GUARDIANSHIP AND ADMINISTRATION ACT 1993
Table of Provisions
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
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: