{"id":"guardianship-and-administration-act-1993","name":"Guardianship and Administration Act 1993","slug":"guardianship-and-administration-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":69830,"registerId":"sa-guardianship-and-administration-act-1993-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Guardianship and Administration Act 1993","content":"South Australia\nGuardianship and Administration Act 1993\nAn Act to provide for the guardianship of persons unable to look after their own health, safety or welfare or to manage their own affairs and for the management of the estates of such persons; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tInteraction of this Act with other Acts\n5\tPrinciples to be observed\nPart 2—Administration\nDivision 3—The Public Advocate\n18\tThe Public Advocate\n19\tAppointment of Public Advocate\n20\tTerm of office of Public Advocate etc\n21\tGeneral functions of Public Advocate\n22\tPublic Advocate may raise matters with the Minister and the Attorney‑General\n23\tDelegation by Public Advocate\n24\tAnnual report\nPart 4—Orders for guardianship or administration\nDivision 1—Investigations\n28\tInvestigations by Public Advocate\nDivision 2—Guardianship orders\n29\tGuardianship orders\n30\tVariation or revocation of guardianship order\n31\tPowers of guardian\n31A\tGuardian to give effect to advance care directive\n31B\tAlternative guardian\n32\tSpecial powers to place and detain etc protected persons\n33\tApplications under this Division\n34\tReciprocal guardianship arrangements\nDivision 3—Administration orders (general)\n35\tAdministration orders\n36\tVariation or revocation of administration order\n37\tApplications under this Division\n38\tCopy of order must be forwarded to Public Trustee\n39\tPowers and duties of administrator\n40\tAdministrator's access to wills and other records\n41\tPower of administrator to continue to act after death etc of protected person\n41A\tPublic Trustee may retain money to pay outstanding debts etc\n42\tPower of administrator to avoid dispositions and contracts of protected person\n43\tWhere administration has disturbed entitlements of beneficiaries, the Supreme Court has power to intervene\n44\tReporting requirements for private administrators\n45\tReporting by Public Trustee\n46\tRemuneration of professional administrators\n47\tRegistration of administration orders\n48\tReciprocal administration powers with certain states\nDivision 3A—Administration orders (missing persons)\n48A\tAdministration orders (missing persons)\nDivision 4—Provisions applicable to guardians and administrators appointed under this Part\n49\tWithdrawal of applications\n50\tCriteria for determining suitability for appointment\n51\tConsent to appointment\n52\tJoint appointments\n54\tTermination of appointment\n55\tTribunal must give statement of appeal rights\n56\tRestriction of testamentary capacity of protected person\n57\tReview of Tribunal's orders\nPart 5—Consent to prescribed medical treatment of mentally incapacitated persons\n61\tPrescribed treatment not to be carried out without Tribunal's consent\n63\tTribunal's consent must be in writing\nPart 6—Reviews and appeals\n64\tReviews and appeals\n65\tRepresentation on reviews or appeals\nPart 6A—Special provisions relating to Tribunal\n66\tTribunal must give notice of proceedings\n67\tReasons for decisions\n68\tRepresentation of person who is subject of proceedings\n69\tTribunal may require reports\nPart 7—Miscellaneous\n74\tTribunal may give advice, direction or approval\n75\tAdministrators and guardians to keep each other informed\n76\tIlltreatment or neglect of person with mental incapacity\n77\tOffences in relation to certain certificates and reports\n78\tMedical practitioner, psychologist or other health professional cannot act under this Act in respect of a relative\n80\tDuty to maintain confidentiality\n81\tProhibition of publication of reports of proceedings\n82\tService of notices\n83\tMatters to consider when deciding whether to appoint Public Advocate as litigation guardian\n85\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Guardianship and Administration Act 1993.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nadministration order means a full or limited administration order under this Act appointing an administrator of the whole or a part of a person's estate;\nadministrator means a person appointed as an administrator under an administration order;\nadvance care directive means an advance care directive given under the Advance Care Directives Act 2013 that is in force;\ndecision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013;\ndental treatment means treatment or procedures carried out by a dentist in the course of dental practice;\ndentist means a person who is registered as a dental practitioner under the law of this State;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nguardian means a person appointed as a guardian under a guardianship order;\nguardianship order means an order under this Act placing a person under full or limited guardianship;\nhealth professional means a person who is authorised under the law of this State to practise any of the following professions:\n\t(a)\tchiropractic or osteopathy;\n\t(b)\tnursing;\n\t(c)\toccupational therapy;\n\t(d)\toptometry;\n\t(e)\tpharmacy;\n\t(f)\tphysiotherapy;\n\t(g)\tpodiatry;\n\t(h)\tpsychology;\ninternal review means a review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nmedical treatment means the provision by a medical practitioner of physical, surgical or psychological therapy to a person (including the provision of such therapy for the purposes of preventing disease, restoring or replacing bodily function in the face of disease or injury or improving comfort and quality of life) and includes the prescription or supply of drugs;\nmental incapacity means the inability of a person to look after his or her own health, safety or welfare or to manage his or her own affairs, as a result of—\n\t(a)\tany damage to, or any illness, disorder, imperfect or delayed development, impairment or deterioration of, the brain or mind; or\n\t(b)\tany physical illness or condition that renders the person unable to communicate his or her intentions or wishes in any manner whatsoever;\nmentally incapacitated person means a person with a mental incapacity;\nperson responsible for another person, means—\n\t(a)\tany of the following persons if he or she has a close and continuing relationship with the other person:\n\t(i)\ta prescribed relative of the other person;\n\t(ii)\ta parent of the other person (including an adoptive parent and a step‑parent);\n\t(iii)\tif the other person is under 18 years of age—an adult who acts in loco parentis in relation to the other person;\n\t(iv)\tan adult friend of the other person; or\n\t(b)\tan adult who is charged with overseeing the ongoing day‑to‑day supervision, care and well‑being of the other person;\nExample—\nThe director of nursing in an aged care facility would be such a person.\nperson to whom the proceedings relate, in relation to any proceedings before the Tribunal or a court, means the person who has or is alleged to have a mental incapacity or mental illness, or the protected person, as the case may be;\nprescribed relative—the following persons are prescribed relatives of a person:\n\t(a)\ta person who is legally married to the person;\n\t(b)\tan adult domestic partner of the person (within the meaning of the Family Relationships Act 1975 and whether declared as such under that Act or not);\n\t(c)\tan adult related to the person by blood or marriage;\n\t(d)\tan adult related to the person by reason of adoption;\n\t(e)\tan adult of Aboriginal or Torres Strait Islander descent who is related to the person according to Aboriginal kinship rules or Torres Strait Islander kinship rules (as the case requires);\nprescribed treatment means—\n\t(a)\ttermination of pregnancy;\n\t(b)\tsterilisation;\n\t(c)\tany other medical treatment prescribed by the regulations;\nproperty means any legal or equitable interest in real or personal property;\nprotected person means the person the subject of a guardianship or administration order (or both) under this Act;\nthe Public Advocate means the person holding or acting in the office of Public Advocate under this Act;\nrecognised advocate means a person who is, by instrument in writing, recognised by the Tribunal as a person who is qualified to act as an advocate in proceedings before the Tribunal for the person to whom the proceedings relate;\nspouse—a person is the spouse of another if they are legally married;\nsterilisation means any treatment given to a person that results in, or is likely to result in, the person being infertile;\nsubstitute decision‑maker, in respect of a person, means a substitute decision‑maker appointed under an advance care directive given by the person under the Advance Care Directives Act 2013 that is in force;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\ntrustee company means a trustee company within the meaning of the Trustee Companies Act 1988.\n\t(2)\tFor the purposes of this Act, a woman who has ceased to menstruate will be regarded as being infertile.\n\t(3)\tFor the purposes of this Act, the Tribunal is entitled to presume that a person who purports to be in a close and continuing relationship with another person is in such a relationship unless the Tribunal knew, or ought reasonably to have known, that the 2 persons were not in such a relationship.\n\t(4)\tFor the purposes of this Act, the Tribunal is entitled to presume that a person who purports to have a particular relationship to another person (whether the relationship is based on affinity or consanguinity or otherwise) does have such a relationship unless the Tribunal knew, or ought reasonably to have known, that the person did not have such a relationship to the other person.\n\t(5)\tIf a man and woman are married according to Aboriginal tradition, they will be regarded as legally married for the purposes of this Act.\n4—Interaction of this Act with other Acts\nSubject to any express provision of this Act or the provisions of any other Act, this Act is in addition to, and does not derogate from, any other Act.\n5—Principles to be observed\nWhere a guardian, an administrator, the Public Advocate, the Tribunal or any court or other person, body or authority makes any decision or order in relation to a person or a person's estate pursuant to this Act or pursuant to powers conferred by or under this Act—\n\t(a)\tconsideration (and this will be the paramount consideration) must be given to what would, in the opinion of the decision maker, be the wishes of the person in the matter if he or she were not mentally incapacitated, but only so far as there is reasonably ascertainable evidence on which to base such an opinion; and\n\t(b)\tthe present wishes of the person should, unless it is not possible or reasonably practicable to do so, be sought in respect of the matter and consideration must be given to those wishes; and\n\t(c)\tconsideration must, in the case of the making or affirming of a guardianship or administration order, be given to the adequacy of existing informal arrangements for the care of the person or the management of his or her financial affairs and to the desirability of not disturbing those arrangements; and\n\t(d)\tthe decision or order made must be the one that is the least restrictive of the person's rights and personal autonomy as is consistent with his or her proper care and protection.\nPart 2—Administration\nDivision 3—The Public Advocate\n18—The Public Advocate\nThere will be a Public Advocate.\n19—Appointment of Public Advocate\n\t(1)\tThe Governor may, by notice published in the Gazette, appoint a person to be the Public Advocate.\n\t(2)\tSubject to this Act, the terms and conditions of appointment and employment (including salary and allowances) of the Public Advocate will be as determined by the Governor.\n20—Term of office of Public Advocate etc\n\t(1)\tThe Public Advocate will be appointed for a term of office of five years and, on the expiration of a term of office, is eligible for reappointment.\n\t(2)\tThe office of Public Advocate becomes vacant if the Public Advocate—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by notice in writing to the Governor; or\n\t(d)\tis removed from office by the Governor under subsection (3).\n\t(3)\tThe Governor may remove the Public Advocate from office for—\n\t(a)\tmental or physical incapacity to carry out official duties satisfactorily; or\n\t(b)\tneglect of duty; or\n\t(c)\tdishonourable conduct.\n21—General functions of Public Advocate\n\t(1)\tThe functions of the Public Advocate are—\n\t(a)\tto keep under review, within both the public and the private sector, all programmes designed to meet the needs of mentally incapacitated persons;\n\t(b)\tto identify any areas of unmet needs, or inappropriately met needs, of mentally incapacitated persons and to recommend to the Minister the development of programmes for meeting those needs or the improvement of existing programmes;\n\t(c)\tto speak for and promote the rights and interests of any class of mentally incapacitated persons or of mentally incapacitated persons generally;\n\t(d)\tto speak for and negotiate on behalf of any mentally incapacitated person in the resolution of any problem faced by that person arising out of his or her mental incapacity;\n\t(e)\tto give support to and promote the interests of carers of mentally incapacitated persons;\n\t(f)\tto give advice on the powers that may be exercised under this Act in relation to mentally incapacitated persons, on the operation of this Act generally and on appropriate alternatives to taking action under this Act;\n\t(g)\tto monitor the administration of this Act and, if he or she thinks fit, make recommendations to the Minister for legislative change;\n\t(h)\tto perform such other functions as are assigned to the Public Advocate by or under this Act or any other Act.\n\t(2)\tIn performing his or her functions the Public Advocate is not subject to the control or direction of the Minister.\n\t(3)\tThe Public Advocate may establish committees for the purpose of providing him or her with advice in relation to the performance of any of his or her functions.\n22—Public Advocate may raise matters with the Minister and the Attorney‑General\n\t(1)\tThe Public Advocate may, at any time, raise with the Minister and the Attorney‑General any concerns he or she may have over any matter arising out of or relating to the performance of his or her functions under this Act or any other Act.\n\t(2)\tIf the Public Advocate so requests, the Attorney-General must cause a report of any matter raised by the Public Advocate under subsection (1) to be laid as soon as practicable before both Houses of Parliament.\n\t(3)\tThe annual report furnished by the Public Advocate under this Act must include a summary of any matters raised by the Public Advocate under subsection (1).\n23—Delegation by Public Advocate\n\t(1)\tThe Public Advocate may delegate any of his or her powers or functions under this or any other Act to any Public Service employee who has been assigned to assist the Public Advocate in the performance of his or her functions or, with the approval of the Minister, to any other person.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not derogate from the power of the Public Advocate to act in any matter.\n24—Annual report\n\t(1)\tThe Public Advocate must, not later than 30 September in each year, furnish the Minister with a report on the performance by the Public Advocate of his or her functions during the year ending on the previous 30 June.\n\t(2)\tA report furnished under this section must include prescribed particulars of all applications made by the Public Advocate for the issue of a warrant under this Act during the year.\n\t(3)\tThe Minister must, within 12 sitting days of receiving a report under subsection (1), cause a copy of the report to be laid before each House of Parliament.\nPart 4—Orders for guardianship or administration\nDivision 1—Investigations\n28—Investigations by Public Advocate\n\t(1)\tThe Public Advocate must, if the Tribunal so directs for the purposes of this Part, investigate the affairs of a person—\n\t(a)\twho is the subject of application for an order under this Part; or\n\t(b)\twho has had an advance care directive revoked by the Tribunal under the Advance Care Directives Act 2013.\n\t(2)\tOn completing an investigation carried out at the direction of the Tribunal, the Public Advocate must furnish the Tribunal with a copy of the report of the investigation.\n\t(3)\tThe Tribunal may receive the copy of the report in evidence and may have regard to the matters contained in the report.\nDivision 2—Guardianship orders\n29—Guardianship orders\n\t(1)\tIf the Tribunal is satisfied (whether on an application made under this Division or on its own motion after revoking an advance care directive under the Advance Care Directives Act 2013)—\n\t(a)\tthat the person the subject of the application has a mental incapacity; and\n\t(c)\tthat an order under this section should be made in respect of the person,\nthe Tribunal may, by order, place the person under—\n\t(d)\tthe limited guardianship; or\n\t(e)\tif satisfied that an order under paragraph (d) would not be appropriate, the full guardianship,\nof such person or persons as the Tribunal considers, in all the circumstances of the case, to be the most suitable for the purpose.\n\t(2)\tA limited guardianship order is an order by which the Tribunal specifies the particular aspects of the protected person's care or welfare that are to be the responsibility of the appointed guardian or guardians.\n\t(2a)\tThe Tribunal may appoint a person (other than the Public Advocate) to be an alternative guardian who is, in accordance with section 31B, to take over full or limited guardianship, as the case may be, in the event of the death, absence or incapacity of a particular guardian (the original guardian).\n\t(3)\tA guardian must be a natural person.\n\t(4)\tThe Public Advocate may be appointed as the guardian, or one of the guardians, of the person, but only if the Tribunal considers that no other order under this section would be appropriate.\n\t(5)\tA person who cares for the protected person on a professional basis cannot be appointed as a guardian of the person.\n\t(6)\tA guardianship order may be subject to such conditions or limitations (including a limitation as to the duration of the order) as the Tribunal thinks fit and specifies in the order.\n\t(7)\tA condition or limitation imposed under subsection (6) should, as far as is reasonably practicable, be consistent with the terms of any advance care directive that the protected person has given.\n30—Variation or revocation of guardianship order\nThe Tribunal may, on an application made under this Division, by order—\n\t(a)\tvary a guardianship order; or\n\t(b)\trevoke a guardianship order.\n31—Powers of guardian\nA person appointed as a guardian under this Part has and may exercise, subject to this Act and the terms of the Tribunal's order, all the powers a guardian has at law or in equity.\n31A—Guardian to give effect to advance care directive\n\t(1)\tA person appointed as a guardian under this Part—\n\t(a)\tmust take reasonable steps to ascertain whether the protected person has given an advance care directive; and\n\t(b)\tif the protected person has given an advance care directive—must, as far as may be reasonably practicable—\n\t(i)\tgive effect to any provision in the advance care directive; and\n\t(ii)\tseek to avoid any outcome or intervention that the protected person would wish to be avoided (whether such wish is expressed or implied in the advance care directive).\n\t(2)\tFor the purposes of subsection (1), a reference to an advance care directive includes an advance care directive that was revoked by the Tribunal under the Advance Care Directives Act 2013 in proceedings that gave rise to the making of an order under this Division.\n\t(3)\tFor the purposes of this section, a reference to a provision of an advance care directive includes a reference to a condition, instruction or direction of an advance care directive.\n31B—Alternative guardian\n\t(1)\tIf an alternative guardian is appointed under section 29(2a) in relation to a protected person, the following applies on the death, absence or incapacity of the original guardian:\n\t(a)\tthe alternative guardian takes over full or limited guardianship, as the case may be, of the protected person without further proceedings;\n\t(b)\tthe alternative guardian has the same powers and duties with respect to the protected person as the original guardian had immediately before the original guardian's death, absence or incapacity.\n\t(2)\tA person who takes over guardianship under subsection (1) must, as soon as practicable after becoming aware of the circumstances of the death, absence or incapacity of the original guardian, notify the Tribunal in writing of that fact and include any relevant documentary evidence of the circumstances.\n32—Special powers to place and detain etc protected persons\n\t(a1)\tThis section applies to the following persons:\n\t(a)\ta protected person;\n\t(b)\ta person who has given an advance care directive under which at least 1 substitute decision‑maker has been appointed.\n\t(1)\tThe Tribunal, on application made by an appropriate authority in respect of a person to whom this section applies—\n\t(a)\tmay, by order, direct that the person reside—\n\t(i)\twith a specified person or in a specified place; or\n\t(ii)\twith such person or in such place as the appropriate authority from time to time thinks fit,\n(whether or not the person or place is a person with whom, or the place in which, the person usually resides) according to the terms of the Tribunal's order; and\n\t(b)\tmay, by order, authorise the detention of the person in the place in which he or she will so reside; and\n\t(c)\tmay, by order, authorise the persons from time to time involved in the care of the person to use such force as may be reasonably necessary for the purpose of ensuring the proper medical or dental treatment, day-to-day care and well-being of the person.\n\t(1a)\tAn application made by a person under this section may be heard at the same time as his or her application for appointment as guardian.\n\t(2)\tThe Tribunal cannot make an order under subsection (1) unless it is satisfied that, if such an order were not to be made and carried out, the health or safety of the person or the safety of others would be seriously at risk.\n\t(3)\tNothing in this section empowers the placement or detention of a person in—\n\t(a)\ta correctional institution or any other place in which persons charged with or convicted of offences may be detained; or\n\t(b)\tany part of an approved treatment centre under the Mental Health Act 1993 that is set aside for the treatment of persons with a mental illness.\n\t(3a)\tFor the purposes of subsection (3)(b), a ward (however described) of a hospital or other facility that is an approved treatment centre under the Mental Health Act 2009 will not be taken to be a part of an approved treatment centre unless the whole of the ward is set aside for the treatment of persons with a mental illness.\n\t(4)\tWhile an order for the placement or detention of a person is in force under this section—\n\t(a)\tthe appropriate authority or a member of the police force may enter any premises and take the person, or cause him or her to be taken, using only such force as is reasonably necessary for the purpose, to the place in which he or she is to be placed or detained, and any person who assists the appropriate authority or member of the police force in the matter incurs no liability for doing so; and\n\t(b)\tthe person in charge of the premises in which a person is being detained pursuant to the order may take, or cause to be taken, such action as is reasonably necessary for the purpose of preventing the person from leaving the premises or for bringing the person back should he or she leave without lawful authority or excuse; and\n\t(c)\tany person who takes any such action under paragraph (b) in good faith and with the authority of the person in charge of the premises incurs no liability for doing so.\n\t(5)\tThe Tribunal may, on an application under this Division, vary or revoke an order under this section.\n\t(6)\tWhere a member of the police force has reasonable cause to believe that a person who is being detained in any place pursuant to powers conferred under this section is unlawfully at large, the member may, without warrant, enter any place in which he or she believes on reasonable grounds that the protected person may be and apprehend the person, using only such force as is reasonably necessary for the purpose, and may return the person to the place in which he or she is being so detained.\n\t(7)\tA person who, without lawful authority or excuse, removes a person who is being detained in any place pursuant to powers conferred under this Act from that place, or aids or abets the person unlawfully to leave that place, is guilty of an offence.\nMaximum penalty: $10 000.\n\t(7a)\tFor the purposes of this section, a reference to residing in a specified place includes a reference to residing in the place on a temporary basis.\nNote—\nFor example, a person may temporarily reside in a hospital or rehabilitation facility.\n\t(8)\tIn this section—\nappropriate authority, in respect of a person, means—\n\t(a)\tif the person is a protected person—the guardian of the person; or\n\t(b)\tif the person is a person who has given an advance care directive under which a substitute decision‑maker has been appointed—each substitute decision‑maker appointed under the advance care directive.\n33—Applications under this Division\n\t(1)\tAn application under this Division (other than under section 32(1)) may be made by—\n\t(a)\tthe person to whom the proceedings relate; or\n\t(b)\tthe Public Advocate, on his or her own initiative, or at the request and on behalf of the person to whom the proceedings relate; or\n\t(c)\ta guardian of, or substitute decision‑maker for, the person; or\n\t(d)\tan administrator of the person's estate; or\n\t(e)\tsubject to subsection (1a)—\n\t(i)\ta person responsible for the person; or\n\t(ii)\tany other person who satisfies the Tribunal that they have a proper interest in the welfare of the person.\n\t(1a)\tSubsection (1)(e) applies subject to the following qualifications:\n\t(a)\tan application for an order under section 30 may not be made by a person referred to in subsection (1)(e) unless the person satisfies the Tribunal that the reason for the application is a change in the circumstances of—\n\t(i)\tthe person to whom the guardianship order applies; or \n\t(ii)\tthe appointed guardian (not being the Public Advocate);\n\t(b)\tan application for an order under section 32(5) may not be made by a person referred to in subsection (1)(e) unless the person satisfies the Tribunal that the reason for the application is a change in the circumstances of the person to whom the relevant order under section 32(1) applies.\n\t(2)\tApplications under this Division must be made in the manner and form determined by the Tribunal.\n34—Reciprocal guardianship arrangements\n\t(1)\tIf the Minister is satisfied that the laws of another State or a Territory of the Commonwealth relating to the guardianship of persons with a mental incapacity correspond sufficiently with this Act, the Minister may enter into arrangements with the relevant Minister in that State or Territory for the administration of guardianship orders made in respect of mentally incapacitated persons who wish to enter this State from that State or Territory or to enter that State or Territory from this State.\n\t(2)\tIf such an arrangement exists, a guardianship order made in the other State or Territory has, while the person to whom it relates is in this State, force and effect according to its terms as if it had been made under this Act.\nDivision 3—Administration orders (general)\n35—Administration orders\n\t(1)\tIf the Tribunal is satisfied, on an application made under this Division—\n\t(a)\tthat the person the subject of the application has a mental incapacity; and\n\t(b)\tthat an order under this section should be made in respect of the person,\nthe Tribunal may, by order, appoint an administrator, or administrators, of—\n\t(c)\ta specified part of the person's estate (a limited administration order); or\n\t(d)\tif satisfied that an order under paragraph (c) would not be appropriate, the whole of the person's estate (a full administration order).\n\t(2)\tAny of the following may be appointed as an administrator under this section:\n\t(a)\tthe Public Trustee;\n\t(b)\ta trustee company;\n\t(c)\tany natural person who the Tribunal considers suitable to act as administrator of the person's estate.\n\t(3)\tThe Public Trustee may only be appointed as a sole administrator under this section.\n\t(4)\tAn administration order—\n\t(a)\tmay be subject to such conditions or limitations (including a limitation as to the duration of the order) as the Tribunal thinks fit and specifies in the order; and\n\t(b)\tmay confer such further powers (beyond those conferred by this Act) on the administrator as the Tribunal thinks necessary or desirable for the proper administration of the estate and specifies in the order.\n36—Variation or revocation of administration order\nThe Tribunal may, on an application made under this Division, by order—\n\t(a)\tvary an administration order; or\n\t(b)\trevoke an administration order.\n37—Applications under this Division\n\t(1)\tAn application for an order under this Division may be made by—\n\t(a)\tthe person the subject of the application; or\n\t(b)\tthe Public Advocate, on his or her own initiative, or at the request and on behalf of the person the subject of the application; or\n\t(c)\ta guardian of, or substitute decision‑maker for, the person; or\n\t(d)\tan administrator of the person's estate; or\n\t(e)\tsubject to subsection (1a)—\n\t(i)\ta person responsible for the person; or\n\t(ii)\tany other person who satisfies the Tribunal that they have a proper interest in the welfare of the person.\n\t(1a)\tAn application for an order under section 36 may not be made by a person referred to in subsection (1)(e) unless the person satisfies the Tribunal that the reason for the application is a change in the circumstances of—\n\t(a)\tthe person to whom the administration order applies; or \n\t(b)\tthe appointed administrator (not being the Public Trustee).\n\t(2)\tApplications under this Division must be made in the manner and form determined by the Tribunal.\n38—Copy of order must be forwarded to Public Trustee\nThe Tribunal must, on making an order under this Division, cause a copy of the order to be forwarded to the Public Trustee.\n39—Powers and duties of administrator\n\t(1)\tWhere an administrator is appointed under this Division—\n\t(a)\tthe estate the subject of the order does not vest in the administrator but, subject to this Act, he or she has the control and management of it;\n\t(b)\tthe administrator has the duties and obligations of and is accountable as a trustee in relation to the estate and the protected person.\n\t(2)\tSubject to this Act and the terms of the administration order, an administrator may—\n\t(a)\tsell, either by public auction or private contract, any property, or interest in property, of the protected person; or\n\t(b)\tpurchase or otherwise acquire as an investment any property (being an authorised trustee investment) on behalf of the protected person, whether as a sole proprietor, joint tenant or tenant in common; or\n\t(c)\tpay any amount necessary to provide proper accommodation for the protected person and, in appropriate circumstances, for a spouse, domestic partner or dependent child of the protected person; or\n\t(d)\ttake on lease or concur in taking on lease any property on behalf of the protected person; or\n\t(e)\tlease or concur in the leasing of any property of the protected person; or\n\t(f)\tinsure any property of the protected person; or\n\t(g)\tpay all rates, taxes, insurance premiums or other outgoings payable in respect of the protected person's property; or\n\t(h)\tsurrender any policy of life assurance vested in the protected person; or\n\t(i)\tgrant powers of attorney to any person in or out of the State to do any act or thing with respect to the property that the administrator has power to do under this section; or\n\t(j)\tinstitute or defend, in the administrator's own name or in the name of the protected person, any action or other proceeding relating to the protected person's estate and suffer judgment to go by default, or consent to any judgment, decree, or order in the action or proceeding, upon such terms as he or she thinks fit; or\n\t(k)\tcompromise any claims or demands made against or by or on behalf of the protected person or his or her estate, upon such terms as the administrator thinks fit; or\n\t(l)\tsubmit or join in the submission of any claim or dispute to arbitration, and take any action necessary to facilitate the arbitration of any claim or dispute; or\n\t(m)\ttake criminal proceedings concerning the property; or\n\t(n)\tdemand and receive all money payable or belonging to the protected person and take any action necessary to recover that money; or\n\t(o)\tapply money belonging to the protected person (whether income or capital) in or towards the payment of any debt, obligation or liability of the protected person, or incurred by the administrator in the exercise of powers or duties under this Division; or\n\t(p)\tdischarge any mortgage over the protected person's property; or\n\t(q)\tsurrender, assign or otherwise dispose of, with or without consideration, any onerous property; or\n\t(r)\tsurrender or concur in surrendering any lease on behalf of the protected person; or\n\t(s)\taccept a surrender of any lease on behalf of the protected person; or\n\t(t)\tperform contracts entered into by the protected person; or\n\t(u)\texercise the powers of a proprietor under the Real Property Act 1886 in relation to any land, or interest in land, of the protected person; or\n\t(v)\tlodge a caveat in respect of any land under the provisions of the Real Property Act 1886 in which the administrator claims that the protected person has an interest; or\n\t(w)\tapply, in the administrator's discretion, and in such manner and to such extent as he or she thinks fit, any property for the maintenance or benefit of the protected person, the maintenance of the spouse or domestic partner of the protected person, or for the maintenance, education or advancement of the children or grandchildren of the protected person, or for the payment of the expenses of his or her funeral; or\n\t(x)\ttake up any rights to the issue of new shares to which the protected person becomes entitled (whether an authorised trustee investment or not); or\n\t(y)\tcarry on any trade or business of the protected person; or\n\t(z)\trepair any of the property or expend money in the improvement of any property of the protected person by way of building or otherwise; or\n\t(za)\tapply for and, if granted, undertake administration for the use and benefit of the protected person during his or her incapacity where the protected person would, but for that incapacity, be entitled to a grant of probate or administration; or\n\t(zb)\texecute any instruments for the purposes of exercising his or her powers under this section; or\n\t(zc)\texercise any other powers conferred on the administrator by or under this Act or any other Act.\n\t(3)\tThe regulations—\n\t(a)\tmay prescribe limits as to the amount of money that can be expended by an administrator in the exercise of any particular power under this section; and\n\t(b)\tmay provide that any such limit can be exceeded only with the approval of the Tribunal.\n\t(3a)\tThe regulations may provide that powers or duties of an administrator specified by the regulations must be exercised in accordance with the regulations (and such regulations may provide that a specified power or duty may not be exercised without the approval of the Tribunal).\n\t(4)\tAn administrator cannot sell, lease (except for a period not exceeding two years) or otherwise dispose of any real property or purchase, take on lease (other than for the accommodation of the protected person) or otherwise acquire any real property, without the approval of the Tribunal.\n\t(5)\tNothing in this section obliges an administrator to convert any property into an authorised trustee investment.\n40—Administrator's access to wills and other records\n\t(1)\tSubject to the terms of his or her appointment, an administrator is entitled to view, and take an extract from or copy of, any will or other testamentary disposition of the protected person and any records relating to the protected person's property.\n\t(2)\tA person who has the custody or control of a document referred to in subsection (1) must allow the administrator access to it.\nMaximum penalty: $2 500.\n\t(3)\tAn administrator must not, except with the authority of the Tribunal, disclose the contents of a will or other testamentary disposition to which he or she has had access pursuant to this section to any person other than the protected person.\nMaximum penalty: $5 000.\n41—Power of administrator to continue to act after death etc of protected person\n\t(1)\tNotwithstanding the death of the protected person or the revocation of the administrator's appointment, an administrator may continue to exercise his or her powers under this Division until he or she is notified or becomes aware of the death or revocation.\n\t(2)\tNotwithstanding that an administrator has been notified or has become aware of the death of the protected person, he or she may pay the funeral expenses of the protected person out of the estate.\n\t(3)\tThe Tribunal may, by notice in writing addressed to the administrator, authorise the exercise of powers by the administrator for a further period, not exceeding two months after the death of the protected person, subject to such limitations and conditions as the Tribunal may specify in the notice.\n\t(4)\tAn authorisation under subsection (3) is revoked upon the grant of probate or letters of administration in respect of the protected person's will or estate.\n41A—Public Trustee may retain money to pay outstanding debts etc\n\t(1)\tSubject to subsection (2), if an administration order appointing the Public Trustee as administrator of the whole or part of a protected person's estate (whether made before or after the commencement of this section) is revoked, or the protected person dies, the Public Trustee may retain money belonging to the protected person to apply in or towards the payment of any debts, obligations or liabilities of the protected person, or incurred by the Public Trustee in the exercise of powers or duties under this Division, that are outstanding at the time the administration order is revoked or the protected person dies (as the case may be).\n\t(2)\tThe amount of money retained by the Public Trustee must not exceed—\n\t(a)\tthe amount the Public Trustee considers is reasonably required to be retained to pay the outstanding debts, obligations or liabilities; or\n\t(b)\tthe prescribed amount,\nwhichever is the lesser.\n\t(3)\tIf the Public Trustee retains money in accordance with this section, the Public Trustee must—\n\t(a)\tnotify the relevant person and the guardian of the protected person (if any) of the amount of money retained and the nature of the outstanding debts, obligations or liabilities for which the money has been retained; and\n\t(b)\tas soon as reasonably practicable—\n\t(i)\tapply the money retained in or towards payment of the outstanding debts, obligations or liabilities; and\n\t(ii)\tprovide any excess money to the relevant person.\n\t(4)\tIn this section—\nexcess money means money retained by the Public Trustee in accordance with this section that is in excess of the outstanding debts, obligations or liabilities of the protected person, or incurred by the Public Trustee in the exercise of powers or duties under this Division;\nrelevant person means the person who takes over the control and management of the whole or part of the estate following the revocation of the administration order or the death of the protected person (as the case may be).\n42—Power of administrator to avoid dispositions and contracts of protected person\n\t(1)\tSubject to this section—\n\t(a)\ta disposition of property made by a person while his or her estate is subject to administration under this Division; or\n\t(b)\ta contract entered into by a person while his or her estate is subject to administration under this Division,\nis voidable at the option of the administrator.\n\t(2)\tA transaction cannot be avoided by an administrator under subsection (1) if the other party to the transaction did not know and could not reasonably be expected to have known that the person with whom he or she dealt had a mental incapacity.\n\t(3)\tThe Tribunal may, by order, exempt a disposition of property or contract from the operation of this section if the Tribunal is satisfied that to do so would be for the benefit of the protected person and that he or she has an adequate understanding of the nature of the transaction.\n\t(4)\tNothing in this section affects the law relating to testamentary dispositions.\n43—Where administration has disturbed entitlements of beneficiaries, the Supreme Court has power to intervene\n\t(1)\tWhere at the death of a protected person or former protected person who died leaving a will it appears that, in consequence of any dealing with the estate by an administrator, the share of any beneficiary in that estate under the will has been affected, the Supreme Court may, on application by an interested person, make such orders as it thinks just to ensure that no beneficiary gains a disproportionate advantage, or suffers a disproportionate disadvantage, of a kind not contemplated by the will, in consequence of the estate having been subject to administration under this Division.\n\t(2)\tAn order made by the Court under subsection (1) operates and takes effect as if it had been made by a codicil to the will of the protected person or former protected person executed immediately before his or her death.\n\t(3)\tThe Court must, on making an order under subsection (1), direct that a certified copy of the order be made on the probate (or letters of administration) of the will and may, for the purpose, require the production of the relevant document.\n\t(4)\tAn application under this section must be made within six months from the date of the grant in this State of probate or letters of administration unless the Court, after hearing such of the persons affected as the Court thinks necessary, extends the time for making the application.\n\t(5)\tAn extension of time granted under subsection (4) may be granted—\n\t(a)\ton such conditions as the Court thinks fit; and\n\t(b)\twhether or not the time for making an application under this section has expired.\n\t(6)\tAn application for extension of time must be made before the final distribution of the estate.\n\t(7)\tA distribution of any part of the estate made before an application for extension of time will not be disturbed by reason of the application or any order made on the application.\n\t(8)\tThis section does not apply in respect of the will of a person who died before 1 January 1985.\n44—Reporting requirements for private administrators\n\t(1)\tAn administrator of a protected person's estate (other than the Public Trustee) must, at such times as the Tribunal determines, provide—\n\t(a)\tthe Public Trustee; and\n\t(b)\tat the request of the Tribunal—the Tribunal,\nwith a statement of the accounts of the estate, showing—\n\t(c)\tthe assets and liabilities of the estate; and\n\t(d)\tthe income and expenditure of the estate over a specified period; and\n\t(e)\tsuch other particulars relating to the estate as the Public Trustee may require.\n\t(2)\tAn administrator who fails, without reasonable excuse, to furnish a statement in accordance with subsection (1) is guilty of an offence.\nMaximum penalty: $5 000.\n\t(3)\tA statement under this section must—\n\t(a)\tbe in a form approved by the Public Trustee; and\n\t(b)\tbe verified by the statutory declaration of the administrator and supported by such other evidence (if any) as the Tribunal or the Public Trustee may require.\n\t(4)\tThe Public Trustee must examine and report to the Tribunal on the statement of accounts and—\n\t(a)\tmay cause the accounts to be audited at the cost of the protected person's estate; and\n\t(b)\tmay, if of the opinion that the administrator, in making any expenditure in the exercise, or purported exercise, of his or her powers as administrator, did not act in good faith or with reasonable care, recommend to the Tribunal the disallowance of that item of expenditure; and\n\t(c)\tmay report on any other matter pertaining to the administration of the estate that the Public Trustee thinks ought to be drawn to the attention of the Tribunal.\n\t(5)\tThe Tribunal, after considering a recommendation for the disallowance of an item of expenditure and hearing the administrator and any other person the Tribunal thinks fit on the matter—\n\t(a)\tmay approve the item of expenditure; or\n\t(b)\tif satisfied that, in making the expenditure, the administrator had not acted in good faith or with reasonable care in the exercise of his or her powers as administrator, may disallow the item of expenditure.\n\t(6)\tWhere the Tribunal disallows an item of expenditure pursuant to subsection (5), the administrator is personally liable to the protected person for the amount of the expenditure and to the Public Trustee for such of the costs and expenses incurred by the Public Trustee in relation to the disallowance as are allowed by the Tribunal.\n\t(7)\tThe Tribunal must allow the protected person or, if the protected person does not, in the opinion of the Tribunal, have the mental capacity to comprehend the contents, such other person or persons as the Tribunal thinks appropriate, to have access to and to take a copy of the following documents (which, if not in the possession of the Tribunal, must be obtained from the Public Trustee by the Tribunal for the purposes of providing that access):\n\t(a)\ta statement of accounts furnished by an administrator under this section;\n\t(b)\tif those accounts are audited, the accounts as so audited;\n\t(c)\tthe Public Trustee's report on the statement of accounts.\n45—Reporting by Public Trustee\n\t(1)\tIf the Public Trustee is the administrator of a protected person's estate, the Public Trustee must, at intervals determined by the Tribunal, furnish the Tribunal with a statement of the accounts of the estate, showing—\n\t(a)\tthe assets and liabilities of the estate; and\n\t(b)\tthe income and expenditure of the estate over a specified period; and\n\t(c)\tsuch other particulars relating to the estate as the Tribunal may require.\n\t(2)\tThe Tribunal may, by notice in writing addressed to the Public Trustee, disallow any item of expenditure shown in the statement of accounts if the Tribunal is satisfied that the Public Trustee, in making the expenditure, had not acted with reasonable care in the exercise of powers as an administrator.\n\t(3)\tWhere the Tribunal disallows an item of expenditure pursuant to subsection (2), the Crown is liable to the protected person for the amount of the expenditure.\n\t(4)\tThe Tribunal must allow the protected person or, if the protected person does not, in the opinion of the Tribunal, have the mental capacity to comprehend the contents, such other person or persons as the Tribunal thinks appropriate, to have access to and to take a copy of a statement of accounts furnished under this section.\n46—Remuneration of professional administrators\n\t(1)\tSubject to subsection (3), an administrator who carries on a business of or including the administration of estates (whether under this Act or otherwise) is entitled to remuneration out of the estate of the protected person for the work involved in administering that estate (whether the work was or is performed before or after the commencement of this Act) if the Tribunal so determines.\n\t(2)\tThe rate of remuneration will be the prescribed rate unless the Tribunal thinks good reason exists for fixing some other higher or lower rate in relation to any particular estate and orders accordingly.\n\t(3)\tBefore fixing a higher rate of remuneration in relation to the estate of a protected person, the Tribunal must consider any representations made by the Public Advocate on behalf of the protected person.\n\t(4)\tNothing in subsection (1) affects the right of the Public Trustee or a trustee company to recover charges and expenses in accordance with any other applicable law.\n47—Registration of administration orders\n\t(1)\tAn administration order may be registered under the Registration of Deeds Act 1935 as an instrument affecting the title to any land in which the protected person has a legal or equitable estate or interest.\n\t(2)\tA memorandum of an administration order may, on application to the Registrar-General in a manner and form determined by the Registrar-General, be entered in the register book in relation to any land in which the protected person has an estate or interest registered under the Real Property Act 1886.\n48—Reciprocal administration powers with certain states\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare any country, state or territory to be a reciprocal state for the purposes of this section;\n\t(b)\tvary or revoke any notice under this section.\n\t(2)\tIf an authority invested by the laws of any reciprocal state with the custody or administration of the estate of a person with a mental incapacity—\n\t(a)\tcertifies in writing to the Public Trustee that the person has property in this State; and\n\t(b)\tby instrument in writing authorises the Public Trustee to administer that property within this State,\nthe Public Trustee has and may exercise in respect of that property all the powers that could be exercised if he or she were the administrator of the estate of that person.\n\t(3)\tWhere it appears to the administrator of the estate of a protected person that the protected person has property in a reciprocal state, the administrator may, by instrument in writing directed to the authority of that reciprocal state who is or may be invested by its laws with the custody or administration of the estates of persons (however described under those laws) who have a mental incapacity—\n\t(a)\tcertify that he or she has the control and management of the estate of the protected person; and\n\t(b)\tauthorise the authority to administer the property of the protected person that is in the reciprocal state.\n\t(4)\tAn administrator may revoke or vary an authority given under subsection (3).\nDivision 3A—Administration orders (missing persons)\n48A—Administration orders (missing persons)\n\t(1)\tIf the Supreme Court is satisfied, on an application made in accordance with the rules, that—\n\t(a)\ta person is a missing person; and\n\t(b)\tit is not known whether the person is alive; and\n\t(c)\tall reasonable efforts have been made to locate the person; and\n\t(d)\tpersons residing at the place where the person was last known to reside, or relatives or friends, with whom the person would be likely to communicate, have not heard from, or of, the person for at least 90 days; and\n\t(e)\tit is in the best interests of the missing person to make an order under this section,\nthe Court may make an order appointing 1 or more administrators of the missing person's estate.\n\t(2)\tThe Court must not appoint a person as an administrator of a missing person's estate unless satisfied that—\n\t(a)\tthe person to be appointed is a fit and proper person to act as an administrator of the missing person's estate; and\n\t(b)\tthe person to be appointed is competent to administer the missing person's estate; and\n\t(c)\tthe appointment would not give rise to a conflict of interest.\n\t(3)\tThe fact that a proposed appointee is related to the missing person by blood or marriage will not, of itself, be taken to give rise to a conflict of interest.\n\t(4)\tAn administration order under this section remains in force for a period determined by the Court.\n\t(5)\tAn administration order under this section authorises the administrator of the missing person's estate to take such action as may be necessary or desirable for—\n\t(a)\tthe payment of the missing person's debts; and\n\t(b)\tthe maintenance and benefit of dependants of the missing person; and\n\t(c)\tthe care and maintenance of property of the missing person.\n\t(6)\tAn administrator appointed under this section must give the Court notice in accordance with the rules as soon as practicable after the administrator becomes aware that—\n\t(a)\tthe missing person is alive (whether in this State or elsewhere); or\n\t(b)\tthe missing person has died.\n\t(7)\tThe Court may by order, on application in accordance with the rules, vary or revoke an administration order made under this section.\n\t(8)\tAn administrator appointed under this section must keep accurate records and accounts of all dealings and transactions made by the administrator pursuant to the administration order.\n\t(9)\tAn application for an order under this section may be made by—\n\t(a)\tthe spouse or domestic partner of the missing person; or\n\t(b)\ta relative of the missing person; or\n\t(c)\tthe Public Trustee; or\n\t(d)\tany other person who has an interest in the estate of the missing person.\n\t(10)\tAn administrator appointed under this section is subject to direction and control by the Court.\nDivision 4—Provisions applicable to guardians and administrators appointed under this Part\n49—Withdrawal of applications\nNothing in this Act will be taken to prohibit a person from withdrawing an application made by him or her under this Part at any time prior to a final determination being made on it by the Tribunal.\n50—Criteria for determining suitability for appointment\n\t(1)\tIn determining the suitability of a person for appointment as a guardian or administrator, the Tribunal must have regard to—\n\t(a)\twhether the potential appointee and the protected person would be incompatible;\n\t(b)\twhether there is some existing family arrangement or relationship that should be preserved or should not be disturbed;\n\t(c)\twhether the potential appointee would be competent to discharge the functions of guardian or administrator under the order and would do so in accordance with the principles stated by this Act;\n\t(d)\twhether the potential appointee would be readily available for discharging those functions;\n\t(e)\twhether any conflict of interest would arise from the appointment;\n\t(f)\tsuch other matters as the Tribunal considers relevant.\n\t(2)\tThe fact that a proposed appointee is related to the protected person by blood or marriage will not, of itself, be taken to give rise to a conflict of interest.\n51—Consent to appointment\nA person (other than the Public Advocate or the Public Trustee) cannot be appointed as a guardian or an administrator unless he or she consents to the appointment.\n52—Joint appointments\nIf more than one guardian is appointed in respect of a protected person or more than one administrator is appointed, all the guardians, or all the administrators, as the case may require, must, subject to the order of appointment, concur in every act done or decision made in relation to the protected person, or to the protected person's estate.\n54—Termination of appointment\n\t(1)\tThe appointment of a person as a guardian or administrator terminates if—\n\t(a)\tthe person dies; or\n\t(b)\tthe Tribunal revokes the guardianship or administration order on an application under Division 2 or 3; or\n\t(c)\tthe Tribunal revokes his or her appointment on an application under Division 2 or 3.\n\t(2)\tThe Tribunal may, on an application made under Division 2 or 3, revoke the appointment of a guardian or an administrator—\n\t(a)\tif the guardian or administrator seeks revocation of his or her appointment; or\n\t(b)\tif the Tribunal is satisfied that the guardian or administrator—\n\t(i)\tis not willing or able to act in that capacity; or\n\t(ii)\tis not a suitable person to act in that capacity in respect of the protected person; or\n\t(iii)\thas, in that capacity, acted in an incompetent or negligent manner or contrary to the principles stated by this Act; or\n\t(iv)\thas committed an offence against this Act or an offence involving dishonesty.\n55—Tribunal must give statement of appeal rights\n\t(1)\tOn making any decision or order under this Act in relation to a person, the Tribunal must cause the person to be given a written statement of—\n\t(a)\tthe effect of the decision or order; and\n\t(b)\this or her rights of appeal against the decision or order; and\n\t(c)\tthe procedures for instituting any such appeal.\n\t(2)\tWherever possible, the statement should be in the language with which the person is the most familiar.\n\t(3)\tIf the person is illiterate, or too disturbed to read and comprehend the statement, the Tribunal must cause such steps (if any) as may be practicable in the circumstances to be taken to have the information contained in the statement conveyed to the person.\n56—Restriction of testamentary capacity of protected person\n\t(1)\tThe Tribunal may direct that any testamentary provisions by a protected person be made only after compliance with such precautions as the Tribunal thinks fit to direct.\n\t(2)\tIf, after the Tribunal has given a direction under subsection (1), the protected person makes a testamentary provision otherwise than in accordance with that direction, the testamentary provision is ineffectual.\n\t(3)\tExcept as provided by subsection (2), nothing in this section affects the law relating to testamentary dispositions.\n57—Review of Tribunal's orders\n\t(1)\tThe Tribunal must review the circumstances of a protected person—\n\t(a)\tin the case of a protected person who is being detained in any place pursuant to an order of the Tribunal—within six months of the making of the order and thereafter at intervals of not more than one year; and\n\t(b)\tin any other case—at intervals of not more than three years,\nfor the purpose of ascertaining whether the order or orders to which the person is subject under this Act are still appropriate.\n\t(2)\tThe Tribunal may conduct a review in such manner as it thinks fit.\n\t(3)\tThe Tribunal must, on completion of a review, revoke the order or orders to which the protected person is subject unless the Tribunal is satisfied that there are proper grounds for the order or orders remaining in force.\n\t(4)\tIf the Tribunal is satisfied that there are proper grounds for an order remaining in force, the Tribunal may, by order, vary the terms of the order.\n\t(5)\tFor the purposes of the South Australian Civil and Administrative Tribunal Act 2013, a review under this section will be taken to come within the Tribunal's original jurisdiction.\nPart 5—Consent to prescribed medical treatment of mentally incapacitated persons\n61—Prescribed treatment not to be carried out without Tribunal's consent\n\t(1)\tExcept where circumstances exist for the giving of emergency medical treatment under the Consent to Medical Treatment and Palliative Care Act 1995, but otherwise notwithstanding that Act, a medical practitioner must not give prescribed treatment to a person who, by reason of his or her mental incapacity, is incapable of giving effective consent (whether or not he or she is a protected person)—\n\t(a)\twithout the Tribunal's consent; and\n\t(b)\totherwise than in accordance with the regulations.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tThe Tribunal cannot consent to a sterilisation unless—\n\t(a)\tit is satisfied that it is therapeutically necessary for the sterilisation to be carried out on the person; or\n\t(b)\tit is satisfied—\n\t(i)\tthat there is no likelihood of the person acquiring at any time the capacity to give an effective consent; and\n\t(ii)\tthat the person is physically capable of procreation; and\n\t(iii)\tthat—\n\t(A)\tthe person is, or is likely to be, sexually active, and there is no method of contraception that could, in all the circumstances, reasonably be expected to be successfully applied; or\n\t(B)\tin the case of a woman, cessation of her menstrual cycle would be in her best interests and would be the only reasonably practicable way of dealing with the social, sanitary or other problems associated with her menstruation,\nand has no knowledge of any refusal on the part of the person to consent to the carrying out of the sterilisation, being a refusal that was made by the person while capable of giving effective consent and that was communicated by the person to a medical practitioner.\n\t(3)\tThe Tribunal cannot consent to a termination of pregnancy unless—\n\t(a)\tit is satisfied that there is no likelihood of the woman acquiring the capacity to give an effective consent within the period that is reasonably available for the safe carrying out of the termination; and\n\t(b)\tit has no knowledge of any refusal on the part of the woman to consent to the termination, being a refusal that was made while capable of giving effective consent and that was communicated by her to a medical practitioner.\n\t(4)\tThe Tribunal cannot consent to the carrying out of any other prescribed treatment unless it is satisfied as to prescribed matters.\n\t(5)\tBefore consenting to the carrying out of any prescribed treatment, the Tribunal must, if it thinks it appropriate to do so, allow such of the person's parents whose whereabouts are reasonably ascertainable a reasonable opportunity to make submissions to the Tribunal on the matter, but the Tribunal is not required to do so if of the opinion that to do so would not be in the best interests of the mentally incapacitated person.\n\t(6)\tA decision of the Tribunal to give consent under this section has no force or effect until the period for appeal against the decision has expired or, if an appeal has been instituted, until the appeal is dismissed or withdrawn.\n63—Tribunal's consent must be in writing\n\t(1)\tAny consent given by the Tribunal under this Part must be in writing.\n\t(2)\tIn any legal proceedings, a document purporting to be signed by a member of the Tribunal on behalf of the Tribunal and to be the consent of the Tribunal given under this Part is, in the absence of proof to the contrary, proof of the consent of the Tribunal and of the validity of that consent.\nPart 6—Reviews and appeals\n64—Reviews and appeals\nThe following provisions operate in connection with the application of Part 5 of the South Australian Civil and Administrative Tribunal Act 2013 in relation to this Act:\n\t(a)\ta decision of the Tribunal not to authorise publication of a report of proceedings before the Tribunal may not be the subject of an application for internal review;\n\t(b)\tsubject to paragraph (a), an application for internal review may be made by—\n\t(i)\tthe applicant in proceedings before the Tribunal in the exercise of its original jurisdiction (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013) for the purposes of this Act; or\n\t(ii)\ta person to whom the proceedings relate (if not the applicant under paragraph (a)); or\n\t(iii)\tthe Public Advocate; or\n\t(iv)\tany person who presented evidence or material before, or made submissions to, the Tribunal in the relevant proceedings; or\n\t(v)\tany other person who satisfies the Tribunal that he or she has a proper interest in the matter;\n\t(c)\texcept in the case of a decision for or affirming the detention of a person or relating to the giving of consent to a sterilisation or a termination of pregnancy, an application for internal review may only be made with the permission of the Tribunal;\n\t(d)\tan application for internal review of a decision of the Tribunal to consent to termination of pregnancy must be instituted within 2 working days after the making of the decision;\n\t(e)\tthe person to whom an application for internal review relates (if he or she is not the applicant) will be a party to those proceedings;\n\t(f)\tthe Tribunal must hear and determine an internal review as expeditiously as is reasonably practicable and must give priority to hearing and determining internal reviews of decisions relating to an application for consent to termination of pregnancy or relating to the detention of any person;\n\t(g)\tthe Tribunal may make an order for costs against a party to proceedings for internal review, but only if the Tribunal is satisfied that the institution of the proceedings, or the party's conduct in relation to the proceedings, was frivolous, vexatious or calculated to cause delay;\n\t(h)\tsubject to paragraph (i), an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 must be instituted within 14 days—\n\t(i)\tafter the making of the decision to which the appeal relates; or\n\t(ii)\tafter being furnished with the reasons for that decision,\nwhichever is the later (but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired));\n\t(i)\tan appeal against a decision of the Tribunal in relation to an application for consent to a termination of pregnancy may not be instituted under section 71 of the South Australian Civil and Administrative Tribunal Act 2013;\n\t(j)\tno order for costs may be made against an applicant in an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 if he or she is the person to whom the decision appealed against relates.\n65—Representation on reviews or appeals\n\t(1)\tIn every review or appeal, or application for permission for review or appeal, under Part 5 of the South Australian Civil and Administrative Tribunal Act 2013, the person to whom the proceedings relate is entitled to be represented by counsel in accordance with this section.\n\t(2)\tIf a person chooses to be represented by counsel pursuant to this section, he or she is entitled to be represented by a legal practitioner provided pursuant to a scheme established by the Minister for the purposes of this section, being a legal practitioner—\n\t(a)\tchosen by the person himself or herself; or\n\t(b)\tin default of the person making a choice, chosen by such person or authority as the scheme contemplates.\n\t(3)\tA legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person pursuant to this section is entitled to receive fees for his or her services from the Minister, in accordance with a prescribed scale, and cannot demand or receive from any other person any further fee for those services.\n\t(4)\tNothing in this section derogates from the right of the person to whom the proceedings relate to engage counsel at his or her own expense, or to appear personally or by a representative pursuant to any other provision of this Act.\nPart 6A—Special provisions relating to Tribunal\n66—Tribunal must give notice of proceedings\n\t(1)\tThe Tribunal must give the following persons reasonable notice of the time and place of the hearings of proceedings before the Tribunal:\n\t(a)\tthe applicant;\n\t(b)\tthe person to whom the proceedings relate;\n\t(c)\tthe Public Advocate;\n\t(d)\tsuch other persons as the Tribunal considers have a proper interest in the matter.\n\t(2)\tDespite subsection (1)—\n\t(a)\tthe Tribunal is not obliged to give notice of proceedings to a person if the person's whereabouts cannot, after reasonable enquiries, be ascertained; and\n\t(b)\tthe Tribunal may, if satisfied that urgent action is required in proceedings before the Tribunal, make an order (or any other decision) as a matter of urgency without complying with subsection (1), with effect for a period not exceeding 21 days as directed by the Tribunal.\n67—Reasons for decisions\nThe Tribunal must, on request by a person who has a right of internal review of a decision of the Tribunal or who satisfies the Tribunal that he or she has a proper interest in the matter, furnish the person with a written statement of the Tribunal's reasons for the decision, but not—\n\t(a)\tif the request is made after the period for the review has expired; or\n\t(b)\tif a review has been instituted—after the review has been decided.\n68—Representation of person who is subject of proceedings\n\t(1)\tA person who is the subject of proceedings before the Tribunal is entitled to appear before the Tribunal by—\n\t(a)\tthe Public Advocate; or\n\t(b)\texcept in the case of an internal review—a recognised advocate.\n\t(2)\tSubsection (1) applies in addition to section 56(1) of the South Australian Civil and Administrative Tribunal Act 2013.\n69—Tribunal may require reports\n\t(1)\tThe Tribunal may require a person who is the subject of proceedings before the Tribunal to submit to the Tribunal within a specified time a psychiatric or psychological report as to his or her mental capacity or a medical report as to his or her health or any aspect of it.\n\t(2)\tIf a person refuses or fails to comply with a requirement made under subsection (1) or is incapable of complying with such a request, the Public Advocate, a person authorised by the Minister for the purpose or a member of the police force may enter any place where the person is reasonably believed to be and apprehend the person, using only such force as is reasonably necessary for the purpose, and take the person to a psychiatrist, psychologist or medical practitioner nominated by the Tribunal for examination and assessment, the cost of which will be borne by the Tribunal.\n\t(3)\tThe powers under subsection (2) cannot be exercised except on the authority of a warrant issued by a legally qualified member of the Tribunal (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013).\n\t(4)\tA warrant cannot be issued under subsection (3) unless the person issuing it is satisfied, on information given on oath—\n\t(a)\tthat reasonable grounds exist for suspecting that the person to whom the warrant relates has a mental incapacity; and\n\t(b)\tthat a warrant is reasonably required in the circumstances.\n\t(5)\tThe person executing a warrant under this section may be accompanied by such assistants as he or she considers necessary or desirable in the circumstances.\n\t(6)\tA person must not hinder or obstruct a person executing a warrant under this section, or a person accompanying that person.\nMaximum penalty: $10 000.\nPart 7—Miscellaneous\n74—Tribunal may give advice, direction or approval\n\t(1)\tA guardian or administrator appointed under this Act may apply to the Tribunal for advice or direction on the exercise of his or her powers under this Act or any other Act or law or as to the scope of those powers or for approval to the taking of any action for which the approval of the Tribunal is required.\n\t(2)\tAn application under this section—\n\t(a)\tneed not be served on any person; and\n\t(b)\tmay be determined by the Tribunal in the absence of any person who may be affected by the Tribunal's decision,\nunless the Tribunal directs otherwise.\n\t(3)\tA direction given by the Tribunal under this section is binding on the applicant and any other joint guardian or administrator.\n75—Administrators and guardians to keep each other informed\nWhere both a guardian and an administrator have been appointed under this Act in respect of the same person, each must endeavour to keep the other informed of decisions or actions of a substantial nature taken in pursuance of powers under this Act.\n76—Illtreatment or neglect of person with mental incapacity\nA person having the oversight, care or control of a person with a mental incapacity who illtreats or wilfully neglects that person is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n77—Offences in relation to certain certificates and reports\n\t(1)\tA medical practitioner, psychologist or member of any other health profession who signs any certificate or report for the purposes of this Act without having seen and personally examined the person to whom the certificate or report relates is guilty of an offence.\nMaximum penalty: $20 000.\n\t(2)\tA medical practitioner, psychologist or member of any other health profession who wilfully certifies that a person has a mental incapacity, not believing the person to have a mental incapacity, or who wilfully makes any other false or misleading statement in a certificate or report given under or for the purposes of this Act is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(3)\tA person who, not being a medical practitioner, psychologist or member of another health profession, signs any certificate or report for the purposes of this Act in which he or she describes himself or herself as, or pretends to be a medical practitioner, psychologist or member of some other health profession or otherwise purports to act under this Act in such a capacity, is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(4)\tA person who by fraudulent means procures or attempts to procure the making of a guardianship or administration order under this Act in respect of a person who does not have a mental incapacity is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n78—Medical practitioner, psychologist or other health professional cannot act under this Act in respect of a relative\nA medical practitioner, psychologist or member of any other health profession cannot sign any certificate or report under this Act in respect of a person to whom he or she is related by blood or marriage or who is his or her domestic partner.\n80—Duty to maintain confidentiality\n\t(1)\tA person engaged in the administration of this Act who divulges any personal information relating to a person in respect of whom any proceedings under this Act have been taken (being information obtained in the course of that administration) is guilty of an offence.\nMaximum penalty: $10 000.\n\t(2)\tSubsection (1) does not prevent a person from—\n\t(a)\tdivulging information if authorised or required to do so by law or by his or her employer; or\n\t(b)\tdivulging statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tA guardian or administrator is not to be taken as being engaged in the administration of this Act.\n81—Prohibition of publication of reports of proceedings\n\t(1)\tSubject to subsection (2), a person must not publish a report of any proceedings under this Act.\nMaximum penalty: $10 000.\n\t(2)\tThe body or court before which proceedings under this Act are heard may, on application by a person who it is satisfied has a proper interest in the matter, authorise the publication of a report of those proceedings.\n\t(3)\tA person who publishes a report pursuant to an authorisation given under subsection (2) must not disclose any information in the report that identifies, or could tend to identify, the person to whom the proceedings relate.\nMaximum penalty: $10 000.\n82—Service of notices\nA notice required to be given to any person under this Act may be—\n\t(a)\tgiven to the person personally; or\n\t(b)\tposted to the person at the person's last known principal place of residence or business; or\n\t(c)\ttransmitted to the person by fax or email to a fax number or email address provided by the person for the purpose of service of the notice; or\n\t(d)\tgiven to the person in such other manner as may be permitted by order of the Tribunal.\n83—Matters to consider when deciding whether to appoint Public Advocate as litigation guardian\nIn determining whether the Public Advocate should act as a litigation guardian for a person in a proceeding (whether commenced before or after the commencement of this section), a court or tribunal must consider the following matters:\n\t(a)\twhether the Public Advocate has been appointed or otherwise empowered to act in a specified capacity in respect of the person;\n\t(b)\twhether there is a relative, friend or associate of the person who is willing and able to act as a litigation guardian for the person;\n\t(c)\twhether in all of the circumstances, and taking into account the nature of the litigation, the Public Advocate is the most appropriate person to act as a litigation guardian for the person.\n85—Regulations\nThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1993\n61\n Guardianship and Administration Act 1993\n27.5.1993\n6.3.1995 (Gazette 2.3.1995 p734)\n1994\n8\n Guardianship and Administration (Approved Treatment Centres) Amendment Act 1994\n21.4.1994\n21.4.1994\n1995\n26\n Consent to Medical Treatment and Palliative Care Act 1995\n27.4.1995\n30.11.1995 (Gazette 30.11.1995 p1500)\n1997\n75\n Guardianship and Administration (Extension of Sunset Clause) Amendment Act 1997\n18.12.1997\n18.12.1997\n1998\n74\n Guardianship and Administration (Extension of Sunset Clause and Validation of Orders) Amendment Act 1998\n17.12.1998\n17.12.1998\n1999\n72\n Guardianship and Administration (Miscellaneous) Amendment Act 1999\n25.11.1999\n23.12.1999 (Gazette 23.12.1999 p3669) except ss 5—8 & 20—25.11.2001 (s 7(5) Acts Interpretation Act 1915)\n2000\n4\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 17)—1.6.2000 (Gazette 18.5.2000 p2554)\n2000\n34\n South Australian Health Commission (Administrative Arrangements) Amendment Act 2000\n6.7.2000\nSch 1 (cl 8)—6.7.2000 (Gazette 6.7.2000 p5)\n2005\n73\n Guardianship and Administration (Miscellaneous) Amendment Act 2005\n8.12.2005\n15.12.2005 (Gazette 15.12.2005 p4325)\n2006\n17\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 38 (ss 131—140)—4.9.2006 (Gazette 17.8.2006 p2831)\n2006\n43\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 43 (ss 122—124)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 73 (s 173)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n12\n Trustee Companies (Commonwealth Regulation) Amendment Act 2010\n5.8.2010\nSch 1 (cll 4 & 5)—20.12.2010 (Gazette 9.12.2010 p5580)\n2013\n12\n Advance Care Directives Act 2013\n18.4.2013\nSch 1 (cll 16—29, 35—37)—1.7.2014 (Gazette 6.2.2014 p546)\n2014\n26\n Statutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 8 (ss 64—98)—29.3.2015 (Gazette 5.3.2015 p883)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 20 (ss 107 to 113)—14.12.2017 (Gazette 12.12.2017 p4960)\n2017\n70\n Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017\n12.12.2017\nPt 5 (s 10)—1.3.2018 (Gazette 6.2.2018 p610)\n2021\n10\n Coroners (Inquests and Privilege) Amendment Act 2021\n25.3.2021\nSch 1 (cl 1)—7.6.2021 (Gazette 27.5.2021 p1488)\n2023\n4\n Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 10 (s 22)—22.6.2023 (Gazette 15.6.2023 p1774)\n2023\n30\n Succession Act 2023\n25.10.2023\nSch 2 (cll 3 & 4)—1.1.2025 (Gazette 27.6.2024 p1894)\n2024\n34\nStatutes Amendment (Public Trustee and Litigation Guardian) Act 2024\n19.9.2024\nPt 2 (ss 3 & 4)—1.7.2025 (Gazette 5.12.2024 p4545)\n2025\n53\nGuardianship and Administration (Tribunal Proceedings) Amendment Act 2025\n20.11.2025\nuncommenced\n2025\n69\nStatutes Amendment (Health and Wellbeing) Act 2025\n4.12.2025\nPt 8 (ss 20 to 22)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n15.12.2005\ns 3\n\n\ns 3(1)\n\n\nadvance care directive\ninserted by 12/2013 Sch 1 cl 16(1)\n1.7.2014\nauthorised witness\nsubstituted by 72/1999 s 3(a)\n23.12.1999\n\ndeleted by 12/2013 Sch 1 cl 16(2)\n1.7.2014\ndecision\ninserted by 26/2014 s 64(1)\n29.3.2015\ndentist\nsubstituted by 73/2005 s 4(1)\n15.12.2005\ndomestic partner\ninserted by 43/2006 s 122(1)\n1.6.2007\nenduring guardian\ndeleted by 12/2013 Sch 1 cl 16(3)\n1.7.2014\nguardian appointed under this Act\ndeleted by 12/2013 Sch 1 cl 16(4)\n1.7.2014\nthe Health Commission\ndeleted by 34/2000 Sch 1 cl 8(a)\n6.7.2000\nhealth professional\ninserted by 72/1999 s 3(b)\n23.12.1999\n\nsubstituted by 73/2005 s 4(2)\n15.12.2005\ninternal review\ninserted by 26/2014 s 64(2)\n29.3.2015\nmedical agent\ninserted by 26/1995 Sch 3 cl 3(a)\n30.11.1995\n\ndeleted by 12/2013 Sch 1 cl 16(5)\n1.7.2014\nmedical practitioner\nsubstituted by 73/2005 s 4(3)\n15.12.2005\n\nsubstituted by 12/2013 Sch 1 cl 16(6)\n1.7.2014\nmedical treatment\namended by 72/1999 s 3(c)\n23.12.1999\n\nsubstituted by 12/2013 Sch 1 cl 16(7)\n1.7.2014\nperson responsible\ninserted by 12/2013 Sch 1 cl 16(8)\n1.7.2014\nperson to whom the proceedings relate\namended by 26/2014 s 64(3)\n29.3.2015\nprescribed relative\ninserted by 12/2013 Sch 1 cl 16(9)\n1.7.2014\nputative spouse\ndeleted by 43/2006 s 122(2)\n1.6.2007\nrecognised advocate\namended by 26/2014 s 64(4)\n29.3.2015\nrelative\namended by 73/2005 s 4(4)\n15.12.2005\n\namended by 43/2006 s 122(3)\n1.6.2007\n\ndeleted by 12/2013 Sch 1 cl 16(10)\n1.7.2014\nspouse\nsubstituted by 43/2006 s 122(4)\n1.6.2007\nsubstitute decision-maker\ninserted by 12/2013 Sch 1 cl 16(11)\n1.7.2014\nTribunal\ninserted by 26/2014 s 64(5)\n29.3.2015\ntrustee company\ninserted by 12/2010 Sch 1 cl 4\n20.12.2010\ns 3(3)\ninserted by 12/2013 Sch 1 cl 16(12)\n1.7.2014\n\namended by 26/2014 s 64(6)\n29.3.2015\ns 3(4)\ninserted by 12/2013 Sch 1 cl 16(12)\n1.7.2014\n\namended by 26/2014 s 64(7)\n29.3.2015\ns 3(5)\ninserted by 12/2013 Sch 1 cl 16(12)\n1.7.2014\ns 5\namended by 12/2013 Sch 1 cl 17\n1.7.2014\n\namended by 26/2014 s 65\n29.3.2015\nPt 2\n\n\nPt 2 Div 1 before deletion by 26/2014\n\n\ns 6\n\n\ns 6(5)\nsubstituted by 73/2005 s 5\n15.12.2005\ns 6(5a)\ninserted by 74/1998 s 2\n17.12.1998\ns 8\n\n\ns 8(3)\namended by 73/2005 s 6(1)\n15.12.2005\ns 8(4)\ndeleted by 73/2005 s 6(2)\n15.12.2005\ns 12\n\n\ns 12(1) and (2)\nsubstituted by 73/2005 s 7\n15.12.2005\ns 12(3)\namended by 72/1999 s 4\n23.12.1999\ns 14\n\n\ns 14(2)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 14(7)\nsubstituted by 73/2005 s 8(1)\n15.12.2005\ns 14(8)\ndeleted by 73/2005 s 8(1)\n15.12.2005\ns 14(9)\namended by 17/2006 s 131\n4.9.2006\ns 14(12a)\ninserted by 73/2005 s 8(2)\n15.12.2005\ns 15\n\n\ns 15(6)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 15A\ninserted by 72/1999 s 5\n25.11.2001\nPt 2 Div 1\ndeleted by 26/2014 s 66\n29.3.2015\nPt 2 Div 2 before deletion by 26/2014\nheading amended by 72/1999 s 6\n25.11.2001\ns 17\n\n\ns 17(2)\namended by 34/2000 Sch 1 cl 8(b)\n6.7.2000\ns 17(3)\namended by 72/1999 s 7(b)\n25.11.2001\ns 17A\ninserted by 72/1999 s 8\n25.11.2001\nPt 2 Div 2\ndeleted by 26/2014 s 66\n29.3.2015\nPt 2 Div 3\n\n\ns 21\n\n\ns 21(3)\ninserted by 72/1999 s 9\n23.12.1999\ns 23\n\n\ns 23(1)\namended by 72/1999 s 10\n23.12.1999\n\namended by 34/2000 Sch 1 cl 8(c)\n6.7.2000\nPt 3 before deletion by 12/2013\n\n\ns 25\n\n\ns 25(4)\namended by 73/2005 s 9\n15.12.2005\ns 25(5)\nsubstituted by 72/1999 s 11\n23.12.1999\nPt 3\ndeleted by 12/2013 Sch 1 cl 18\n1.7.2014\nPt 4\n\n\nPt 4 Div 1\n\n\ns 28\n\n\ns 28(1)\namended by 12/2013 Sch 1 cl 19\n1.7.2014\n\namended by 26/2014 s 67\n29.3.2015\ns 28(2) and (3)\namended by 26/2014 s 67\n29.3.2015\nPt 4 Div 2\n\n\ns 29\n\n\ns 29(1)\namended by 12/2013 Sch 1 cl 20(1)\n1.7.2014\n\n(b) deleted by 12/2013 Sch 1 cl 20(2)\n1.7.2014\n\namended by 26/2014 s 68\n29.3.2015\ns 29(2), (4) & (6)\namended by 26/2014 s 68\n29.3.2015\ns 29(2a)\ninserted by 51/2017 s 107\n14.12.2017\ns 29(7)\ninserted by 12/2013 Sch 1 cl 20(3)\n1.7.2014\ns 30\namended by 26/2014 s 69\n29.3.2015\ns 31\namended by 72/1999 s 12\n23.12.1999\n\namended by 26/2014 s 70\n29.3.2015\ns 31A\ninserted by 12/2013 Sch 1 cl 21\n1.7.2014\ns 31A(2)\namended by 26/2014 s 71\n29.3.2015\ns 31B\ninserted by 51/2017 s 108\n14.12.2017\ns 32\n\n\ns 32(a1)\ninserted by 12/2013 Sch 1 cl 22(1)\n1.7.2014\ns 32(1)\namended by 72/1999 s 13(a)\n23.12.1999\n\namended by 73/2005 s 10\n15.12.2005\n\namended by 12/2013 Sch 1 cl 22(2)—(6)\n1.7.2014\n\namended by 26/2014 s 72(1), (2)\n29.3.2015\ns 32(1a)\ninserted by 72/1999 s 13(b)\n23.12.1999\ns 32(2)\namended by 12/2013 Sch 1 cl 22(7)\n1.7.2014\n\namended by 26/2014 s 72(1)\n29.3.2015\ns 32(3)\namended by 8/1994 s 2\n21.4.1994\n\namended by 12/2013 Sch 1 cl 22(8)\n1.7.2014\ns 32(3a)\ninserted by 26/2014 s 72(3)\n29.3.2015\ns 32(4)\namended by 12/2013 Sch 1 cl 22(9), (10)\n1.7.2014\ns 32(5)\namended by 26/2014 s 72(1)\n29.3.2015\ns 32(7)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 32(7a)\ninserted by 26/2014 s 72(4)\n29.3.2015\ns 32(8)\ninserted by 12/2013 Sch 1 cl 22(11)\n1.7.2014\ns 33\n\n\ns 33(1)\namended by 12/2013 Sch 1 cl 23(1), (2)\n1.7.2014\n\namended by 26/2014 s 73\n29.3.2015\n\n(ca) deleted by 51/2017 s 109(1)\n14.12.2017\n\namended by 51/2017 s 109(2)\n14.12.2017\ns 33(1a)\ninserted by 51/2017 s 109(3)\n14.12.2017\ns 33(2)\namended by 26/2014 s 73\n29.3.2015\nPt 4 Div 3\n\n\nheading\nsubstituted by 30/2023 Sch 2 cl 3\n1.1.2025\ns 35\n\n\ns 35(1)\namended by 26/2014 s 74\n29.3.2015\ns 35(2)\namended by 12/2010 Sch 1 cl 5\n20.12.2010\n\namended by 26/2014 s 74\n29.3.2015\ns 35(4) \namended by 26/2014 s 74\n29.3.2015\ns 36\namended by 26/2014 s 75\n29.3.2015\ns 37\n\n\ns 37(1)\namended by 12/2013 Sch 1 cl 24(1), (2)\n1.7.2014\n\namended by 26/2014 s 76\n29.3.2015\n\n(ca) deleted by 51/2017 s 110(1)\n14.12.2017\n\namended by 51/2017 s 110(2)\n14.12.2017\ns 37(1a)\ninserted by 51/2017 s 110(3)\n14.12.2017\ns 37(2)\namended by 26/2014 s 76\n29.3.2015\ns 38\namended by 26/2014 s 77\n29.3.2015\ns 39\n\n\ns 39(2)\namended by 17/2006 s 132\n4.9.2006\n\namended by 43/2006 s 123(1), (2)\n1.6.2007\ns 39(3) and (4)\namended by 26/2014 s 78\n29.3.2015\ns 39(3a)\ninserted by 51/2017 s 111\n14.12.2017\ns 40\n\n\ns 40(2)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 40(3)\namended by 72/1999 s 19 (Sch)\n23.12.1999\n\namended by 26/2014 s 79\n29.3.2015\ns 41\n\n\ns 41(3)\namended by 26/2014 s 80\n29.3.2015\ns 41A\ninserted by 34/2024 s 3\n1.7.2025\ns 42\n\n\ns 42(3)\namended by 26/2014 s 81\n29.3.2015\ns 44\n\n\ns 44(1)\namended by 26/2014 s 82\n29.3.2015\n\nsubstituted by 51/2017 s 112(1)\n14.12.2017\ns 44(2)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 44(3)—(6)\namended by 26/2014 s 82\n29.3.2015\ns 44(7)\namended by 26/2014 s 82\n29.3.2015\n\namended by 51/2017 s 112(2), (3)\n14.12.2017\ns 45\n\n\ns 45(1)—(4)\namended by 26/2014 s 83\n29.3.2015\ns 46\n\n\ns 46(1)—(3)\namended by 26/2014 s 84\n29.3.2015\nPt 4 Div 3A\ninserted by 30/2023 Sch 2 cl 4\n1.1.2025\nPt 4 Div 4\n\n\ns 49\namended by 26/2014 s 85\n29.3.2015\ns 50\n\n\ns 50(1)\namended by 26/2014 s 86\n29.3.2015\ns 53\ndeleted by 26/2014 s 87\n29.3.2015\ns 54\n\n\ns 54(1) and (2)\namended by 26/2014 s 88\n29.3.2015\ns 55\n\n\ns 55(1) and (3)\namended by 26/2014 s 89\n29.3.2015\ns 56\n\n\ns 56(1) and (2)\namended by 26/2014 s 90\n29.3.2015\ns 57\n\n\ns 57(1)—(4)\namended by 26/2014 s 91(1)\n29.3.2015\ns 57(5)\ninserted by 25/2014 s 91(2)\n29.3.2015\nPt 5\n\n\nheading\namended by 12/2013 Sch 1 cl 25\n1.7.2014\ns 58\nsubstituted by 26/1995 Sch 3 cl 3(b)\n30.11.1995\n\namended by 72/1999 s 14\n23.12.1999\n\ndeleted by 12/2013 Sch 1 cl 26\n1.7.2014\ns 59 before deletion by 12/2013\n\n\ns 59(2)\namended by 72/1999 s 15(a), (b)\n23.12.1999\ns 59(3)\namended by 72/1999 s 15(c)\n23.12.1999\ns 59\ndeleted by 12/2013 Sch 1 cl 26\n1.7.2014\ns 60\namended by 72/1999 ss 16, 19 (Sch)\n23.12.1999\n\ndeleted by 12/2013 Sch 1 cl 26\n1.7.2014\ns 61\n\n\ns 61(1)\namended by 26/1995 Sch 3 cl 3(c)\n30.11.1995\n\namended by 72/1999 s 19 (Sch)\n23.12.1999\n\namended by 12/2013 Sch 1 cl 27(1)\n1.7.2014\n\namended by 26/2014 s 92\n29.3.2015\ns 61(2)\namended by 26/2014 s 92\n29.3.2015\ns 61(3)\namended by 26/2014 s 92\n29.3.2015\n\nsubstituted by 4/2023 s 22\n22.6.2023\ns 61(4)\namended by 26/2014 s 92\n29.3.2015\ns 61(5)\namended by 12/2013 Sch 1 cl 27(2)\n1.7.2014\n\namended by 26/2014 s 92\n29.3.2015\ns 61(6)\namended by 26/2014 s 92\n29.3.2015\ns 62\ndeleted by 26/1995 Sch 3 cl 3(d)\n30.11.1995\ns 63\n\n\ns 63(1) and (2)\namended by 26/2014 s 93\n29.3.2015\ns 64\namended by 51/2017 s 113\n14.12.2017\nPt 6 before substitution by 26/2014\n\n\nheading\nsubstituted by 17/2006 s 133\n4.9.2006\nPt 6 Div 1\n\n\nheading\nsubstituted by 17/2006 s 134\n4.9.2006\ns 65\namended by 4/2000 s 9(1) (Sch 1 cl 17(a))\n1.6.2000\n\namended by 17/2006 s 135\n4.9.2006\nPt 6 Div 2\nheading amended by 4/2000 s 9(1) (Sch 1 cl 17(b))\n1.6.2000\ns 66\n\n\ns 66(1)\namended by 4/2000 s 9(1) (Sch 1 cl 17(c))\n1.6.2000\ns 66(1a)\ninserted by 4/2000 s 9(1) (Sch 1 cl 17(d))\n1.6.2000\ns 66(2)\namended by 4/2000 s 9(1) (Sch 1 cl 17(e))\n1.6.2000\ns 66(4)\namended by 73/2005 s 11(1)\n15.12.2005\ns 66(5)\ndeleted by 73/2005 s 11(2)\n15.12.2005\ns 66(6)\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 17(f))\n1.6.2000\ns 66(7)\namended by 4/2000 s 9(1) (Sch 1 cl 17(g))\n1.6.2000\ns 66(8)\namended by 4/2000 s 9(1) (Sch 1 cl 17(h))\n1.6.2000\ns 66(9)\namended by 4/2000 s 9(1) (Sch 1 cl 17(i))\n1.6.2000\ns 67\n\n\ns 67(1)\namended by 4/2000 s 9(1) (Sch 1 cl 17(j))\n1.6.2000\n\namended by 17/2006 s 136(1)\n4.9.2006\ns 67(3)\namended by 17/2006 s 136(2)\n4.9.2006\ns 67(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 17(k))\n1.6.2000\ns 67(7)\namended by 4/2000 s 9(1) (Sch 1 cl 17(j))\n1.6.2000\n\namended by 17/2006 s 136(3)\n4.9.2006\ns 67(8)\namended by 4/2000 s 9(1) (Sch 1 cl 17(j))\n1.6.2000\ns 67(10) and (11)\namended by 4/2000 s 9(1) (Sch 1 cl 17(j))\n1.6.2000\ns 67(12)\namended by 4/2000 s 9(1) (Sch 1 cl 17(j))\n1.6.2000\n\namended by 17/2006 s 136(4)\n4.9.2006\ns 67(13)—(15)\namended by 4/2000 s 9(1) (Sch 1 cl 17(j))\n1.6.2000\ns 67(15a)\ninserted by 4/2000 s 9(1) (Sch 1 cl 17(l))\n1.6.2000\ns 67(16)\namended by 4/2000 s 9(1) (Sch 1 cl 17(j))\n1.6.2000\ns 68\ndeleted by 4/2000 s 9(1) (Sch 1 cl 17(m))\n1.6.2000\ns 69\ndeleted by 4/2000 s 9(1) (Sch 1 cl 17(n))\n1.6.2000\ns 70\n\n\ns 70(1)\namended by 4/2000 s 9(1) (Sch 1 cl 17(o), (p))\n1.6.2000\n\namended by 17/2006 s 137(2)\n4.9.2006\ns 70(2)\namended by 4/2000 s 9(1) (Sch 1 cl 17(o), (q))\n1.6.2000\n\namended by 17/2006 s 137(2)\n4.9.2006\ns 71\namended by 4/2000 s 9(1) (Sch 1 cl 17(r))\n1.6.2000\n\namended by 17/2006 s 138\n4.9.2006\ns 72\n\n\ns 72(1)\namended by 4/2000 s 9(1) (Sch 1 cl 17(s))\n1.6.2000\ns 73\n\n\ns 73(1)\namended by 4/2000 s 9(1) (Sch 1 cl 17(t))\n1.6.2000\n\namended by 17/2006 s 139\n4.9.2006\ns 73(3)\namended by 34/2000 Sch 1 cl 8(d)\n6.7.2000\nPt 6\nsubstituted by 26/2014 s 94\n29.3.2015\nPt 6A\ninserted by 26/2014 s 94\n29.3.2015\nPt 7\n\n\ns 74\n\n\ns 74(1)\namended by 26/2014 s 95\n29.3.2015\ns 74(2)\namended by 17/2006 s 140\n4.9.2006\n\namended by 26/2014 s 95\n29.3.2015\ns 74(3)\namended by 26/2014 s 95\n29.3.2015\ns 76\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 76A\ninserted by 70/2017 s 10\n1.3.2018\n\ndeleted by 10/2021 Sch 1 cl 1\n7.6.2021\ns 77\n\n\ns 77(1)—(4)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 78\namended by 43/2006 s 124\n1.6.2007\ns 79 before deletion by 12/2013\n\n\ns 79(1)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 79\ndeleted by 12/2013 Sch 1 cl 28\n1.7.2014\ns 80\n\n\ns 80(1)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 81\n\n\ns 81(1) and (3)\namended by 72/1999 s 19 (Sch)\n23.12.1999\ns 82\nsubstituted by 26/2014 s 96\n29.3.2015\ns 83\ndeleted by 84/2009 s 173\n1.2.2010\n\ninserted by 34/2024 s 4\n1.7.2025\ns 84\ndeleted by 26/2014 s 97\n29.3.2015\ns 86\namended by 75/1997 s 2\n18.12.1997\n\namended by 74/1998 s 3\n17.12.1998\n\ndeleted by 72/1999 s 17\n23.12.1999\nSch\nsubstituted by 72/1999 s 18\n23.12.1999\n\ndeleted by 12/2013 Sch 1 cl 29\n1.7.2014\nTransitional etc provisions associated with Act or amendments\nGuardianship and Administration (Miscellaneous) Amendment Act 1999\n20—Transitional provision\n\t(1)\tThe person who, immediately before the commencement of this section, held office as the Registrar under the principal Act, will, on that commencement, be taken to have vacated that office and to have been appointed as Executive Officer of the Board under the Act.\n\t(2)\tThe transfer effected by subsection (1) does not affect the person's salary or any other benefits or accrued or accruing rights in respect of employment.\nAdvance Care Directives Act 2013, Sch 1—Transitional provisions\n35—Transitional provisions relating to enduring guardians under Guardianship and Administration Act 1993\n\t(1)\tAn instrument appointing an enduring guardian under section 25 of the Guardianship and Administration Act 1993 that is in force immediately before the commencement of clause 18 of this Schedule will, on the commencement of that clause, be taken to be an advance care directive given in accordance with this Act.\nNote—\nSee also clause 36.\n\t(2)\tA provision of such an instrument appointing an enduring guardian of a kind contemplated by section 6 or 12(1) of this Act will be taken to be void and of no effect.\n\t(3)\tAn advance care directive contemplated by this clause—\n\t(a)\twill be taken to have been given by the person who appointed the enduring guardian; and\n\t(b)\twill be taken to appoint each enduring guardian appointed by the instrument as a substitute decision‑maker under the advance care directive; and\n\t(c)\twill be taken to contain such provisions as may be necessary to enable each substitute decision‑maker to make any decision he or she could have made as the person's enduring guardian (but no other provision).\n\t(4)\tAny condition or limitation contained in the instrument appointing the enduring guardian will be taken to apply to an advance care directive contemplated by this section.\n\t(5)\tThe instrument by which the enduring guardian was appointed will, for all purposes, be taken to be an advance care directive form.\n\t(6)\tA reference in any instrument or document to an enduring guardian appointed under section 25 of the Guardianship and Administration Act 1993 (however described) will be taken to be a reference to the advance care directive contemplated by this clause.\n36—Only 1 advance care directive to be created\n\t(1)\tIf 2 or more of clauses 32, 33, 34 or 35 apply in respect of a particular person, the person will, for the purposes of this or any other Act, be taken to have given 1 advance care directive containing, or subject to, the relevant provisions (in addition to any other applicable provisions under this Act).\n\t(2)\tIn this clause—\nrelevant provisions means—\n\t(a)\tif clause 32 applies in respect of the person—clause 32(2), (3) and (4); and\n\t(b)\tif clause 33 applies in respect of the person—clause 33(2), (3) and (4); and\n\t(c)\tif clause 34 applies in respect of the person—clause 34(2), (3) and (4); and\n\t(d)\tif clause 35 applies in respect of the person—clause 35(2), (3) and (4).\n37—Disputes\nA dispute arising out of the operation of this Schedule will be taken to be a matter to which Part 7 of this Act applies.\nStatutes Amendment (SACAT) Act 2014\n98—Transitional provisions\n\t(1)\tIn this section—\nGuardianship Board means the Guardianship Board under the principal Act;\nprincipal Act means the Guardianship and Administration Act 1993;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\n\t(2)\tA direction of the Guardianship Board under section 28(1) of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a direction of the Tribunal (with a report of any investigation completed on or after the relevant day being furnished to the Tribunal rather than the Guardianship Board).\n\t(3)\tAn order of the Guardianship Board under Part 3 Division 2 or Division 3 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be an order of the Tribunal.\n\t(4)\tA direction or determination of the Guardianship Board under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a direction or determination of the Tribunal.\n\t(5)\tA right to make any application or referral, or to seek a review, with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Guardianship Board, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(6)\tAny proceedings before the Guardianship Board under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.\n\t(7)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Guardianship Board, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Guardianship Board that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Guardianship Board before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(8)\tNothing in this section affects a right to appeal to the Administrative and Disciplinary Division of the District Court (as constituted in the manner contemplated by the principal Act before its amendment by this Act) against a decision, direction or order of the Guardianship Board made or given before the relevant day.\n\t(9)\tThe Guardianship Board is dissolved by force of this subsection.\n\t(10)\tA member of the Guardianship Board holding office when subsection (9) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination).\nHistorical versions\nReprint No 1—21.4.1994\n\nReprint No 2—30.11.1995\n\nReprint No 3—18.12.1997\n\nReprint No 4—17.12.1998\n\nReprint No 5—23.12.1999\n\nReprint No 6—1.6.2000\n\nReprint No 7—6.7.2000\n\nReprint No 8—25.11.2001\n\n15.12.2005\n\n4.9.2006\n\n1.6.2007\n\n1.2.2010\n\n20.12.2010\n\n1.7.2014\n\n29.3.2015\n\n14.12.2017\n\n1.3.2018\n\n7.6.2021\n\n22.6.2023\n\n1.1.2025\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was provided. The submission contained only a website error page, not the text of the Guardianship and Administration Act 1993 (SA)."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","The website underwent a structural update on 24 March 2026, breaking pre-existing hyperlinks","Complexity cannot be meaningfully assessed without access to the actual legislative content","Score of 1 reflects absence of analysable material, not simplicity of the underlying Act"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Guardianship and Administration Act 1993* (South Australia) returned a **Page Not Found** error from the SA Legislation website. This appears to be a broken or outdated hyperlink, likely incompatible with a website update rolled out on 24 March 2026.\n\n**What we do know about this Act generally:** The *Guardianship and Administration Act 1993* (SA) is a significant piece of South Australian law that protects adults who cannot make decisions for themselves due to disability, illness, or other impairment. It sets up a system where a guardian (someone who makes personal/lifestyle decisions) or administrator (someone who manages finances and property) can be appointed to act on behalf of a vulnerable adult. The South Australian Civil and Administrative Tribunal (SACAT) oversees these appointments.\n\n**Who it affects:** Adults with cognitive impairments, acquired brain injuries, mental illness, or other conditions that limit their decision-making capacity — and their families, carers, and any appointed guardians or administrators.\n\n⚠️ *Because the actual legislative text could not be loaded, no detailed or reliable legal analysis can be provided. Please visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name.*"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded beyond its 1993 original purpose of guardianship and estate administration for mentally incapacitated persons. Amendments have added integration with advance care directives (ss 31A, 32(a1)), reciprocal arrangements (ss 34, 48), special missing-persons administration orders heard by the Supreme Court (Division 3A inserted 2023), alignment with the SACAT framework replacing the former Guardianship Board (Part 6 substituted 2014), and new provisions on litigation guardians (s 83) and Public Trustee retention of funds post-revocation or death (s 41A). This broadens the legislation from reactive incapacity interventions to proactive estate management for missing persons and enhanced substitute decision-making."},"complexity_factors":["Over 30 defined terms in the extensive interpretation section (s 3), including mental incapacity, prescribed relative, prescribed treatment and substitute decision-maker","Frequent cross-references to the South Australian Civil and Administrative Tribunal Act 2013 (for reviews, appeals, internal review and Tribunal procedures) and the Advance Care Directives Act 2013","Complex conditional logic and exceptions, such as the two-stage test in s 29 for limited vs full guardianship, the serious risk test in s 32(2), and detailed restrictions on Tribunal consent for sterilisation or termination of pregnancy in s 61(2)–(4)","Long, itemised list of administrator powers in s 39(2) (over 25 paragraphs from (a) to (zc)) with further limits in subsections (3)–(5) and regulations","Multiple overlapping application rules, suitability criteria (s 50), joint appointment rules (s 52) and termination grounds (s 54) across guardianship and administration divisions","Layered procedural requirements in Parts 6 and 6A for notices, reasons, representation, reports and urgent orders, plus specific time limits for termination-of-pregnancy reviews"],"plain_english_summary":"**The Guardianship and Administration Act 1993 (South Australia) creates a legal system to help adults who cannot make decisions for themselves** due to mental incapacity (defined in section 3 as inability to manage health, safety, welfare or finances because of brain/mind issues or conditions preventing communication).\n\nIt lets the South Australian Civil and Administrative Tribunal (SACAT) appoint a **guardian** to make personal decisions (such as where someone lives or what medical care they get) or an **administrator** to handle money and property. Guardians and administrators must follow strict principles in section 5: they must consider what the person would want if they could decide, listen to their current wishes, avoid upsetting existing family arrangements if possible, and choose the option that least restricts the person's freedom.\n\nThe Act establishes an independent **Public Advocate** (Part 2) who investigates situations, speaks up for incapacitated people's rights, monitors how the law works, and can be appointed as guardian or administrator only as a last resort. It includes special rules for serious medical treatments like sterilisation or termination of pregnancy (Part 5), which need Tribunal approval. There are also powers to detain someone for their safety (section 32), rules for missing persons' estates (Division 3A), and requirements for confidentiality, reporting and appeals.\n\nIt affects people with mental incapacity, their families and friends, doctors, appointed guardians/administrators, and the Public Advocate. It matters because it aims to protect vulnerable people while respecting their autonomy and wishes as much as possible, with safeguards against abuse."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The scope of the Act has been enlarged and re‑structured over time through successive amendments recorded in the legislative history. Notable scope changes in the source text include the formal incorporation of advance care directives and related definitions (see amendments referencing the Advance Care Directives Act 2013 and s 3 additions; s 31A implementing advance care directives), the transfer of functions and procedures to the South Australian Civil and Administrative Tribunal (see Pt 6 substitution and Pt 6A insertion; ss 64, 66–69), the addition of missing‑person administration powers (s 48A inserted by 30/2023 Sch 2 cl 4), new reporting and Public Trustee provisions (e.g. s 41A inserted by 34/2024 s 3), and other procedural and substantive refinements to appointment, review and consent mechanisms (multiple amendment entries listed in the legislative history). These amendments broaden substantive decision‑making, add administrative detail and shift some institutional responsibilities (for example, consolidating Tribunal jurisdiction and integrating advance care directive processes), thereby changing the Act’s operational scope from its original 1993 text."},"complexity_factors":["Extensive cross‑references to and dependence on other Acts (e.g. Advance Care Directives Act 2013; South Australian Civil and Administrative Tribunal Act 2013) (s 3; s 4; Pt 6 and Pt 6A references).","High degree of Tribunal discretion on appointment, conditions, detention, consent to medical treatment and expenditure approvals (ss 29(6), 32(1)–(3), 35(4), 39(3a), 61).","Multiple institutional roles and potential overlap (Public Advocate, Public Trustee, administrators, guardians, Tribunal) with delegation provisions (ss 18–24, 23(1), 35(2), 39).","Detailed financial and reporting regimes for administrators and the Public Trustee, including auditing, verification and potential personal liability (ss 44, 45, 46).","Significant criminal and civil sanctions tied to procedural requirements (ss 61, 76, 77, 80, 81).","Special, liberty‑affecting powers (placement, detention and authorised use of force) with police powers and warrant processes (s 32; s 69(2)–(4)).","Numerous definitions and exceptions that affect thresholds for action (s 3 definitions; s 31A on advance care directives).","Layered amendment and commencement history reflected in the text, increasing interpretive complexity (legislative history and multiple amendment entries)."],"plain_english_summary":"What this law does, in plain terms\n\n- Mechanically, the Act sets out a legal framework for deciding who will make personal and financial decisions for people who cannot manage their health, safety, welfare or affairs because of mental incapacity. Key mechanics include:\n  - Creation and role of a Public Advocate (ss 18–24) and duties to report annually (s 24).\n  - Powers for the Tribunal to make guardianship orders for care/welfare (s 29) and administration orders for control and management of property and money (s 35).\n  - A detailed list of powers and duties for guardians (s 31, s 31A) and administrators (s 39), including what they may or may not do without Tribunal approval (s 39(4); s 39(3a)).\n  - Special powers to direct where a person must live, to authorise detention in that place, and to permit necessary force for care (s 32).\n  - Rules about when the Tribunal must consent to \"prescribed treatment\" (including sterilisation and termination of pregnancy) for people who cannot give effective consent (Part 5, especially s 61), and a requirement that such consents be in writing (s 63).\n  - Reporting, review and appeal procedures: administrators must report accounts to the Public Trustee/Tribunal (s 44); the Tribunal must review orders at set intervals (s 57); internal review and appeal rights are governed by Part 6 and related SACAT provisions (s 64 et seq.).\n  - Criminal offences and penalties for ill‑treatment, fraudulent applications, false certificates, breaches of confidentiality and unlawful publication of proceedings (ss 76, 77, 80, 81).\n\nWhat the Act says it is for\n\n- The Act states its purpose is to provide for guardianship of persons unable to look after their own health, safety or welfare or to manage their own affairs and for management of their estates (s 1). The Act also sets decision‑making principles to be observed, including giving paramount weight to the person's wishes where reasonably ascertainable and making orders that are the least restrictive consistent with proper care (s 5).\n\nHow that purpose works against practical trade‑offs (tested against costs, incentives and discretion)\n\n- Who pays and where costs fall:\n  - The State pays for appointment/employment of the Public Advocate (s 19) and is liable if the Tribunal disallows an item of expenditure by the Public Trustee acting as administrator (s 45(3)).\n  - Administrators who are private professionals may be paid from the protected person's estate (s 46(1)–(2)).\n  - Certain Tribunal‑ordered costs (for example, medical examinations under a warrant) are to be borne by the Tribunal (s 69(2)).\n\n- Incentives created by the Act:\n  - Administrators can avoid certain transactions entered into by the protected person while under administration (s 42), which creates an incentive for administrators to protect estate value, but also an incentive for caution among third parties dealing with the protected person (s 42(2)–(3)).\n  - Professional administrators can recover prescribed remuneration from the estate (s 46), which incentivises private providers to take appointments but shifts payment to the protected person's assets.\n  - The Public Advocate may be appointed as guardian only when no other order is appropriate (s 29(4)), limiting automatic state substitution for family or private decision‑makers.\n\n- Compliance burdens and enforcement risks:\n  - Private administrators must produce periodic, signed and verified statements of accounts in a form approved by the Public Trustee and may face audit at estate cost (s 44(1)–(4)). Failure to comply is an offence (s 44(2)).\n  - Administrators can be held personally liable for disallowed items of expenditure (s 44(6)); the Public Trustee is subject to Tribunal disallowance but liability sits with the Crown (s 45(2)–(3)).\n  - Health professionals face criminal penalties for false or unsigned certificates (s 77(1)–(3)).\n\n- Bureaucratic discretion and decision points:\n  - The Tribunal has broad discretion to appoint guardians/administrators, to set conditions and limitations on orders, and to approve or disallow administrative acts and expenditures (ss 29(6), 35(4), 39(3a), 44(5)).\n  - The Public Advocate can investigate at the Tribunal's direction and may delegate functions to staff or, with approval, others (ss 28(1), 23(1)–(2)).\n  - The Tribunal decides on whether to consent to prescribed treatments, subject to thresholds set for sterilisation and termination of pregnancy (s 61(2)–(4)). These are structured, but leave evaluative judgment to the Tribunal.\n\n- Effects on private choice, competition and family arrangements:\n  - The Tribunal must consider and, where appropriate, preserve existing informal family arrangements (s 5(c); s 50(1)(b)), but an administration or guardianship order can replace family decision‑making for the protected person (ss 29, 35).\n  - People dealing with a protected person financially face a risk that transactions may be voidable (s 42), which can affect willingness to contract and may increase transaction costs for third parties.\n  - A person who provides professional care cannot be appointed guardian (s 29(5)), which preserves a separation between paid carer interests and guardianship.\n\n- Checks, review and transparency:\n  - The Tribunal must review orders periodically (s 57) and must provide reasons on request to persons with review rights (s 67). The Tribunal must also give written statements of appeal rights when it makes decisions (s 55).\n  - Publication of reports of proceedings is generally prohibited but may be authorised for persons with a proper interest subject to non‑identification (s 81(1)–(3)).\n\nConcentrated benefits, diffuse costs and implementation risks (mechanisms, not judgments)\n\n- Concentrated benefits:\n  - Administrators, trustee companies and the Public Trustee obtain formal powers over estates and may receive remuneration from those estates (ss 35(2), 46).\n  - The Public Advocate has powers to investigate, report and recommend (ss 21–24), concentrating oversight capacity within a statutory office.\n\n- Diffuse costs and opportunity costs:\n  - The administrative apparatus (Tribunal hearings, reporting, audits, professional fees) is supported by resources from the protected person’s estate or the State, shifting costs onto those parties (ss 44, 45, 46).\n  - Where the Tribunal exercises detention or placement powers (s 32), liberty‑restricting orders can be made subject to Tribunal satisfaction that there is a serious risk to health or safety (s 32(2)); enforcing those orders may require police or authorised entry (s 32(4)–(6)).\n\n- Implementation risks:\n  - The Act depends on interaction with other legislation (for example, Advance Care Directives Act 2013 and the South Australian Civil and Administrative Tribunal Act 2013) and on substantive discretionary judgements by the Tribunal and by statutory officers (see s 4; definitions in s 3). That interdependence concentrates operational risk in procedures, record‑keeping and timely reviews (ss 3, 4, 57).\n\nSummary statement\n\n- The Act creates a statutory system where a Tribunal, with oversight from the Public Advocate and the Public Trustee, can appoint guardians and administrators for people who lack capacity, give those appointees defined powers over welfare and estates, and set procedures, reporting and criminal sanctions to govern how those powers are exercised (see ss 1, 5, 18–24, 29, 35, 39, 44, 61). The law redistributes decision‑making authority away from the person, or informal carers, to legally appointed decision‑makers in specified circumstances, finances administration from estates or State funding as provided, and places substantial evaluative discretion in the Tribunal with statutory review and reporting requirements (see ss 29(4), 39(3a), 44(4), 57)."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-administration-act-1993","history":"/api/acts/guardianship-and-administration-act-1993/history","analysis":"/api/acts/guardianship-and-administration-act-1993/analysis","conflicts":"/api/acts/guardianship-and-administration-act-1993/conflicts","importantCases":"/api/acts/guardianship-and-administration-act-1993/important-cases","documents":"/api/acts/guardianship-and-administration-act-1993/documents"}}