
 
• 83D Interstate arrangements for recognition of administration orders

PART 7 -- Review of orders  

• 84 State Administrative Tribunal to review orders periodically
 
• 85 Circumstances in which review mandatory
 
• 86 Review on application
 
• 87 Leave to apply for review
 
• 88 Application for review
 
• 89 Notice of review
 
• 90 Powers of State Administrative Tribunal on review

PART 8 -- The Public Advocate  

• 91 Public Advocate
 
• 92 Resignation, removal etc.
 
• 93 Acting Public Advocate
 
• 94 Staff
 
• 95 Powers of delegation
 
• 96 Existing rights etc.
 
• 97 Functions of Public Advocate
 
• 98 Notification to Public Advocate as to mentally impaired accused
 
• 99 Public Advocate to act on death of guardian or administrator
 
• 100 Judicial notice
 
• 101 Annual report of Public Advocate
 
• 101A Public Advocate may raise matters with Minister

PART 9 -- Enduring powers of attorney  

• 102 Terms used
 
• 103 Other Acts
 
• 104 Execution of enduring power of attorney
 
• 104A Recognition of powers of attorney created in other jurisdictions
 
• 104B Substitute donees
 
• 104C Eligibility for appointment as donee or substitute donee
 
• 105 Enduring power of attorney survives incapacity
 
• 106 Donee may apply for declaration of legal incapacity
 
• 107 Obligations of donee
 
• 108 Appointment of administrator
 
• 109 On application State Administrative Tribunal may intervene
 
• 110 Notice of application

PART 9A -- Enduring powers of guardianship

Division 1 -- Preliminary matters  

• 110A Term used: appointor

Division 2 -- Making of enduring power of guardianship  

• 110B Appointing enduring guardian
 
• 110C Substitute enduring guardians
 
• 110D Who is eligible to be appointed
 
• 110E Formal requirements

Division 3 -- Operation of enduring power of guardianship  

• 110F When enduring guardian may act
 
• 110G Functions generally
 
• 110H Certain provisions apply in relation to enduring guardian and appointor
 
• 110I Priority of enduring power of guardianship

Division 4 -- Jurisdiction of State Administrative Tribunal  

• 110J Who may apply
 
• 110K Declaration about validity of enduring power of guardianship
 
• 110L Declaration of incapacity of appointor
 
• 110M Directions as to construction of terms etc.
 
• 110N Revocation or variation of enduring power of guardianship
 
• 110O Recognition of instrument created in another jurisdiction

PART 9B -- Advance health directives

Division 1 -- Making of advance health directive  

• 110P Making advance health directive
 
• 110Q Formal requirements
 
• 110QA Maker may indicate in directive whether advice obtained
 
• 110R Requirements in relation to treatment decision in advance health directive

Division 2 -- Operation of advance health directive  

• 110S Operation generally
 
• 110T Effect of subsequent enduring power of guardianship
 
• 110U Priority of treatment decision in advance health directive

Division 3 -- Jurisdiction of State Administrative Tribunal  

• 110V Who may apply
 
• 110W Declaration about validity of directive or treatment decision
 
• 110X Declaration of incapacity of maker
 
• 110Y Directions as to construction of terms etc.
 
• 110Z Declaration that treatment decision has been revoked
 
• 110ZA Recognition of instrument created in another jurisdiction

Division 4 -- Miscellaneous matters  

• 110ZB Common law preserved

PART 9C -- Persons responsible for patients

Division 1 -- Preliminary matters  

• 110ZC Term used: patient

Division 2 -- Treatment decisions by persons responsible for patients  

• 110ZD Circumstances in which person responsible may make treatment decision
 
• 110ZE Priority of treatment decision of person responsible

Division 3 -- Jurisdiction of State Administrative Tribunal  

• 110ZF Who may apply
 
• 110ZG Declaration that person responsible may make treatment decision

PART 9D -- Treatment decisions in relation to patients under legal incapacity

Division 1 -- Preliminary matters  

• 110ZH Terms used

Division 2 -- Provision of treatment

• 110ZI Urgent treatment generally
 
• 110ZIA Urgent treatment after attempted suicide
Subdivision 2 -- Other treatment  
• 110ZIB Application of Subdivision
 
• 110ZJ Order of priority of persons who may make treatment decision in relation to patient
 
• 110ZK Reliance by health professional on treatment decision
 
• 110ZL Validity of certain treatment decisions
Subdivision 3 -- Performance of abortion  
• 110ZLA Treatment decisions in relation to performance of abortion
 
• 110ZLB Performance of abortion without advance health directive or State Administrative Tribunal consent an offence
 
• 110ZLC Effect of State Administrative Tribunal consent
 
• 110ZLD Reliance by health professional on treatment decisions in respect of performance of abortion

Division 3 -- Jurisdiction of State Administrative Tribunal

• 110ZN Declaration as to who may make treatment decision
Subdivision 2 -- Decisions for purposes of s. 110ZLA   110ZNA. Only Full Tribunal to act under this Subdivision  
• 110ZNB Who may apply for decision under this Subdivision
 
• 110ZNC Notice of hearing
 
• 110ZND State Administrative Tribunal consent to performance of abortion

PART 9E -- Medical research

Division 1 -- Preliminary  

• 110ZO Terms used
 
• 110ZP Term used: research decision-maker
 
• 110ZQ Substitute decision-maker for a research candidate

Division 2 -- Decisions about medical research  

• 110ZR Medical research with consent of research decision-maker
 
• 110ZS Urgent medical research without consent
 
• 110ZT Particular medical research not permitted

Division 3 -- Provisions about research decisions and urgent medical research decisions  

• 110ZU Assessment by independent medical practitioner of research candidate’s best interests
 
• 110ZV Assessment by independent medical practitioner of likelihood of research candidate regaining ability to consent
 
• 110ZW Assessment by independent medical practitioner of risks

Division 4 -- Effect of research decisions and urgent medical research decisions  

• 110ZX Reliance by researcher on research decision or urgent medical research decision
 
• 110ZY Validity of certain research decisions or urgent medical research decisions

Division 5 -- Jurisdiction of State Administrative Tribunal  

• 110ZZ Applying for review of decision made under this PART
 
• 110ZZA Procedure on review
 
• 110ZZB Effect of State Administrative Tribunal’s decision under this Division

Division 6 -- Reporting  

• 110ZZC Researcher to report medical research conducted under this Part to Health Minister
 
• 110ZZD Health Minister to report to Parliament on medical research carried out under this Part

Division 7 -- Reviews  

• 110ZZE Review of this PART

PART 10 -- Miscellaneous provisions  

• 111 Declaration as to capacity to vote
 
• 111A Applications under Wills Act 1970 s.
 
• 112 Inspection of records
 
• 113 Confidentiality
 
• 114 Immunity
 
• 115 Service of notices
 
• 117 Remuneration
 
• 118 Expenses
 
• 119 Order of priority of enduring guardian and guardian for matters other than treatment decisions
 
• 119A No fee for application to State Administrative Tribunal
 
• 120 Regulations
 
• 124 Transitional provisions
• SCHEDULE 1 -- Provisions as to proceedings of State Administrative Tribunal  
• SCHEDULE 2 -- Functions for administration of estates
• SCHEDULE 3 -- Forms for enduring power of attorney
• SCHEDULE 5 -- Transitional provisions