1 Name of Act
2 Commencement
3 Definitions
3A (Repealed)
3B Notes
3C Relationship with Mental Health Act 2007
3D Circumstances in which a person “has the care of another person”
3E Meaning of “close friend or relative”
3F Persons who are “parties” to proceedings under this Act
4 General principles
Part 2 Appointment of enduring guardians
5 Definitions
6 Adult person may appoint guardian
6A When appointment has effect
6B Eligibility for appointment
6C Method of appointment
6D Appointment of 2 or more enduring guardians
6DA Alternative enduring guardians
6E Functions of enduring guardians
6F Ancillary powers of enduring guardian
6G Acts of enduring guardian take effect as acts of appointor
6H Revocation of appointment by appointor
6HA Automatic revocation of appointment by marriage of appointor
6HB Resignation of appointment by appointee
6I Automatic suspension
6J Tribunal’s review of appointment
6K Action on review
6L Supreme Court may review appointment
6M Tribunal may declare appointment has effect
6MA Substitution of enduring guardians by Tribunal
6N Evidence as to appointor’s capacity
6O Recognition of enduring guardians appointed in other States and Territories
7 Definitions
8 Jurisdiction of the Supreme Court not affected
Division 2 Applications for guardianship orders
9 Applications
10 Service of applications
11 Removal of persons pursuant to order of the Tribunal
12 Power of search and removal of persons
13 Care of persons pending proceedings
Division 3 Guardianship orders
14 Tribunal may make guardianship orders
15 Restrictions on Tribunal’s power to make guardianship orders
16 Guardianship orders
17 Guardians
18 Term of guardianship orders
19 Orders to be forwarded to the Public Guardian
20 Alternative guardians
21 Relationship of guardians to persons under guardianship
21A Power to enforce guardianship orders
21B Ancillary powers of guardian
21C Acts of guardian take effect as acts of person under guardianship
22 Termination of Supreme Court orders
22A Death of guardian
23 Guardianship orders of no effect in certain circumstances
Division 4 Assessment and review of guardianship orders
24 Assessment of persons under guardianship
25 Review of guardianship orders
25A Requested review not required in certain cases
25B Persons entitled to request review
25C Action on review
Division 1 Making of financial management orders
25D Definitions
25E Tribunal may make financial management orders
25F When financial management order may be made
25G Grounds for making financial management order
25H Interim financial management orders
25I Application to Tribunal for a financial management order
25J Subsequent applications
25K Tribunal cannot make financial management order in certain circumstances
25L Tribunal may refer proceeding to Supreme Court
25M Tribunal may commit estate of protected person to management
Division 2 Review and revocation of financial management orders
25N Review of financial management orders
25O Requested review not required in certain cases
25P Action on review
25Q Disposal of estate
25R Application for revocation or variation of financial management order
Division 3 Review of appointment of manager
25S Review of appointment of manager
25T Requested review not required in certain cases
25U Action on review
Part 4 Directions to guardians
26 Applications
27 Service of applications
28 Tribunal may give directions
29 Restrictions on Tribunal’s power to give directions
30 Limitation of liability
31 Jurisdiction of the Supreme Court not affected
Part 4A Adoption information directions
31A Definitions
31B Applications
31C Service of applications
31D Tribunal may give directions
31E Restrictions on Tribunal’s power to give directions
31F Limitation of liability
31G Jurisdiction of the Supreme Court not affected
Part 5 Medical and dental treatment
32 Objects
33 Definitions
33A Person responsible
34 Application of Part
Division 2 Medical and dental treatment
35 Offences
36 Who may give consent
37 When treatment may be carried out without any such consent
38, 39 (Repealed)
Division 3 Consents given otherwise than by the Tribunal
40 Consents given by persons responsible for patients
41 (Repealed)
Division 4 Consents given by the Tribunal
42 Applications to the Tribunal
43 Service of applications
44 Tribunal may give consent
45 Restrictions on Tribunal’s power to give consent
45A Consents to continuing or further special treatment by a patient’s guardian with authority of the Tribunal
45AA Tribunal may approve clinical trials
45AB Consent for participation in clinical trials in individual cases
46 Effect of consent
46A Power of guardian to override patient’s objection to treatment when authorised by the Tribunal
47 Preservation of liability
48 Clinical records
Part 5A Reciprocal arrangements
48A Corresponding law
48B Recognition of guardians and managers appointed under corresponding law
Part 6 The Guardianship Tribunal
Division 1 Constitution of the Tribunal
49 Constitution of the Tribunal
50 (Repealed)
51 Composition of the Tribunal
51A Fewer than 3 Tribunal members may deal with certain matters
51B Presiding member of Tribunal
52 Sittings of the Tribunal
Division 2 Proceedings before the Tribunal
53 Procedure at sittings of Tribunal
54 Voting
55 Proceedings generally
56 Proceedings to be open to the public
57 Publication of names
57A Tribunal may join parties
58 Right of appearance
59 Presentation of cases
60 Compulsion of witnesses
61 Witnesses to answer questions
62 Refusal to attend or to answer questions etc
63 Witnesses’ expenses
64 Adjournments
64A Withdrawal of applications
65 Dismissal of frivolous proceedings etc
66 Conciliation to be attempted
Division 3 Appeals from decisions of the Tribunal
67 Appeals to the Supreme Court
67A Appeals to ADT
Division 3A Registrar and other staff of Tribunal
67B Registrar and other staff of Tribunal
67C Functions of the Registrar
67D Decisions of Registrar
67E Review of decisions of the Registrar
68 Decisions of Tribunal
69 Costs
70 Misconduct in proceedings before the Tribunal
71 Record of proceedings
72 Authentication of documents etc
73 Certain proceedings prohibited
74 Application of Defamation Act 2005 to proceedings of Tribunal
75 Rules
76 Reports
76A Annual report
77 Public Guardian
78 Delegation
79 Information concerning the functions of the Public Guardian etc
80 Reports
80A Review by ADT of guardianship decisions of Public Guardian
81–96(Repealed)
97 (Repealed)
98 Service of notices etc
99 (Repealed)
100 Limitation of personal liability
101 Disclosure of information
102 Search warrants
103 Obstruction
104 Person falsely representing to be an officer
105 False or misleading statements
106 Proceedings for offences
107 Procedural matters
107A Evidentiary certificates in relation to persons under guardianship
108 Regulations
109 Savings and transitional provisions
Schedule 1 Provisions relating to the Tribunal