{"id":"advance-personal-planning-act-2013","name":"Advance Personal Planning Act 2013","slug":"advance-personal-planning-act-2013","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29837,"registerId":"nt-advance-personal-planning-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Advance Personal Planning Act 2013","content":"NORTHERN TERRITORY OF AUSTRALIA\nADVANCE PERSONAL PLANNING ACT 2013\nAs in force at 1 July 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Meaning of planning capacity .......................................................... 3\n5 Meaning of reasonably believes ...................................................... 3\n6 Meaning of decision-making capacity .............................................. 4\n6A Meaning of impaired decision-making capacity ............................... 4\n6B Health Care Decision Making Act 2023 ........................................... 5\n7 Application of Criminal Code ........................................................... 6\nPart 2 Advance personal plans\n8 Adult may make advance personal plan .......................................... 6\n9 Form of advance personal plan ....................................................... 6\n10 Advance personal plan to be signed and witnessed ........................ 7\n11 Duration of advance personal plan .................................................. 8\n12 Amendment or revocation by adult .................................................. 8\n13 Non-compliance with formal requirements....................................... 8\n14 Multiple advance personal plans ..................................................... 9\nPart 3 Decision makers\nDivision 1 Appointments\n15 Who can be appointed as a decision maker .................................... 9\n16 Appointment of decision maker for matters ................................... 10\n17 Appointment options for decision makers ...................................... 10\n18 Restrictions, requirements and directions ...................................... 11\n19 When appointment of decision maker ceases ............................... 11\nDivision 2 Authority of decision makers\n20 Authority of decision maker ........................................................... 12\n21 Exercise of authority by decision maker ........................................ 12\n22 Decision making principles ............................................................ 13\n23 Exemptions .................................................................................... 15\n24 Excluded matters ........................................................................... 16\n26 Effect of exercise of authority by decision maker........................... 16\n27 Decision maker unaware of entitlement to act or not ..................... 16\n\nAdvance Personal Planning Act 2013 ii\nDivision 3 Specific powers and duties of decision\nmakers\n28 Right to documents and information .............................................. 17\n29 Information and things may be given to decision maker ................ 18\n30 Record keeping and reporting requirements.................................. 18\n31 Property to be managed as if trust property................................... 19\n32 Gifts ............................................................................................... 20\n33 Maintenance of dependants .......................................................... 20\n34 Transfer when person ceases to be decision maker ..................... 21\nDivision 4 Reimbursement and remuneration\n35 Reimbursement of expenses ......................................................... 21\n36 Remuneration for professional decision maker.............................. 22\n37 Reimbursement and remuneration for other services provided\nby decision maker to represented adult ......................................... 22\nPart 4 Consent to health care action\n38 Scope of consent decisions ........................................................... 23\n39 When statement in advance personal plan constitutes\nadvance consent decision ............................................................. 23\nPart 4A Dealings in relation to land\nDivision 1 Dealings by decision makers\n55A Advance personal plan must be registered.................................... 24\nDivision 2 Advance Personal Plans (Part 4A) Register\n55B Advance Personal Planning (Part 4A) Register ............................. 25\n55C Registration of advance personal plans......................................... 26\n55D Fees .............................................................................................. 26\nPart 5 Civil and Administrative Tribunal\nDivision 1 Preliminary matters\n55E Definitions ...................................................................................... 26\nDivision 1A Jurisdiction of Tribunal\n56 Jurisdiction of Tribunal ................................................................... 27\n57 Tribunal to act in accordance with decision-making principles ...... 27\n58 Declarations as to validity, status, powers etc. .............................. 27\n59 Orders to decision makers ............................................................. 28\n60 Orders to former decision maker ................................................... 28\n\nAdvance Personal Planning Act 2013 iii\n61 Tribunal may amend or revoke advance personal plan ................. 29\n62 Tribunal to endorse cessation of decision maker........................... 30\nDivision 2 Procedure for Tribunal\n66 How proceeding to be commenced ............................................... 31\n67 Parties ........................................................................................... 31\n69 Tribunal proceedings to be private ................................................ 31\n69A Reasons may be given orally......................................................... 32\n70 Reporting on proceedings relating to Part 4 .................................. 32\nPart 6 Enforcement\nDivision 1 Investigations\n75 Requirement to provide information, produce documents etc........ 33\nDivision 2 Offences\n76 Falsely representing to be decision maker .................................... 34\n77 Improper inducement in relation to advance personal plan ........... 34\n78 Improper exercise of authority by decision maker ......................... 35\n79 Inducing decision maker to exercise authority improperly ............. 36\n80 Misleading information ................................................................... 36\nDivision 3 Criminal liability for offences\n81 Alternative verdicts ........................................................................ 38\nDivision 4 Consequences of finding of guilt\n82 Termination of appointment as decision maker and\ndisqualification ............................................................................... 38\n83 Payment of compensation to represented adult ............................ 39\nDivision 5 Legal proceedings\n84 Commencement of prosecution ..................................................... 39\n85 When prosecution to be started ..................................................... 39\nPart 7 Miscellaneous matters\n86 Approved forms ............................................................................. 40\n87 Advance Personal Plans (General) Register ................................. 40\n88 Recognition of interstate documents ............................................. 40\n89 Other rights not affected ................................................................ 41\n90 Regulations.................................................................................... 41\n\nAdvance Personal Planning Act 2013 iv\nPart 8 Repeals and transitional matters\nDivision 1 Repeals\n91 Natural Death Act 1988 repealed .................................................. 41\nDivision 2 Transitional matters for Advance Personal\nPlanning Act 2013\n92 Continuation of directions under Natural Death Act 1988 .............. 42\nDivision 3 Transitional matters for Advance Personal\nPlanning Amendment Act 2016\n93 Definitions ...................................................................................... 42\n94 Appeals to Supreme Court ............................................................ 42\n95 Applications to Local Court ............................................................ 43\n96 Offence provisions – before and after commencement ................. 43\nDivision 4 Transitional matters for Health Care Decision\nMaking Act 2023\n97 Consent decision about health care .............................................. 44\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2024\n____________________\nADVANCE PERSONAL PLANNING ACT 2013\nAn Act to enable people to make plans about how decisions are to be\nmade for them if they have impaired decision-making capacity, and for\nrelated purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Advance Personal Planning Act 2013.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nadult guardian means a guardian under the Guardianship of\nAdults Act 2016.\nadvance care statement means a statement set out in an advance\npersonal plan as mentioned in section 8(1)(b).\nadvance consent decision means a consent decision about\nhealth care action set out in an advance personal plan as\nmentioned in section 8(1)(a).\nadvance personal plan, see section 8.\nAdvance Personal Planning (Part 4A) Register, see section 55B.\naffected adult means:\n(a) if the proceeding relates to an advance personal plan – the\nadult who made the plan; or\n\nPart 1 Preliminary matters\nAdvance Personal Planning Act 2013 2\n(b) if the proceeding relates to a represented adult – the\nrepresented adult; or\n(c) if the proceeding relates to a consent decision about health\ncare action for an adult – that adult; or\n(d) for other proceeding – the adult to whom the proceeding\nrelates.\nagent, for an adult, means a decision maker, adult guardian or\nenduring attorney for the adult or other person who has lawful\nauthority to manage the adult's affairs.\navailable consenter, see section 42(1)(b).\nbest interests, for an adult, see section 22(6A) and (7).\nconsent decision, about health care action, means a decision to\ngive or refuse consent for the taking of the health care action.\ndecision maker means a person appointed by an adult in an\nadvance personal plan as mentioned in section 8(1)(c).\ndecision-making capacity, see section 6(1).\ndecision-making principles, see section 22(1).\nenduring attorney means the donee of an enduring power of\nattorney under Part III of the Powers of Attorney Act 1980.\nfinancial management power, for a decision maker, means\nauthority to make decisions in relation to the management of all or\npart of the represented adult's property and financial affairs.\nhealth care, see section 6 of the Health Care Decision Making\nAct 2023.\nhealth care action, for an adult, means commencing, continuing,\nwithholding or withdrawing health care for the adult.\nhealth care provider, see section 4 of the Health Care Decision\nMaking Act 2023.\nimpaired decision-making capacity, see section 6A.\ninterested person, for an adult, means one of the following:\n(a) a decision maker for the adult;\n(b) an adult guardian for the adult;\n\nPart 1 Preliminary matters\nAdvance Personal Planning Act 2013 3\n(d) enduring attorney for the adult;\n(e) a health care provider for the adult;\n(f) the Chief Executive Officer;\n(g) the Public Guardian;\n(h) the Public Trustee;\n(i) another person who has a genuine and sufficient interest in\nprotecting the adult's best interests.\nplanning capacity, see section 4.\nproceeding, for Part 5, see section 55E.\nPublic Guardian, see section 3 of the Guardianship of Adults\nAct 2016.\nPublic Trustee, see section 5 of the Public Trustee Act 1979.\nreasonably believes, see section 5(1).\nregistered, for Part 4A, means registered in the Advance Personal\nPlanning (Part 4A) Register.\nrepresented adult means an adult who has made an advance\npersonal plan that is in force and appoints a decision maker.\nTribunal means the Civil and Administrative Tribunal.\nTribunal Act, for Part 5, see section 55E.\n4 Meaning of planning capacity\nAn adult has planning capacity if the adult:\n(a) has decision-making capacity for making an advance personal\nplan; and\n(b) does not have an adult guardian.\n5 Meaning of reasonably believes\n(1) A person reasonably believes something at a particular time if the\nperson has grounds at the time for believing that thing and those\ngrounds, when judged objectively, are reasonable.\n(2) The reasonableness of the belief is not affected by the grounds\nsubsequently being found to be false or non-existent.\n\nPart 1 Preliminary matters\nAdvance Personal Planning Act 2013 4\n6 Meaning of decision-making capacity\n(1) An adult has decision-making capacity for a matter if the adult\ndoes not have impaired decision-making capacity for the matter.\n(2) An adult is presumed to have decision-making capacity for a matter\nuntil the contrary is shown.\n6A Meaning of impaired decision-making capacity\n(1) An adult has impaired decision-making capacity in relation to a\nmatter if the adult's capacity to make a decision in relation to the\nmatter is impaired.\n(2) An impairment in any of the following is relevant in determining\nwhether an adult's capacity to make a decision is impaired:\n(a) understanding and retaining information relevant to the\ndecision;\n(b) weighing information relevant to the decision in order to make\nthe decision;\n(c) communicating the decision in some way;\n(d) understanding the effect of the decision.\n(3) For subsection (2)(a), an adult is taken to understand information\nrelevant to a decision if the adult understands an explanation of the\ninformation given to the adult in a way that is appropriate to the\nadult's circumstances, whether by using modified language, visual\naids or other means.\n(4) For subsection (2)(c), an adult is taken to communicate a decision if\nthe adult communicates the decision in a way that is appropriate to\nthe adult's circumstances, whether by using modified language,\nvisual aids or other means.\n(5) An adult may have impaired decision-making capacity in relation to\nsome matters and not others.\n(6) The degree to which an adult has impaired decision-making\ncapacity may vary over time.\n(7) The cause of the impairment of the decision-making capacity is\nimmaterial.\n\nPart 1 Preliminary matters\nAdvance Personal Planning Act 2013 5\n(8) An adult does not have impaired decision-making capacity merely\nbecause the adult:\n(a) has a disability, illness or other medical condition, whether\nphysical or mental; or\n(b) requires the use of practicable and appropriate support,\nincluding additional time for explanation, modified language,\nvisual or technological aids or other means of communication;\nor\n(c) engages in unconventional behaviour or another form of\npersonal expression; or\n(d) chooses a living environment or lifestyle with which other\npeople do not agree; or\n(e) makes decisions with which other people do not agree; or\n(f) does not have a particular level of fluency in English; or\n(g) does not have a particular level of literacy or education; or\n(h) engages in particular cultural or religious practices; or\n(i) does or does not express a particular religious, political or\nmoral opinion; or\n(j) is of a particular sexual orientation or gender identity or\nexpresses particular sexual preferences; or\n(k) takes or took, or is or was dependent on, alcohol or drugs,\nunless the alcohol or drugs are causing actual impairment in\nrelation to the decision; or\n(l) engages or engaged in illegal or immoral conduct.\nExamples for subsection (8)(b)\n1 Using information or formats tailored to the particular needs of the adult.\n2 Communicating or assisting a person to communicate the adult's decision.\n3 Giving a person additional time and discussing the matter with the adult.\n4 Using technology that alleviates the effects of the adult's disability.\n6B Health Care Decision Making Act 2023\nThis Act is subject to the Health Care Decision Making Act 2023\nand if a provision of this Act is inconsistent with that Act, that Act\nprevails to the extent of the inconsistency.\n\nPart 2 Advance personal plans\nAdvance Personal Planning Act 2013 6\n7 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 7\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Advance personal plans\n8 Adult may make advance personal plan\n(1) An adult who has planning capacity may, by making an advance\npersonal plan, do one or more of the following:\n(a) make consent decisions about future health care action for the\nadult (advance consent decisions);\n(b) set out the adult's views, wishes and beliefs as the basis on\nwhich the adult wants anyone to act if they make decisions for\nthe adult (advance care statements);\n(c) appoint one or more persons to make decisions for the adult if\nthe adult has impaired decision-making capacity (decision\nmakers).\n(2) The decisions mentioned in subsection (1)(b) and (c) may be about\nall or any aspect of the adult's care and welfare (including health\ncare) and property and financial affairs.\n9 Form of advance personal plan\n(1) An advance personal plan must be made in the form approved\nunder section 86(1) if:\n(a) the plan includes the appointment of a decision maker who is\nto have any financial management powers; or\n(b) use of the approved form is required by regulation.\n(2) Any other advance personal plan must be made:\n(a) in the form approved under section 86(1); or\n(b) in writing and in accordance with any requirements prescribed\nby regulation.\n\nPart 2 Advance personal plans\nAdvance Personal Planning Act 2013 7\n10 Advance personal plan to be signed and witnessed\n(1) An advance personal plan must be signed:\n(a) by the adult making it; or\n(b) if the adult is unable to sign – by a person (a representative)\nacting on the direction, and in the presence of, the adult.\n(2) The plan must be signed in the presence of an authorised witness.\n(3) The witness must certify in the advance personal plan that:\n(a) the witness reasonably believes that the adult making the\nplan:\n(i) is who he or she purports to be; and\n(ii) is at least 18 years of age; and\n(b) it appears to the witness that:\n(i) the adult understands the nature and effect of the\nadvance personal plan; and\n(ii) in making the plan the adult is acting voluntarily without\ncoercion or other undue influence; and\n(c) the plan was signed:\n(i) by the adult making it or a representative in accordance\nwith subsection (1); and\n(ii) in the presence of the witness.\n(4) A person acting as a representative:\n(a) must be is at least 18 years of age; and\n(b) must not be, or be being appointed by the plan as, a decision\nmaker for the adult.\n(5) In this section:\nauthorised witness means:\n(a) a person who is authorised under the Oaths, Affidavits and\nDeclarations Act 2010 to administer an oath; or\n(b) a person prescribed by regulation to be an authorised witness.\n\nPart 2 Advance personal plans\nAdvance Personal Planning Act 2013 8\n11 Duration of advance personal plan\nAn advance personal plan:\n(a) comes into force when it is made; and\n(b) remains in force until one of the following occurs:\n(i) if the advance personal plan is expressed to be for a\nlimited period – that period ends;\n(ii) the advance personal plan is revoked by the adult who\nmade it or the Tribunal;\n(iii) if the advance personal plan appoints a decision maker\nbut does not include any advance consent decisions or\nadvance care statements – the person appointed as\ndecision maker, or if 2 or more persons are appointed\nthe last of them, ceases to be a decision maker under\nsection 19;\n(iv) the adult who made the advance personal plan dies.\n12 Amendment or revocation by adult\n(1) An adult who has made an advance personal plan may amend or\nrevoke it at any time if he or she has planning capacity.\n(2) An amendment must be made in accordance with sections 9\nand 10 as if it were an advance personal plan.\nNote for section 12\nThe Tribunal has power to amend or revoke an advance personal plan in some\ncircumstances (see section 61).\n13 Non-compliance with formal requirements\n(1) This section applies if an adult attempts to make or amend an\nadvance personal plan but the plan or amendment is not made in\naccordance with sections 9 and 10.\n(2) The attempt:\n(a) does not have effect to make or amend an advance personal\nplan; but\n(b) may constitute a statement of the adult's views and wishes\nthat may be taken into account by an agent or other person\nacting for the adult.\n\nPart 3 Decision makers\nDivision 1 Appointments\nAdvance Personal Planning Act 2013 9\n(3) However, if the Tribunal is satisfied that the adult's intention to\nmake or amend an advance personal plan is sufficiently clear, it\nmay declare the attempt to be effective to create a valid advance\npersonal plan or amendment despite the non-compliance with those\nsections.\nNote for section 13\nThis section does not affect section 68 of the Interpretation Act 1978, which\nprovides that substantial compliance with an approved form is sufficient.\n14 Multiple advance personal plans\n(1) An adult may make as many advance personal plans as he or she\nwishes.\n(2) If an adult has made 2 advance personal plans that are\ninconsistent, the most recently made plan prevails to the extent of\nthe inconsistency.\n(3) The fact that an adult, by making 2 advance personal plans,\nappoints 2 decision makers for the same matter does not, by itself,\nconstitute an inconsistency between the plans.\nNote for section 14\nIf there is an inconsistency within a plan, or between 2 plans made at the same\ntime, the Tribunal may make a declaration about the effect or meaning of the plan\nor plans under section 58(g) or an order under section 59 if the inconsistency\nrelates to decision makers.\nPart 3 Decision makers\nDivision 1 Appointments\n15 Who can be appointed as a decision maker\n(1) An adult making an advance personal plan may appoint as a\ndecision maker:\n(a) an individual who is at least 18 years of age; or\n(b) a licensed trustee company (as defined in section 601RAA of\nthe Corporations Act 2001); or\n(c) the Public Trustee; or\n(d) the Public Guardian.\n(2) Despite subsection (1)(a), the adult may appoint an individual who\nis under 18 years of age to become a decision maker when the\nindividual turns 18.\n\nPart 3 Decision makers\nDivision 1 Appointments\nAdvance Personal Planning Act 2013 10\n(3) The appointment of individual who is under 18 years of age, has no\neffect until the individual turns 18.\n16 Appointment of decision maker for matters\n(1) An adult may appoint a decision maker for one or more, or all,\nmatters relating to the adult's:\n(a) care or welfare (including health care); or\n(b) property or financial affairs.\n(2) If an adult appoints a decision maker but does not identify the\nmatter or matters for which the decision maker is appointed, the\ndecision maker is appointed for all matters.\nExamples for section 16\nThe following are examples of matters for which a decision maker may be\nappointed:\n(a) accommodation;\n(b) day-to-day living matters, such as diet and dress;\n(c) health care;\n(d) the provision of care services to the adult;\n(e) relationships with other people, including intimate or sexual relationships;\n(f) the carrying out of a forensic procedure (such as those mentioned in the\ndefinition of that term in section 4 of Police Administration Act 1978) in\nrelation to an adult;\n(g) employment;\n(h) education and training;\n(i) banking;\n(j) receipt and payment of money;\n(k) property (including real estate) ownership;\n(l) management of assets;\n(m) carrying on a trade or business;\n(n) holding a licence or permit;\n(o) insurance for an adult or his or her property;\n(p) legal matters (other than as mentioned in section 24(1)(e)).\n17 Appointment options for decision makers\n(1) An adult may appoint a decision maker to act:\n(a) at all times; or\n(b) only in stated circumstances; or\n\nPart 3 Decision makers\nDivision 1 Appointments\nAdvance Personal Planning Act 2013 11\n(c) at all times except in stated circumstances.\nExamples for subsection (1)(b) and (c)\n1 An adult may appoint his wife while she is alive and then his son while he\nis alive and then his 2 grandchildren jointly.\n2 An adult who lives part of the time with her son and part of the time with\nher daughter might appoint her son for times she is living with him and her\ndaughter for times when she is living with her.\n3 An adult who has a son who travels in remote areas and is sometimes out\nof contact might appoint her son as a primary decision maker and her\nfriend as a secondary decision maker for the times when the son cannot\nbe contacted.\n(2) An adult may appoint one decision maker, or 2 or more decision\nmakers, for a matter or matters.\n(3) If the adult appoints 2 or more decision makers for a matter, they\nmay be appointed to exercise their authority jointly, severally or\njointly and severally.\n18 Restrictions, requirements and directions\nAn adult appointing a decision maker may, in the advance personal\nplan, do one or more of the following:\n(a) impose restrictions on the decision maker's authority;\n(b) impose requirements to be complied with by the decision\nmaker in relation to the exercise of the decision maker's\nauthority;\n(c) give directions to the decision maker about the exercise by the\ndecision maker of the decision maker's authority.\n19 When appointment of decision maker ceases\n(1) A person (person A) ceases to be a decision maker when one of\nthe following occurs:\n(a) person A, being an individual, dies;\n(b) person A resigns by giving written notice to:\n(i) if the represented adult has planning capacity – the\nrepresented adult; or\n(ii) if the represented adult does not have planning capacity\nbut has appointed another person (person B) who, on\nperson A's resignation, would be a decision maker for\nthe adult with authority for all matters for which person A\nhas authority – person B; or\n\nPart 3 Decision makers\nDivision 2 Authority of decision makers\nAdvance Personal Planning Act 2013 12\n(iii) otherwise – the Public Guardian;\n(c) if person A's appointment as a decision maker is expressed to\nbe for a limited period – that period ends;\n(d) the advance personal plan by which person A was appointed:\n(i) ceases to be in force; or\n(ii) is amended so as to terminate person A's appointment.\n(2) If a person resigns under subsection (1)(b) the person must give a\ncopy of the resignation notice to each other agent for the adult of\nwhom the person is aware.\n(3) A notice for subsection (1)(b)(iii) must be accompanied by:\n(a) a copy of the advance personal plan by which the person was\nappointed; and\n(b) any information prescribed by regulation.\nDivision 2 Authority of decision makers\n20 Authority of decision maker\n(1) A decision maker for a matter has authority to do anything in\nrelation to the matter that the represented adult could lawfully do if\nhe or she had full legal capacity.\n(2) However, the decision maker may exercise that authority only when\nthe represented adult has impaired decision-making capacity for the\nmatter.\n(3) The decision maker's authority is subject to:\n(a) this Act; and\n(b) the Health Care Decision Making Act 2023; and\n(c) the terms of the advance personal plan by which the decision\nmaker was appointed.\n21 Exercise of authority by decision maker\n(1) In exercising the decision maker's authority, the decision maker\nmust:\n(a) act in accordance with the decision-making principles; and\n\nPart 3 Decision makers\nDivision 2 Authority of decision makers\nAdvance Personal Planning Act 2013 13\n(b) comply with:\n(i) any restrictions, requirements or directions of the kind\nmentioned in section 18 that are in the advance personal\nplan by which the decision maker was appointed; and\n(ii) any order made by the Tribunal under section 59; and\n(iii) this Act and the Health Care Decision Making Act 2023;\nand\n(c) cooperate with any other agents for the represented adult to\nenable them all to properly exercise their authority; and\n(d) act honestly and with care, skill and diligence.\n(2) If 2 or more decision makers are appointed to exercise their\nauthority for a matter jointly, they must exercise their authority\nunanimously.\nNote for subsection (2)\nIf the decision makers are unable to reach a unanimous decision, they may seek\nan order from the Tribunal under section 59(2)(b).\n22 Decision making principles\n(1) This section governs the exercise of authority of a decision maker\nunder this Act.\n(2) Subject to section 23(2), the decision maker must give effect to any\nadvance care statement made by the person.\n(3) If no advance care statement was made about the matter, the\ndecision maker must exercise authority under this Act in the way\nthat the decision maker believes on reasonable grounds the person\nwould do in the circumstances.\n(4) In determining what the person would do in the circumstances, the\ndecision maker must take into account:\n(a) the person's current and previously stated decisions, views,\nwishes and objections about the matter; and\n(b) the decision maker's personal knowledge of the person.\n(5) If a decision maker forms a belief on reasonable grounds regarding\nwhat the person would do in the circumstances, the decision maker\nmust exercise authority in that way, even if doing so may not be in\nthe person's best interests.\n\nPart 3 Decision makers\nDivision 2 Authority of decision makers\nAdvance Personal Planning Act 2013 14\n(6) Subsection (5) does not require giving the person addictive\nsubstances, without therapeutic benefit, that the person would use\nif the person had legal capacity.\n(7) If a decision maker is unable to form a belief on reasonable\ngrounds regarding what the person would do in the circumstances,\nthe decision maker must exercise authority in the way that the\ndecision maker believes on reasonable grounds is in the best\ninterests of the person.\n(8) For subsection (7), in determining what is in the best interests of the\nperson, the decision maker must:\n(a) take into account all relevant considerations; and\n(b) assess those considerations by giving each of them the weight\nthe decision maker believes on reasonable grounds is\nappropriate in the circumstances.\n(9) Without limiting subsection (8)(a), relevant considerations regarding\nthe person include the following:\n(a) protecting the person from harm, neglect, abuse and\nexploitation;\n(b) providing the person with appropriate care;\n(c) promoting the person's happiness, enjoyment of life and\nwellbeing;\n(d) protecting the person's freedom of decision and action;\n(e) enabling the person to be as independent as practicable;\n(f) enabling the person to achieve the person's maximum\nphysical, social, emotional and intellectual potential;\n(g) enabling the person to live in the general community and take\npart in community activities;\n(h) maintaining the person's right to be treated with dignity and\nrespect;\n(i) enabling the person to maintain the person's preferred living\nenvironment and lifestyle;\n(j) maintaining or creating a positive support network for the\nperson;\n\nPart 3 Decision makers\nDivision 2 Authority of decision makers\nAdvance Personal Planning Act 2013 15\n(k) protecting the person's property and financial resources from\nloss, damage and misuse;\n(l) protecting the person's right to keep the person's information\nconfidential.\n(10) In determining what is appropriate in the circumstances under\nsubsection (8)(b), the decision maker must exercise authority in a\nway that:\n(a) is the least restrictive of the person's freedom of decision and\naction as is practicable; and\n(b) provides the person with as much support as is practicable to\nmake the person's own health care decisions.\n23 Exemptions\n(1) A decision maker is not required to comply with section 22(2) if:\n(a) the person made a subsequent written declaration stating that\nthe person does not want to give effect to the advance care\nstatement, at a time when the person did not have impaired\ndecision making capacity to make a decision on the matter; or\n(b) there is no reasonable possibility the person would have\nintended the statement to apply in the circumstances.\n(2) A decision maker is not required to comply with section 22(2) or (3)\nif compliance would:\n(a) be impracticable; or\n(b) be unlawful; or\n(c) impose a burden on another person that is so unreasonably\nonerous that it is justifiable to override the person's wishes; or\n(d) be so unreasonable that it is justifiable to override the person's\nwishes.\n(3) A decision maker must keep a written record of the reasons for not\ncomplying with section 22(2) or (3) if the decision maker relies on\nsubsection (1) or (2).\n\nPart 3 Decision makers\nDivision 2 Authority of decision makers\nAdvance Personal Planning Act 2013 16\n24 Excluded matters\n(1) Despite section 20, a decision maker is not authorised to do any of\nthe following for the represented adult:\n(a) exercise the adult's right to vote in a Commonwealth, Territory\nor local government election or referendum;\n(b) consent to the adoption of a child of the adult;\n(ba) make or give effect to a decision about the adult entering into\na surrogacy arrangement as defined in section 3 of the\nSurrogacy Act 2022;\n(c) consent to the marriage, or dissolution of the marriage, of the\nadult;\n(d) make, vary or revoke the following for the adult:\n(i) a will;\n(ii) a power of attorney;\n(iii) an advance personal plan, or anything (by whatever\nname) having a similar effect in another jurisdiction;\n(e) exercise the adult's rights as an accused person in relation to\na criminal investigation or criminal proceedings, including\nunder Part 10 of the Mental Health and Related Services\nAct 1998.\n(2) This section applies despite anything else in this Act and regardless\nof the terms of the advance personal plan by which the decision\nmaker was appointed.\n26 Effect of exercise of authority by decision maker\nAn act done or omission made by a decision maker in the exercise\nof the decision maker's authority has effect as if it were done or\nmade by the represented adult and he or she had full legal\ncapacity.\n27 Decision maker unaware of entitlement to act or not\n(1) If:\n(a) a decision maker purports to exercise authority for a matter in\ngood faith and reasonably believing that circumstances exist\nthat entitle the decision maker to do so; and\n(b) those circumstances do not in fact exist;\n\nPart 3 Decision makers\nDivision 3 Specific powers and duties of decision makers\nAdvance Personal Planning Act 2013 17\nanything done by the decision maker in the purported exercise of\nthe authority has effect, and the decision maker is liable to the\nsame extent, as if the circumstances had existed.\n(2) If:\n(a) a decision maker has authority for a matter; and\n(b) circumstances exist in which the decision maker is entitled to\nexercise that authority; and\n(c) the decision maker is unaware, and could not reasonably have\nbeen expected to be aware, of the existence of those\ncircumstances;\nthe decision maker is not liable for a failure to exercise the\nauthority.\nExample for section 27\nA circumstance that would affect the decision maker's entitlement to exercise\nauthority is whether or not the represented adult had impaired decision-making\ncapacity for the matter.\nDivision 3 Specific powers and duties of decision makers\n28 Right to documents and information\n(1) A decision maker for a matter:\n(a) has the same right to documents and information relevant to\nthe exercise of the decision maker's authority in relation to that\nmatter as the represented adult would have if he or she had\nfull legal capacity; and\n(b) has a right to documents and information of the represented\nadult that are relevant to the exercise of the decision maker's\nauthority in relation to that matter.\n(2) A person who has custody or control of a document or information\nthat is relevant to the exercise of a decision maker's authority\n(an information holder) must give it to the decision maker if\nrequested by the decision maker to do so, unless the information\nholder has a reasonable excuse not to do so.\n(3) If the information holder does not comply with the request, the\nTribunal may order the information holder to give the documents or\ninformation to the decision maker.\n\nPart 3 Decision makers\nDivision 3 Specific powers and duties of decision makers\nAdvance Personal Planning Act 2013 18\n(5) An information holder who gives information under this section in\ngood faith is not civilly or criminally liable, or in breach of a\nprofessional code of conduct, for doing so.\n29 Information and things may be given to decision maker\n(1) This section applies if:\n(a) a person is required by a law of the Territory (the other law) to\ngive information or a thing to a represented adult; and\n(b) the information or thing relates to a matter for which the adult\nhas impaired decision-making capacity; and\n(c) a decision maker has authority for the matter.\n(2) The person required to give the information or thing may give it to\nthe decision maker instead of giving it to the represented adult.\n(3) A person who gives information or a thing to the decision maker\nunder this section in good faith:\n(a) is taken to have complied with the requirement in the other law\nto give it to the represented adult; and\n(b) is not civilly or criminally liable, or in breach of a professional\ncode of conduct, for giving it to the decision maker.\n(4) This section does not apply in relation to a document that the other\nlaw requires to be personally served on the represented adult.\n30 Record keeping and reporting requirements\n(1) A decision maker must:\n(a) keep the records in relation to the exercise of the decision\nmaker's authority that it would be reasonable in the\ncircumstances to keep; and\n(b) comply with any record keeping and reporting requirements\nprescribed by regulation.\n(2) Without limiting what may be provided for in regulations, a\nregulation may provide for one or more of the following:\n(a) keeping of records;\n(b) preparation of annual or other reports;\n(c) auditing or other verification of records and reports;\n\nPart 3 Decision makers\nDivision 3 Specific powers and duties of decision makers\nAdvance Personal Planning Act 2013 19\n(d) the form of records or reports;\n(e) who must or may be given copies of, or access to, records or\nreports.\n31 Property to be managed as if trust property\n(1) A decision maker who has financial management powers:\n(a) must deal with the represented adult's property as if it were\ntrust property held by the decision maker on trust for the\nrepresented adult; and\n(b) in dealing with the property, is subject to the duties,\nobligations and limitations that apply under a law of the\nTerritory to a trustee dealing with trust property.\nNote for subsection (1)\nThe decision maker's power to deal with the property stems from section 20(1).\nThis section limits that power by requiring the decision maker to deal with the\nproperty as if it were trust property. However, this section does not constitute a\ntrust nor cause the property to vest in the decision maker.\n(2) However, the decision maker may deal with property other than in\naccordance with subsection (1) if:\n(a) permitted to do so by a provision of this Act; or\n(b) authorised to do so:\n(i) by the represented adult in the advance personal plan by\nwhich the decision maker was appointed; or\n(ii) by the Tribunal by order under section 59(2)(c).\n(3) Subsection (1) does not prevent the continuation of joint ownership\nof property by the represented adult and the decision\nmaker (whether as joint tenants or tenants in common) if the joint\nownership commenced:\n(a) before the decision maker was appointed; or\n(b) after the appointment but while the represented adult had\ndecision-making capacity for the matter.\n(4) Despite subsection (1)(b), section 24A of the Trustees Act 1893\ndoes not apply in relation to property that is being dealt with under\nthis section as if it were trust property.\n\nPart 3 Decision makers\nDivision 3 Specific powers and duties of decision makers\nAdvance Personal Planning Act 2013 20\n32 Gifts\n(1) A decision maker who has financial management powers may\nmake a gift from the represented adult's property if:\n(a) the gift is of a kind the represented adult:\n(i) made when he or she had decision-making capacity for\nthe matter; or\n(ii) might reasonably be expected to make; and\n(b) the value of the gift is reasonable in the circumstances.\n(2) However, the represented adult may, in the advance personal plan\nthat appoints the decision maker:\n(a) restrict the decision maker's authority to make gifts; or\n(b) authorise the decision maker to make a gift not otherwise\npermitted by this section.\n(3) Further, the Tribunal may, by order under section 59(2)(c),\nauthorise the decision maker to make a gift not otherwise permitted\nby this section.\n(4) Despite subsection (1), the decision maker must not make a gift\nfrom the represented adult's property to the decision maker unless\nspecifically authorised to do so under subsection (2)(b) or (3).\n33 Maintenance of dependants\n(1) A decision maker who has financial management powers may\nprovide from the represented adult's property for the needs of a\ndependant of the represented adult if:\n(a) the provision is of a kind the represented adult:\n(i) made when he or she had decision-making capacity for\nthe matter; or\n(ii) might reasonably be expected to make; and\n(b) the value of the provision is reasonable in the circumstances.\n(2) However, the represented adult may, in the advance personal plan\nthat appoints the decision maker:\n(a) restrict the decision maker's authority to provide for the needs\nof dependants; or\n\nPart 3 Decision makers\nDivision 4 Reimbursement and remuneration\nAdvance Personal Planning Act 2013 21\n(b) authorise the decision maker to make provision for the needs\nof a dependant that is not otherwise permitted by\nsubsection (1).\n(3) Further, the Tribunal may, by order under section 59(2)(c),\nauthorise the decision maker to make provision for the needs of a\ndependant that is not otherwise permitted by subsection (1).\n(4) Despite subsection (1), if the decision maker is a dependant of the\nrepresented adult, the decision maker must not make provision\nfrom the represented adult's property for the decision maker's own\nneeds unless specifically authorised to do so under\nsubsection (2)(b) or (3).\n34 Transfer when person ceases to be decision maker\nA person who ceases to be a decision maker for an adult must take\nall reasonable steps to provide for:\n(a) if the represented adult is still alive – the orderly transfer of\ndecision-making authority from the person to the represented\nadult or to another agent for the adult (as appropriate); or\n(b) if the represented adult has died – the orderly transfer of the\nadult's estate to the executor or administrator of the estate.\nDivision 4 Reimbursement and remuneration\n35 Reimbursement of expenses\n(1) A decision maker is entitled to reimbursement from the represented\nadult for reasonable costs incurred in acting as decision maker:\n(a) as authorised in the advance personal plan by which the\ndecision maker was appointed; or\n(b) as approved by the Tribunal by order under section 59(2)(d).\n(2) The Tribunal's approval may be given for a particular expense, for\nexpenses up to a specified amount, for expenses generally, or\notherwise as the Tribunal considers appropriate.\n(3) However, the Tribunal must not approve reimbursement of\nexpenses contrary to an express provision in the advance personal\nplan.\nNote for section 35\nThis section applies only to costs incurred by the decision maker in the person's\ncapacity as decision maker. For reimbursement of expenses incurred in providing\nother services, see section 37.\n\nPart 3 Decision makers\nDivision 4 Reimbursement and remuneration\nAdvance Personal Planning Act 2013 22\n36 Remuneration for professional decision maker\n(1) A professional decision maker is entitled to reasonable\nremuneration from the represented adult:\n(a) as authorised in the advance personal plan by which the\ndecision maker was appointed; or\n(b) as approved by the Tribunal by order under section 59(2)(d).\n(2) However, the Tribunal must not approve payment of remuneration\ncontrary to an express provision in the advance personal plan.\n(3) This section does not affect any right of the Public Trustee or a\ntrustee company to remuneration or commission under another Act\nor the Corporations Act 2001.\n(4) In this section:\nprofessional decision maker means one of the following:\n(a) the Public Trustee;\n(b) the Public Guardian;\n(c) a licensed trustee company (as defined in section 601RAA of\nthe Corporations Act 2001);\n(d) another person who carries on the business of, or including,\nproviding services as a decision maker.\nNote for section 36\nThis section applies only to remuneration for services provided by the decision\nmaker in the person's capacity as decision maker. For remuneration for providing\nother services, see section 37.\n37 Reimbursement and remuneration for other services provided\nby decision maker to represented adult\n(1) This section applies if a person who is a decision maker also\nprovides other services to the represented adult.\n(2) The person is not entitled to either of the following from the\nrepresented adult unless approved under subsection (3):\n(a) reimbursement for costs incurred in providing the other\nservices;\n(b) remuneration for providing the other services.\n\nPart 4 Consent to health care action\nAdvance Personal Planning Act 2013 23\n(3) Approval for reimbursement or remuneration may be given:\n(a) by the represented adult in the advance personal plan by\nwhich the decision maker was appointed; or\n(b) by the Tribunal by order under section 59(2)(d).\n(4) The Tribunal must not give approval unless satisfied that:\n(a) it is reasonable in the circumstances for the person who is the\ndecision maker to also provide the other services; and\n(b) the amount to be paid is reasonable.\n(5) In this section:\nprovide other services, to a represented adult, includes to act as\na carer for the represented adult.\nPart 4 Consent to health care action\n38 Scope of consent decisions\nA consent decision about health care action:\n(a) may be made in relation to health care to be provided in a\nparticular instance or a course of health care to be provided\nover a period of time; and\n(b) may be made about one or more particular health care actions\nor generally about all health care action; and\n(c) may be made so as to apply:\n(i) in all circumstances; or\n(ii) only in stated circumstances; or\n(iii) in all circumstances except in stated circumstances.\n39 When statement in advance personal plan constitutes advance\nconsent decision\n(1) A statement in an advance personal plan about health care action\nmay be:\n(a) an advance consent decision (as mentioned in\nsection 8(1)(a)); or\n(b) an advance care statement (as mentioned in section 8(1)(b)).\n\nPart 4A Dealings in relation to land\nDivision 1 Dealings by decision makers\nAdvance Personal Planning Act 2013 24\n(2) A statement constitutes an advance consent decision if:\n(a) it is an express statement of the adult's consent or refusal of\nconsent for the health care action; or\n(b) it would be reasonable to conclude from the statement that the\nadult would or would not want the health care action to be\ntaken in the circumstances that exist at the time it is proposed\nto take the health care action.\nExamples for subsection (2)\n1 A statement that \"I do not want to be given a blood transfusion in any\ncircumstances\" is a clear statement refusing consent for a blood\ntransfusion.\n2 A statement that \"If I have a terminal illness and am going to die soon, I do\nnot want to be given treatment just to keep me alive for a little bit longer –\njust keep me pain free\" may constitute consent for a terminally ill person to\nbe given pain relief and for other treatment to be discontinued.\n(3) A statement that does not constitute an advance consent decision\nis an advance care statement.\nExample for subsection (3)\nA statement that \"I want all decisions that are made for me to be made strictly in\naccordance with my religious belief as a Catholic\" would not be an advance\nconsent decision, but would be an advance care statement.\nPart 4A Dealings in relation to land\nDivision 1 Dealings by decision makers\n55A Advance personal plan must be registered\n(1) A dealing in relation to land purporting to take effect as a result of\nthe exercise of authority by a decision maker is of no effect unless,\nat the time the authority was purportedly exercised, an advance\npersonal plan conferring authority to enter into the dealing on the\ndecision maker was registered.\n(2) However, if:\n(a) at the time the authority was purportedly exercised, an\nadvance personal plan conferring the authority on the decision\nmaker was in force (although not registered); and\n(b) an advance personal plan conferring that authority on the\ndecision maker is subsequently registered;\nthe dealing takes effect immediately after the plan is registered.\n\nPart 4A Dealings in relation to land\nDivision 2 Advance Personal Plans (Part 4A) Register\nAdvance Personal Planning Act 2013 25\n(3) For the purpose of this section, if an advance personal plan has\nbeen registered:\n(a) the terms of the plan at a particular time are taken to be the\nterms of the plan when it was first registered as amended by\nany amendments that have been registered before the time in\nquestion; and\n(b) a person appointed by the plan as a decision maker is taken\nto continue to be a decision maker until a notice to the\ncontrary is registered as mentioned in section 55C(1)(c); and\n(c) the plan is taken to remain in force until a notice to the\ncontrary is registered as mentioned in section 55C(1)(d).\n(4) Subsection (3) does not apply in relation to a person who, at any\nrelevant time, knows that:\n(a) the advance personal plan has been amended in a material\nway by an amendment that has not been registered; or\n(b) a person's appointment as a decision maker under the plan\nhas ceased under section 19(1); or\n(c) the plan has ceased to be in force under section 11(b).\n(5) This section does not apply in relation to a dealing in relation to\nland that is a lease for a period not exceeding 1 year.\nDivision 2 Advance Personal Plans (Part 4A) Register\n55B Advance Personal Planning (Part 4A) Register\n(1) The Registrar-General must establish and maintain a register of\nadvance personal plans under which a decision maker is authorised\nto enter into dealings in relation to land (the Advance Personal\nPlanning (Part 4A) Register).\n(2) Subject to the regulations, the Registrar-General may keep the\nAdvance Personal Planning (Part 4A) Register in any form the\nRegistrar-General considers appropriate.\n(3) Registration of an advance personal plan in the Advance Personal\nPlanning (Part 4A) Register is optional and non registration does\nnot affect the validity or effect of the advance personal plan.\nNote for subsection (3)\nWhile non registration does not affect the validity or effect of the plan, non\nregistration does affect the effectiveness of any dealing in relation to land entered\ninto by the decision maker (see section 55A).\n\nPart 5 Civil and Administrative Tribunal\nDivision 1 Preliminary matters\nAdvance Personal Planning Act 2013 26\n55C Registration of advance personal plans\n(1) The Registrar-General may register any of the following in the\nAdvance Personal Planning (Part 4A) Register:\n(a) an advance personal plan under which a decision maker is\nauthorised to enter into a dealing in relation to land for the\nrepresented adult;\n(b) an amendment to a registered advance personal plan;\n(c) a notice that a person who was a decision maker under a\nregistered advance personal plan has ceased to be a decision\nmaker as mentioned in section 19(1);\n(d) a notice that a registered advance personal plan has ceased\nto be in force as mentioned in section 11(b);\n(e) any other document relating to an advance personal plan:\n(i) that is prescribed by the regulations; or\n(ii) that the Registrar-General considers it is appropriate to\nrecord in the Advance Personal Planning (Part 4A)\nRegister.\n(2) An application for registration must be:\n(a) made in accordance with the regulations; and\n(b) accompanied by any fee prescribed as mentioned in\nsection 55D.\n55D Fees\nRegulations under the Registration Act 1927 may prescribe fees\npayable in relation to the Advance Personal Planning (Part 4A)\nRegister.\nPart 5 Civil and Administrative Tribunal\nDivision 1 Preliminary matters\n55E Definitions\nIn this Part:\nproceeding means a proceeding before the Tribunal in relation to a\nmatter under this Act.\n\nPart 5 Civil and Administrative Tribunal\nDivision 1A Jurisdiction of Tribunal\nAdvance Personal Planning Act 2013 27\nTribunal Act means the Northern Territory Civil and Administrative\nTribunal Act 2014.\nDivision 1A Jurisdiction of Tribunal\n56 Jurisdiction of Tribunal\n(1) The Tribunal has jurisdiction to deal with matters under this Act.\n(2) The jurisdiction comes within the Tribunal's original jurisdiction.\n57 Tribunal to act in accordance with decision-making principles\nIn exercising its jurisdiction in relation to a matter under this Act, the\nTribunal must act in accordance with the decision-making principles\nas if it were a decision maker.\n58 Declarations as to validity, status, powers etc.\nThe Tribunal may make a declaration as to one or more of the\nfollowing:\n(a) whether an adult has impaired decision-making capacity for a\nmatter;\n(b) whether an advance personal plan is or is not valid;\n(c) whether a statement in an advance personal plan about health\ncare action is an advance consent decision or an advance\ncare statement;\n(d) whether an advance consent decision or advance care\nstatement is or is not applicable in a particular circumstance;\n(e) whether or not a decision maker has authority for a matter;\n(f) the scope of the authority of a decision maker;\n(g) any other matter relating to the validity, effect or meaning of\nan advance personal plan (including an advance consent\ndecision, advance care statement or appointment in the plan);\n(h) any other matter relating to the making of a consent decision\nabout health care action for an adult who has impaired\ndecision-making capacity for making the consent decision;\n(i) any other matter arising for determination under this Act.\n\nPart 5 Civil and Administrative Tribunal\nDivision 1A Jurisdiction of Tribunal\nAdvance Personal Planning Act 2013 28\n59 Orders to decision makers\n(1) The Tribunal may make orders as to the exercise by a decision\nmaker of the decision maker's authority.\n(2) Without limiting subsection (1), the Tribunal may make orders as\nfollows:\n(a) as to how the decision maker may, must, or must not, exercise\nthe decision maker's authority so as to comply with\nsection 21(1);\n(b) if 2 or more decision makers who are appointed to exercise\ntheir authority for a matter jointly are unable to reach a\nunanimous decision as required by section 21(2) – to facilitate\nthe resolution of their differences;\n(c) authorising the decision maker to act as mentioned in\nsection 31(2)(b)(ii), 32(3) or 33(3);\n(d) approving reimbursement or remuneration for the decision\nmaker as mentioned in section 35(1)(b), 36(1)(b) or 37(3)(b);\n(e) if the represented adult has 2 or more agents – to facilitate a\nreasonable and workable division of decision-making authority\nbetween the agents.\n(3) The Tribunal must not make an order under subsection (1) requiring\nor permitting the decision maker to act contrary to an express\nprovision of the advance personal plan by which the decision maker\nwas appointed.\n(4) The Tribunal may make an order about the exercise of the decision\nmaker's authority generally or for a particular circumstance.\n60 Orders to former decision maker\n(1) This section applies if a person has ceased to be a decision maker\nfor an adult.\n(2) The Tribunal may make the orders the Tribunal considers\nappropriate to provide for:\n(a) if the represented adult is still alive – the orderly transfer of\ndecision-making authority from the person to the represented\nadult or to another agent for the adult (as appropriate); or\n(b) if the represented adult has died – the orderly transfer of the\nadult's estate to the executor or administrator of the estate.\n\nPart 5 Civil and Administrative Tribunal\nDivision 1A Jurisdiction of Tribunal\nAdvance Personal Planning Act 2013 29\n61 Tribunal may amend or revoke advance personal plan\n(1) This section applies if a person who has made an advance\npersonal plan no longer has planning capacity.\n(2) There are grounds for amending the advance personal plan if one\nor more of the following applies:\n(a) giving effect to the plan is, for all practical purposes,\nimpossible;\n(b) giving effect to the plan is unlawful;\n(c) giving effect to the statement would impose a burden on\nanother person that is so unreasonably onerous that it is\njustifiable to override the adult's wishes;\n(d) there is no reasonable possibility the adult would have\nintended the plan to have the effect that it has or will have;\n(e) giving effect to the plan would be so unreasonable that it is\njustifiable to override the adult's wishes;\n(f) when making the plan (or an amendment of it) the adult:\n(i) was not acting voluntarily; or\n(ii) was adversely affected by the dishonesty or undue\ninfluence of another person;\n(g) a decision maker appointed by the plan has failed to comply\nwith section 21(1);\n(h) there has been a major change in circumstances since the\nplan was made;\n(i) the adult has 2 or more agents and an amendment of the plan\nis necessary to facilitate a reasonable and workable division of\ndecision-making authority between the agents.\nExample for subsection (2)(h)\nMajor changes in circumstances might include the following:\n(a) a person appointed as decision maker losing decision-making capacity;\n(b) the adult getting divorced or becoming estranged from other family\nmembers;\n(c) a decision maker being convicted of an offence that makes it unsuitable for\nhim or her to continue to be a decision maker.\n\nPart 5 Civil and Administrative Tribunal\nDivision 1A Jurisdiction of Tribunal\nAdvance Personal Planning Act 2013 30\n(3) The Tribunal may amend the advance personal plan if satisfied\nthat:\n(a) there are grounds for amending the plan; and\n(b) the amendment is reasonably necessary to address those\ngrounds; and\n(c) if the adult had planning capacity, he or she would agree to\nthe amendment.\n(4) However, the Tribunal may amend the advance personal plan so as\nto terminate the appointment of a person as a decision maker only\nif satisfied that doing so is the only practicable way to address the\ngrounds for amendment.\n(5) The Tribunal may revoke the advance personal plan if satisfied that:\n(a) there are grounds for amending the plan; and\n(b) revoking the plan is the only practicable way to address those\ngrounds; and\n(c) if the adult had planning capacity, he or she would agree to\nthe revocation.\n62 Tribunal to endorse cessation of decision maker\n(1) This section applies if:\n(a) a person ceases to be a decision maker but the advance\npersonal plan remains in force; and\n(b) the represented adult no longer has planning capacity.\nNote for subsection (1)\nThe advance personal plan may remain in force because it also appoints another\nperson as a decision maker or because it also contains advance consent\ndecisions or advance care statements.\n(2) If the Registrar (as appointed under section 143 of the Tribunal Act)\nis satisfied that this section applies, the Registrar must endorse on\nthe advance personal plan the fact that the person has ceased to\nbe a decision maker.\n(3) An application for endorsement may be made by:\n(a) the represented adult; or\n(b) the former decision maker; or\n\nPart 5 Civil and Administrative Tribunal\nDivision 2 Procedure for Tribunal\nAdvance Personal Planning Act 2013 31\n(c) an interested person for the represented adult.\nDivision 2 Procedure for Tribunal\n66 How proceeding to be commenced\n(1) A proceeding must be commenced by application made in\naccordance with the Tribunal Act.\n(2) An application may be made by:\n(a) the affected adult; or\n(b) an interested person for the affected adult.\n(3) An application for an order under section 60 may also be made by:\n(a) the former decision maker; or\n(b) if the represented adult has died – the executor or\nadministrator of the adult's estate.\n(4) An application for an order under section 69(2) or 70(3) may also\nbe made by another person who the Tribunal is satisfied has a\nproper interest in the proceedings.\n67 Parties\nIn a proceeding, in addition to the persons mentioned in section 127\nof the Tribunal Act, each of the following is a party:\n(a) if the applicant is not the affected adult – the affected adult;\n(b) any other interested person for the affected adult who, on\napplication, is permitted by the Tribunal to join the proceeding.\nNote for section 67\nUnder section 127(1)(a) of the Tribunal Act, the applicant is a party to\nproceedings. Under section 128 of that Act, the Tribunal may join any other\nperson as a party if the Tribunal considers it desirable for the person to be a\nparty.\n69 Tribunal proceedings to be private\n(1) Despite section 60 of the Tribunal Act, a proceeding is to be\nconducted in private and not open to the public.\n(2) However, the Tribunal may order that proceedings be open to the\npublic if it appears to the Tribunal that justice will be best served by\ndoing so.\n\nPart 5 Civil and Administrative Tribunal\nDivision 2 Procedure for Tribunal\nAdvance Personal Planning Act 2013 32\n69A Reasons may be given orally\n(1) Despite section 105(2) of the Tribunal Act, the Tribunal may give\nthe reasons for the decision in any proceeding and any relevant\nfindings of fact (the reasons) orally to the parties to the proceeding.\n(2) A party to the proceeding may apply to the Tribunal to give the\nreasons in writing, and the Tribunal must do so within 28 days after\nthe application is made.\n(3) A party to the proceeding who proposes to make an application\nunder subsection (2) must do so within 28 days after the reasons\nare given orally.\n(4) Section 105(4) of the Tribunal Act applies to the time limit\nmentioned in subsection (2).\n70 Reporting on proceedings relating to Part 4\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in the publication of information about\nPart 4 proceedings that identifies the adult who is the subject\nof the proceedings or enables the identity of the adult to be\nascertained and the person is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Subsection (1) does not apply if the Tribunal has authorised the\npublication of the information.\n(3) The Tribunal may, by order, authorise publication of information that\nis otherwise prohibited only if satisfied that publication:\n(a) is consistent with the decision-making principles; and\n(b) is in the public interest.\n(4) In this section:\nPart 4 proceedings means proceedings relating to a matter arising\nunder Part 4.\npublication includes broadcast and dissemination.\n\nPart 6 Enforcement\nDivision 1 Investigations\nAdvance Personal Planning Act 2013 33\nPart 6 Enforcement\nDivision 1 Investigations\n75 Requirement to provide information, produce documents etc.\n(1) The Chief Executive Officer may exercise the powers under this\nsection for the purposes of:\n(a) assessing whether or not the provisions of this Act are being\ncomplied with; or\n(b) seeking evidence of a suspected offence against this Act.\n(2) The Chief Executive Officer may, by written notice, require a person\nwho the Chief Executive Officer reasonably believes has\ninformation or a document or other thing that is relevant for those\npurposes to do one or more of the following:\n(a) provide the information to the Chief Executive Officer;\n(b) produce the document or thing to the Chief Executive Officer\nfor inspection;\n(c) answer questions asked by the Chief Executive Officer.\n(3) The Chief Executive Officer may make copies of, or otherwise\nmake a record of, a document or thing produced for inspection.\n(4) A person commits an offence if:\n(a) the person has been given a notice under subsection (2); and\n(b) engages in conduct that results in a contravention of the\nnotice.\nMaximum penalty: 200 penalty units.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n(6) Without limiting subsection (5), it is a reasonable excuse for an\nindividual to fail to comply with the requirement if doing so might\ntend to incriminate the individual.\n\nPart 6 Enforcement\nDivision 2 Offences\nAdvance Personal Planning Act 2013 34\nDivision 2 Offences\n76 Falsely representing to be decision maker\n(1) A person commits an offence if:\n(a) the person intentionally represents, by words or conduct, that\nthe person or another person:\n(i) is a decision maker; or\n(ii) is a decision maker with authority for a particular matter;\nand\n(b) the representation is false and the person has knowledge of\nthat circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally represents, by words or conduct, that\nthe person or another person:\n(i) is a decision maker; or\n(ii) is a decision maker with authority for a particular matter;\nand\n(b) the representation is false and the person has knowledge of\nthat circumstance; and\n(c) the person makes the representation with the intention of\nobtaining a benefit for the person or another person.\nMaximum penalty: Imprisonment for 7 years.\n77 Improper inducement in relation to advance personal plan\nA person commits an offence if:\n(a) the person engages in conduct with intent to induce another\nperson to make, amend or revoke an advance personal plan;\nand\n(b) the conduct involves dishonesty or undue influence.\nMaximum penalty: Imprisonment for 7 years.\n\nPart 6 Enforcement\nDivision 2 Offences\nAdvance Personal Planning Act 2013 35\n78 Improper exercise of authority by decision maker\n(1) A decision maker commits an offence if:\n(a) the decision maker intentionally engages in conduct in the\nexercise of the decision maker's authority as a decision\nmaker; and\n(b) the conduct results in a contravention of section 21(1) and the\ndecision maker is reckless in relation to the result.\nMaximum penalty: Imprisonment for 5 years.\n(2) A decision maker commits an offence if:\n(a) the decision maker intentionally engages in conduct\npurportedly in the exercise of the decision maker's authority as\na decision maker for a matter; and\n(b) the represented adult does not have impaired decision-making\ncapacity for the matter and the decision maker is reckless in\nrelation to that circumstance.\nMaximum penalty: Imprisonment for 5 years.\n(3) A decision maker commits an offence if:\n(a) the decision maker intentionally engages in conduct in the\nexercise of the decision maker's authority as a decision\nmaker; and\n(b) the conduct results in a contravention of section 21(1) and the\ndecision maker is reckless in relation to the result; and\n(c) the decision maker engages in the conduct with the intention\nof obtaining a benefit for the decision maker or another\nperson.\nMaximum penalty: Imprisonment for 7 years.\n(4) A decision maker commits an offence if:\n(a) the decision maker intentionally engages in conduct\npurportedly in the exercise of the decision maker's authority as\na decision maker for a matter; and\n(b) the represented adult does not have impaired decision-making\ncapacity for the matter and the decision maker is reckless in\nrelation to that circumstance; and\n\nPart 6 Enforcement\nDivision 2 Offences\nAdvance Personal Planning Act 2013 36\n(c) the decision maker engages in the conduct with the intention\nof obtaining a benefit for the decision maker or another\nperson.\nMaximum penalty: Imprisonment for 7 years.\n79 Inducing decision maker to exercise authority improperly\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct induces a decision maker to contravene\nsection 21(1) and the person has intention in relation to that\nresult.\nMaximum penalty: Imprisonment for 5 years.\n(2) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct induces a decision maker to contravene\nsection 21(1) and the person has intention in relation to that\nresult; and\n(c) the person engages in the conduct with the intention of\nobtaining a benefit for the person or another person.\nMaximum penalty: Imprisonment for 7 years.\n80 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an Agency officer; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the Agency officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n\nPart 6 Enforcement\nDivision 2 Offences\nAdvance Personal Planning Act 2013 37\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an Agency officer; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the Agency officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the Agency\nofficer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe Agency officer the information necessary to remedy the\nmisleading aspect of the document.\n(5) In this section:\nacting in an official capacity, in relation to an Agency officer,\nmeans the officer is exercising authority under, or otherwise related\nto the administration of, this Act.\nAgency officer means the Chief Executive Officer, a delegate of\nthe Chief Executive Officer or a public sector employee employed in\nthe Agency.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n\nPart 6 Enforcement\nDivision 4 Consequences of finding of guilt\nAdvance Personal Planning Act 2013 38\nDivision 3 Criminal liability for offences\n81 Alternative verdicts\n(1) This section applies if, in a proceeding against a person charged\nwith an offence against a provision mentioned in the following Table\n(the prosecuted offence), the trier of fact:\n(a) is not satisfied beyond reasonable doubt that the person\ncommitted the prosecuted offence; but\n(b) is satisfied beyond reasonable doubt that the person\ncommitted the offence specified in the Table as the alternative\noffence for the prosecuted offence.\n(2) The trier of fact may find the person not guilty of the prosecuted\noffence but guilty of the alternative offence.\nTable Alternative verdicts\nProsecuted offence Alternative offence\nsection 76(2) section 76(1)\nsection 78(3) section 78(1)\nsection 78(4) section 78(2)\nsection 79(2) section 79(1)\nDivision 4 Consequences of finding of guilt\n82 Termination of appointment as decision maker and\ndisqualification\n(1) If a court finds a person guilty of an offence against this Act, the\nTribunal, in addition to any penalty imposed by the court on the\nperson, may make an order to do either or both of the following:\n(a) if the person is a decision maker – terminate the person's\nappointment as decision maker;\n(b) disqualify the person from being a decision maker for the\nperiod specified by the Tribunal.\n(2) A person who is disqualified under subsection (1)(b) cannot be\nappointed as, or exercise authority as, a decision maker during the\nperiod of the disqualification.\n\nPart 6 Enforcement\nDivision 5 Legal proceedings\nAdvance Personal Planning Act 2013 39\n83 Payment of compensation to represented adult\n(1) This section applies if a person (the offender) is found guilty of an\noffence against any of sections 76 to 79.\n(2) If the court finding the offender guilty is satisfied that the conduct of\nthe offender in committing the offence caused loss to the\nrepresented adult, the court may order the offender to pay\ncompensation to the represented adult for that loss.\n(3) If the represented adult is dead, a reference in subsection (2) to the\nrepresented adult includes a reference to the adult's estate.\n(4) The standard of proof for a matter under this section is the balance\nof probabilities.\n(5) This section does not affect any civil liability the offender may have\nin relation to the conduct constituting the offence, but any\ncompensation paid under this section must be taken into account in\nassessing damages in a later civil action.\n(6) In this section:\nrepresented adult includes:\n(a) for an offence against section 76 – a person for whom the\noffender represented that the offender was a decision maker;\nand\n(b) for an offence against section 77 – a person whom the\noffender sought to induce to make, amend or revoke an\nadvance personal plan.\nDivision 5 Legal proceedings\n84 Commencement of prosecution\nProceedings for an offence against this Act may be started only by:\n(a) the Chief Executive Officer; or\n(b) a person authorised by the Minister.\n85 When prosecution to be started\nProceedings for an offence against this Act that is a summary\noffence may be started within 2 years after the date on which the\nChief Executive Officer first became aware of the commission of the\noffence.\n\nPart 7 Miscellaneous matters\nAdvance Personal Planning Act 2013 40\nPart 7 Miscellaneous matters\n86 Approved forms\n(1) The Minister may approve forms for use as mentioned in section 9.\n(2) The Chief Executive Officer must ensure that an approved form:\n(a) is published in the Gazette as soon as practicable after it is\napproved; and\n(b) is available for members of the public to download or print\nfrom the Agency's website.\n87 Advance Personal Plans (General) Register\n(1) The Chief Executive Officer may establish a register of advance\npersonal plans for the purpose of:\n(a) providing a repository for the safe-keeping of advance\npersonal plans; and\n(b) making them available to persons who have a proper interest\nin knowing whether an adult has an advance personal plan,\nand if so the terms on the plan.\nExample for subsection (1)\nA medical practitioner treating a person who has lost decision-making capacity\nwould have a proper interest in finding out whether the person has an advance\npersonal plan as it might contain an advance consent decision or appoint a\ndecision maker.\n(2) Registration of an advance personal plan in a register established\nunder subsection (1) is optional and non-registration does not affect\nthe validity or effect of the advance personal plan.\nNote for subsection (2)\nPart 4A makes provision in relation to decision makers entering into dealings in\nrelation to land, including requiring registration of the advance personal plan in\nthe Advance Personal Planning (Part 4A) Register, which is a separate register\nestablished under that Part.\n88 Recognition of interstate documents\n(1) Subject to this section, a recognised interstate document has effect\nin the Territory as if it were an advance personal plan made under\nthis Act.\n(2) This Act, other than Parts 2 and 3, applies to a recognised\ninterstate document as if it were an advance personal plan made\nunder this Act.\n\nPart 8 Repeals and transitional matters\nDivision 1 Repeals\nAdvance Personal Planning Act 2013 41\n(3) An amendment or revocation of a recognised interstate document\nby the maker must be made in accordance with the corresponding\nlaw under which it was made.\n(4) A person appointed by a recognised interstate document to make\ndecisions for the maker of the document has, in the Territory, the\nsame rights, powers and responsibilities as the person has under\nthe corresponding law under which it was made.\n(5) However, the regulations may limit, or impose conditions on the\nexercise of, the rights and powers mentioned in subsection (4).\n(5A) This section applies regardless of when the recognised interstate\ndocument was made.\n(6) In this section:\ncorresponding law means a law of the Commonwealth, a State or\nanother Territory that is prescribed by regulation to be a\ncorresponding law for this section.\nrecognised interstate document means a document made under\na corresponding law that is of a kind prescribed by regulation to be\na recognised interstate document.\n89 Other rights not affected\nThis Act does not affect any other right an adult may have,\notherwise than under this Act, in relation to the making of decisions\nabout the adult's care or welfare (including health care) or property\nor financial affairs.\n90 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may prescribe fees payable under this Act.\nPart 8 Repeals and transitional matters\nDivision 1 Repeals\n91 Natural Death Act 1988 repealed\nThe Natural Death Act 1988 (Act No. 51, 1988) is repealed.\n\nPart 8 Repeals and transitional matters\nDivision 3 Transitional matters for Advance Personal Planning Amendment Act 2016\nAdvance Personal Planning Act 2013 42\nDivision 2 Transitional matters for Advance Personal\nPlanning Act 2013\n92 Continuation of directions under Natural Death Act 1988\n(1) On the commencement of section 91, an existing direction\nbecomes an advance personal plan that contains an advance\nconsent decision in accordance with its terms.\n(2) The advance personal plan has effect as if it had been made in\naccordance with this Act.\n(3) In this section:\nexisting direction means a direction made under section 4 of the\nNatural Death Act 1988 if:\n(a) it was made before the commencement of section 91; and\n(b) it had not been revoked before that commencement; and\n(c) the person who made it was alive as at that commencement.\nDivision 3 Transitional matters for Advance Personal\nPlanning Amendment Act 2016\n93 Definitions\nIn this Division:\namending Act means the Advance Personal Planning Amendment\nAct 2016.\ncommencement means the commencement of the amending Act.\nCourt means the Local Court.\nnew APP Act means the Advance Personal Planning Act 2013, as\nin force immediately after the commencement.\nold APP Act means the Advance Personal Planning Act 2013, as\nin force immediately before the commencement.\n94 Appeals to Supreme Court\n(1) This section applies if, immediately before the commencement:\n(a) a decision of the Court was the subject of an appeal to the\nSupreme Court under section 71 of the old APP Act that had\nnot been decided by the Supreme Court; or\n\nPart 8 Repeals and transitional matters\nDivision 3 Transitional matters for Advance Personal Planning Amendment Act 2016\nAdvance Personal Planning Act 2013 43\n(b) an appeal against a decision of the Court could be, but had\nnot been, made to the Supreme Court under section 71 of the\nold APP Act.\n(2) For subsection (1)(a), the Supreme Court must decide the appeal\nunder the old APP Act.\n(3) For subsection (1)(b), an appeal may be made to the Supreme\nCourt as if the old APP Act still applied and the Supreme Court\nmust decide the appeal under the old APP Act.\n(4) If, as a result of deciding the appeal, the Supreme Court refers the\nmatter back to the Court for reconsideration under section 74(1)(e)\nof the old APP Act, the Court must reconsider the matter under the\nold APP Act.\n(5) Any order of the Court following the reconsideration of the matter\nhas effect as if it were an order made by the Tribunal under the new\nAPP Act.\n95 Applications to Local Court\n(1) This section applies if, before the commencement:\n(a) an application was made to the Court under the old APP Act;\nand\n(b) the application was not determined by the Court.\n(2) The Court must hear and determine the application under the old\nAPP Act.\n(3) Any order of the Court has effect as if it were an order made by the\nTribunal under the new APP Act.\n96 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nPart 8 Repeals and transitional matters\nDivision 4 Transitional matters for Health Care Decision Making Act 2023\nAdvance Personal Planning Act 2013 44\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\nDivision 4 Transitional matters for Health Care Decision\nMaking Act 2023\n97 Consent decision about health care\n(1) An advance consent decision about health care action set out in an\nadvance personal plan that is in effect immediately before the\ncommencement of Part 2 of the Health Care Decision Making\nAct 2023 continues to have effect in accordance with its terms after\nthat commencement.\n(2) A consent decision, in relation to health care action, made by a\ndecision maker or adult guardian under this Act that is in effect\nimmediately before the commencement of Part 2 of the Health Care\nDecision Making Act 2023 continues to have effect in accordance\nwith its terms after that commencement.\n\nENDNOTES\nAdvance Personal Planning Act 2013 45\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAdvance Personal Planning Act 2013 (Act No. 35, 2013)\nAssent date 19 December 2013\nCommenced 17 March 2014 (Gaz S14, 17 March 2014)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nAdvance Personal Planning Amendment Act 2016 (Act No. 13, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act\nNo. 15, 2016) and Gaz S74, 27 July 2016, p 1)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nSurrogacy Act 2022 (Act No. 8, 2022)\nAssent date 26 May 2022\nCommenced 20 December 2022 (Gaz S66, 20 December 2022)\n\nENDNOTES\nAdvance Personal Planning Act 2013 46\nHealth Care Decision Making Act 2023 (Act No. 19, 2023)\nAssent date 17 August 2023\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 10, 13, 16, 24, 25, 31,\n43, 53, 55D, 55E, 91, 92 and 93.\n4 LIST OF AMENDMENTS\nlt amd No. 19, 2023, s 61\ns 3 amd No. 36, 2013, s 18; No. 13, 2016, s 106; No. 15, 2016, s 4; No. 19,\n2023, s 62\ns 4 amd No. 13, 2016, s 5\ns 5 amd No. 13, 2016, s 6; No. 19, 2023, s 63\ns 6 amd No. 19, 2023, s 64\nss 6A – 6B ins No. 19, 2023, s 65\ns 8 amd No. 19, 2023, s 66\nss 11 – 14 amd No. 13, 2016, s 27\ns 20 amd No. 19, 2023, s 67\ns 21 amd No. 13, 2016, s 27; No. 19, 2023, s 68\ns 22 amd No. 36, 2013, s 19\nsub No. 19, 2023, s 69\ns 23 sub No. 19, 2023, s 69\ns 24 amd No. 8, 2022, s 59\ns 25 rep No. 19, 2023, s 70\ns 28 amd No. 13, 2016, s 7\nss 31 – 33 amd No. 13, 2016, s 27\nss 35 – 37 amd No. 13, 2016, s 27\npt 4\ndiv 1 hdg om No. 19, 2023, s 71\ns 39A ins No. 15, 2016, s 107\nrep No. 19, 2023, s 72\npt 4\ndiv 2 hdg rep No. 19, 2023, s 73\ns 40 rep No. 19, 2023, s 73\ns 41 amd No. 13, 2016, s 27\nrep No. 19, 2023, s 73\ns 42 amd No. 36, 2013, s 20; No. 13, 2016, s 27\nrep No. 19, 2023, s 73\ns 43 amd No. 15, 2016, s 108\nrep No. 19, 2023, s 73\ns 44 amd No. 13, 2016, s 27\nrep No. 19, 2023, s 73\ns 44A ins No. 36, 2013, s 21\namd No. 13, 2016, s 27\nrep No. 19, 2023, s 73\npt 4\ndiv 3 hdg rep No. 19, 2023, s 73\ns 45 amd No. 13, 2016, s 27\nrep No. 19, 2023, s 73\ns 46 amd No. 15, 2016, s 109; No. 13, 2016, s 27\nrep No. 19, 2023, s 73\n\nENDNOTES\nAdvance Personal Planning Act 2013 47\ns 47 amd No. 13, 2016, s 27\nrep No. 19, 2023, s 73\nss 48 – 49 rep No. 19, 2023, s 73\npt 4\ndiv 4 hdg rep No. 19, 2023, s 73\nss 50 – 52 rep No. 19, 2023, s 73\ns 53 amd No. 36, 2013, s 22; No. 13, 2016, s 27\nrep No. 19, 2023, s 73\nss 54 – 55 rep No. 19, 2023, s 73\npt 4A hdg ins No. 36, 2013, s 23\npt 4A\ndiv 1 hdg ins No. 36, 2013, s 23\ns 55A ins No. 36, 2013, s 23\npt 4A\ndiv 2 hdg ins No. 36, 2013, s 23\nss 55B – 55D ins No. 36, 2013, s 23\npt 5 hdg sub No. 13, 2016, s 8\npt 5\ndiv 1 hdg sub No. 13, 2016, s 8\ns 55E ins No. 13, 2016, s 8\npt 5\ndiv 1A hdg ins No. 13, 2016, s 8\ns 56 sub No. 13, 2016, s 9\ns 57 amd No. 13, 2016, s 10\nss 58 – 61 amd No. 13, 2016, s 27\ns 62 amd No. 8, 2016, s 45; No. 13, 2016, s 11\nss 63 – 64 amd No. 13, 2016, s 27\nrep No. 19, 2023, s 74\ns 65 rep No. 13, 2016, s 12\npt 5\ndiv 2 hdg amd No. 13, 2016, s 27\ns 66 amd No. 13, 2016, s 13\ns 67 sub No. 13, 2016, s 14\ns 68 rep No. 13, 2016, s 14\ns 69 amd No. 13, 2016, s 15\ns 69A ins No. 13, 2016, s 16\ns 70 amd No. 13, 2016, s 17\npt 5\ndiv 3 hdg rep No. 13, 2016, s 18\nss 71 – 74 rep No. 13, 2016, s 18\ns 76 sub No. 13, 2016, s 19\ns 78 amd No. 36, 2013, s 24; No. 38, 2014, s 2\nsub No. 13, 2016, s 20\ns 79 sub No. 13, 2016, s 20\ns 80 amd No. 13, 2016, s 21\ns 81 amd No. 13, 2016, s 22\npt 6\ndiv 4 hdg amd No. 13, 2016, s 23\ns 82 amd No. 13, 2016, s 24\ns 83 amd No. 13, 2016, s 25\ns 85 amd No. 8, 2016, s 45\ns 87 amd No. 36, 2013, s 25\ns 88 amd No. 36, 2013, s 26\npt 8\ndiv 3 hdg ins No. 13, 2016, s 26\nss 93 – 96 ins No. 13, 2016, s 26\npt 8\ndiv 4 hdg ins No. 19, 2023, s 75\n\nENDNOTES\nAdvance Personal Planning Act 2013 48\ns 97 ins No. 19, 2023, s 75","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's substantive scope has been altered by later amendments set out in the text. Most notably, section 6B makes the Act subject to the Health Care Decision Making Act 2023, which prevails to the extent of any inconsistency and has resulted in repeal or replacement of numerous Part 4 provisions (see endnotes and amendment notes). The Act also absorbs directions from the repealed Natural Death Act 1988 (s 91 and s 92) and incorporates registration requirements for land dealings (ss 55A–55C), so responsibilities for health‑care consent, property dealings and interjurisdictional recognition have been redistributed from the original version."},"complexity_factors":["Cross‑reference and primacy of Health Care Decision Making Act 2023 (s 6B) — creates interdependence between statutes and potential inconsistency resolution.","Detailed definitions and capacity tests (ss 4, 6–6A) including presumptions and support requirements — impacts assessment and timing of authority.","Multiple appointment options and modes of exercise (ss 15–19, 16–17) — joint, several, conditional and time‑limited authorities increase coordination needs.","Comprehensive decision‑making principles with mandatory precedence for advance care statements and exceptions (ss 21–23) — operational complexity and record requirements.","Financial duties modelled on trustee obligations and limits on gifts/maintenance (ss 31–33) — creates fiduciary‑style duties and compliance burdens.","Record keeping, reporting and Tribunal oversight (ss 30, 56–61, 66–70) — ongoing administrative obligations and dispute resolution pathways.","Registration regime for land dealings and two registers (ss 55A–55D, 87) — creates property‑law effects tied to registration status.","Criminal offences with graded culpability and heavy penalties (ss 76–80, 82–83) — legal risk for decision makers and third parties.","Recognition of interstate documents and extensive transitional/amendment provisions (s 88; Part 8; endnotes) — legal continuity and temporal complexity.","Tribunal and Registrar powers to amend, endorse or revoke plans (ss 59–62) — discretionary remedies that affect private autonomy and enforcement."],"plain_english_summary":"This Act creates a legal framework allowing an adult with planning capacity to make an advance personal plan to (a) give or refuse future consent to health care, (b) record care wishes, and (c) appoint one or more decision makers to act if the adult later has impaired decision-making capacity. \n\nIt sets out who may be appointed, the decision‑making principles and duties, record‑keeping, criminal offences and penalties, Tribunal powers, and a register for plans that authorise land dealings. It affects adults, appointed decision makers, health providers, registries and persons dealing with the adult's property or care."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2013 scope. Originally focused on advance personal planning and decision-making, it has been substantially modified by: (1) the 2016 amendments which transferred jurisdiction from the Local Court to the Civil and Administrative Tribunal and restructured enforcement provisions; and (2) the 2023 amendments which stripped out most of the detailed health care consent provisions (repealing Divisions 2-4 of Part 4) and handed them to the new Health Care Decision Making Act 2023. The Act now functions more as a 'framework' law for appointments and property matters, with health care details largely externalised. Additionally, Part 4A (land dealings) was inserted in 2013 by consequential amendments, adding a property registration dimension not in the original Bill."},"complexity_factors":["Multiple overlapping legislative schemes: The Act must be read alongside the Health Care Decision Making Act 2023 (which prevails in case of inconsistency), the Guardianship of Adults Act 2016, and the Powers of Attorney Act 1980","Nested conditional logic in decision-making principles (s 22): Complex hierarchy of (1) advance care statements, (2) substituted judgment (what the person would want), (3) best interests, with multiple exemptions (s 23) and specific exclusions (s 24)","Dual registration systems: Separate registers for general advance personal plans (optional, s 87) and land dealings (mandatory for validity, Part 4A), with complex deeming provisions about when unregistered plans become effective for land transactions (s 55A)","Extensive defined terms (25+ definitions in s 3 alone) including recursive definitions (e.g., 'decision-making capacity' defined by reference to 'impaired decision-making capacity' in s 6 and 6A)","Multiple appointment mechanisms for decision makers with varying triggers: joint/several authority, conditional appointments, successor appointments, and complex cessation events (s 19)","Transitional provisions spanning three amending Acts (2013, 2016, 2023) with different treatment of pending proceedings, existing documents, and offence timing","Criminal offence structure with alternative verdicts, tiered penalties (up to 7 years imprisonment), and specific mental state requirements (intention, recklessness, knowledge)","Interaction with trust law principles: Decision makers with financial powers must manage property 'as if trust property' (s 31) but this does not create an actual trust or vest property in the decision maker"],"plain_english_summary":"**What this law does:**\n\nThe *Advance Personal Planning Act 2013* (Northern Territory) lets adults plan ahead for a time when they might lose the ability to make their own decisions. Think of it as a way to write your own rulebook for your future care, finances, and medical treatment before you need it.\n\n**Three main things you can do under this Act:**\n\n1. **Make advance consent decisions** – You can say yes or no to specific medical treatments (or types of treatment) in advance. For example: \"I don't want a blood transfusion under any circumstances\" or \"If I'm terminally ill, just keep me comfortable.\"\n\n2. **Write advance care statements** – You can record your values, beliefs, and preferences to guide anyone making decisions for you later. This isn't a direct medical order, but it tells decision-makers what matters to you.\n\n3. **Appoint decision makers** – You can choose one or more trusted people (or organisations like the Public Trustee) to make decisions about your health, lifestyle, or money if you lose \"decision-making capacity\" (the ability to understand, weigh up, and communicate decisions).\n\n**Who it affects:**\n- **Adults in the NT** who want to plan for future incapacity\n- **Family members and carers** who might need to step in\n- **Health professionals** who must follow advance consent decisions or consider advance care statements\n- **Decision makers** appointed under the plan, who have legal authority to act but must follow strict rules\n\n**Key protections:**\n- The law presumes everyone has decision-making capacity until proven otherwise\n- Having a disability, mental illness, or making unpopular choices doesn't automatically mean you lack capacity\n- Decision makers must follow a hierarchy: first, your advance care statements; second, what they believe you'd want; third, your \"best interests\" (with specific factors listed)\n- There are criminal offences for people who falsely claim to be decision makers, improperly influence someone making a plan, or abuse their power as a decision maker\n\n**Why it matters:**\nThis law gives people control over their future when they might otherwise have none. It reduces family conflict by making your wishes clear, protects against elder abuse by setting rules for decision makers, and ensures health providers know what you want even if you can't tell them.\n\n**Important note on health care:**\nSince 1 July 2024, this Act works alongside the newer *Health Care Decision Making Act 2023*. If there's a conflict, the 2023 Act wins. The 2023 Act now handles most details about health care consent, while this Act focuses on the planning documents and decision-maker appointments."}},"importantCases":[],"_links":{"self":"/api/acts/advance-personal-planning-act-2013","history":"/api/acts/advance-personal-planning-act-2013/history","analysis":"/api/acts/advance-personal-planning-act-2013/analysis","conflicts":"/api/acts/advance-personal-planning-act-2013/conflicts","importantCases":"/api/acts/advance-personal-planning-act-2013/important-cases","documents":"/api/acts/advance-personal-planning-act-2013/documents"}}