{"id":"qld:act-2000-008","name":"Guardianship and Administration Act 2000","slug":"guardianship-and-administration-act-2000","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"8 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104637,"registerId":"qld-act-2000-008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Making an appointment order","content":"# Making an appointment order","sortOrder":0},{"sectionNumber":"sec.12","sectionType":"section","heading":"Appointment","content":"### sec.12 Appointment\n\nThe tribunal may, by order, appoint a guardian for a personal matter, or an administrator for a financial matter, for an adult if the tribunal is satisfied—\nthe adult has impaired capacity for the matter; and\nthere is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and\nwithout an appointment—\nthe adult’s needs will not be adequately met; or\nthe adult’s interests will not be adequately protected.\nThe appointment may be on terms considered appropriate by the tribunal.\nThe tribunal may make the order on its own initiative or on the application of the adult, the public guardian or an interested person.\nThis section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B .\nSection 80ZD provides for the appointment of guardians for restrictive practice matters.\ns 12 amd 2008 No. 23 s 15 ; 2014 No. 26 s 240 (1)\n(sec.12-ssec.1) The tribunal may, by order, appoint a guardian for a personal matter, or an administrator for a financial matter, for an adult if the tribunal is satisfied— the adult has impaired capacity for the matter; and there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and without an appointment— the adult’s needs will not be adequately met; or the adult’s interests will not be adequately protected.\n(sec.12-ssec.2) The appointment may be on terms considered appropriate by the tribunal.\n(sec.12-ssec.3) The tribunal may make the order on its own initiative or on the application of the adult, the public guardian or an interested person.\n(sec.12-ssec.4) This section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B . Section 80ZD provides for the appointment of guardians for restrictive practice matters.\n- (a) the adult has impaired capacity for the matter; and\n- (b) there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and\n- (c) without an appointment— (i) the adult’s needs will not be adequately met; or (ii) the adult’s interests will not be adequately protected.\n- (i) the adult’s needs will not be adequately met; or\n- (ii) the adult’s interests will not be adequately protected.\n- (i) the adult’s needs will not be adequately met; or\n- (ii) the adult’s interests will not be adequately protected.","sortOrder":1},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Appointment—missing person","content":"### sec.12A Appointment—missing person\n\nThe tribunal may, by order, appoint an administrator for a financial matter for an adult if the tribunal is satisfied—\nthe adult is a missing person; and\nthe adult usually resides in the State; and\nthere is, or is likely to be, a need for a decision in relation to the matter; and\nwithout an appointment the adult’s interests in the matter would be adversely affected.\nThe tribunal may be satisfied an adult is a missing person only if the tribunal is satisfied that—\nit is not known if the adult is alive; and\nreasonable efforts have been made to locate the adult; and\nfor at least 90 days the adult has not contacted—\nanyone who lives at the adult’s last-known home address; or\nany relative or friend of the adult with whom the adult is likely to communicate.\nThis Act applies, with necessary changes, to an appointment under this section.\nThe appointment may be on terms considered appropriate by the tribunal.\nAn application for the appointment of an administrator under subsection (1) may be made by—\nthe adult’s spouse; or\na relative of the adult; or\nthe public trustee; or\nan interested person for the adult.\ns 12A ins 2019 No. 9 s 9\n(sec.12A-ssec.1) The tribunal may, by order, appoint an administrator for a financial matter for an adult if the tribunal is satisfied— the adult is a missing person; and the adult usually resides in the State; and there is, or is likely to be, a need for a decision in relation to the matter; and without an appointment the adult’s interests in the matter would be adversely affected.\n(sec.12A-ssec.2) The tribunal may be satisfied an adult is a missing person only if the tribunal is satisfied that— it is not known if the adult is alive; and reasonable efforts have been made to locate the adult; and for at least 90 days the adult has not contacted— anyone who lives at the adult’s last-known home address; or any relative or friend of the adult with whom the adult is likely to communicate.\n(sec.12A-ssec.3) This Act applies, with necessary changes, to an appointment under this section.\n(sec.12A-ssec.4) The appointment may be on terms considered appropriate by the tribunal.\n(sec.12A-ssec.5) An application for the appointment of an administrator under subsection (1) may be made by— the adult’s spouse; or a relative of the adult; or the public trustee; or an interested person for the adult.\n- (a) the adult is a missing person; and\n- (b) the adult usually resides in the State; and\n- (c) there is, or is likely to be, a need for a decision in relation to the matter; and\n- (d) without an appointment the adult’s interests in the matter would be adversely affected.\n- (a) it is not known if the adult is alive; and\n- (b) reasonable efforts have been made to locate the adult; and\n- (c) for at least 90 days the adult has not contacted— (i) anyone who lives at the adult’s last-known home address; or (ii) any relative or friend of the adult with whom the adult is likely to communicate.\n- (i) anyone who lives at the adult’s last-known home address; or\n- (ii) any relative or friend of the adult with whom the adult is likely to communicate.\n- (i) anyone who lives at the adult’s last-known home address; or\n- (ii) any relative or friend of the adult with whom the adult is likely to communicate.\n- (a) the adult’s spouse; or\n- (b) a relative of the adult; or\n- (c) the public trustee; or\n- (d) an interested person for the adult.","sortOrder":2},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Relationship with Public Trustee Act 1978","content":"### sec.12B Relationship with Public Trustee Act 1978\n\nThe tribunal may not appoint an administrator under section 12A for a financial matter for an adult if the public trustee is the administrator under the Public Trustee Act 1978 , section 104 (1) of the property to which the financial matter relates.\nThe tribunal may appoint an administrator under section 12A for a financial matter for an adult relating to property of which the public trustee is the administrator under the Public Trustee Act 1978 , section 104 (2) .\nOn the making of an appointment of an administrator as mentioned in subsection (2) , the public trustee ceases to be the administrator of the property under the Public Trustee Act 1978 , section 104 (2) .\ns 12B ins 2019 No. 9 s 9\n(sec.12B-ssec.1) The tribunal may not appoint an administrator under section 12A for a financial matter for an adult if the public trustee is the administrator under the Public Trustee Act 1978 , section 104 (1) of the property to which the financial matter relates.\n(sec.12B-ssec.2) The tribunal may appoint an administrator under section 12A for a financial matter for an adult relating to property of which the public trustee is the administrator under the Public Trustee Act 1978 , section 104 (2) .\n(sec.12B-ssec.3) On the making of an appointment of an administrator as mentioned in subsection (2) , the public trustee ceases to be the administrator of the property under the Public Trustee Act 1978 , section 104 (2) .","sortOrder":3},{"sectionNumber":"sec.13","sectionType":"section","heading":"Advance appointment","content":"### sec.13 Advance appointment\n\nThe tribunal may, by order, make an appointment of a guardian for a personal matter, or an administrator for a financial matter, for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied—\nthere is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and\nthere is a reasonable likelihood, when the individual turns 18—\nthere will be a need to do something in relation to the matter; or\nthe individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and\nthere is a reasonable likelihood, without an appointment, when the individual turns 18—\nthe individual’s needs would not be adequately met; or\nthe individual’s interests would not be adequately protected.\nThis Act applies, with necessary changes, to an appointment under this section.\nThe appointment begins when the individual turns 18.\nThe appointment ends when the individual turns 19, unless the tribunal orders the appointment to be for a longer period.\nThe tribunal may order the appointment for a longer period only if the tribunal considers—\nthe need for an appointment will continue for the longer period; and\nthe need for the tribunal to review the appointment is very limited.\nThe longer period may be—\nif the administrator is the public trustee or a trustee company under the Trustee Companies Act 1968 —the period decided by the tribunal; or\notherwise—a period of not more than 5 years.\nThe appointment may be on terms considered appropriate by the tribunal.\nThe tribunal may make the order on its own initiative or on the application of the individual or an interested person.\nThis section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B .\ns 13 amd 2007 No. 37 s 74 ; 2008 No. 23 s 16\n(sec.13-ssec.1) The tribunal may, by order, make an appointment of a guardian for a personal matter, or an administrator for a financial matter, for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied— there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and there is a reasonable likelihood, when the individual turns 18— there will be a need to do something in relation to the matter; or the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and there is a reasonable likelihood, without an appointment, when the individual turns 18— the individual’s needs would not be adequately met; or the individual’s interests would not be adequately protected.\n(sec.13-ssec.2) This Act applies, with necessary changes, to an appointment under this section.\n(sec.13-ssec.3) The appointment begins when the individual turns 18.\n(sec.13-ssec.4) The appointment ends when the individual turns 19, unless the tribunal orders the appointment to be for a longer period.\n(sec.13-ssec.5) The tribunal may order the appointment for a longer period only if the tribunal considers— the need for an appointment will continue for the longer period; and the need for the tribunal to review the appointment is very limited.\n(sec.13-ssec.6) The longer period may be— if the administrator is the public trustee or a trustee company under the Trustee Companies Act 1968 —the period decided by the tribunal; or otherwise—a period of not more than 5 years.\n(sec.13-ssec.7) The appointment may be on terms considered appropriate by the tribunal.\n(sec.13-ssec.8) The tribunal may make the order on its own initiative or on the application of the individual or an interested person.\n(sec.13-ssec.9) This section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B .\n- (a) there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and\n- (b) there is a reasonable likelihood, when the individual turns 18— (i) there will be a need to do something in relation to the matter; or (ii) the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and\n- (i) there will be a need to do something in relation to the matter; or\n- (ii) the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and\n- (c) there is a reasonable likelihood, without an appointment, when the individual turns 18— (i) the individual’s needs would not be adequately met; or (ii) the individual’s interests would not be adequately protected.\n- (i) the individual’s needs would not be adequately met; or\n- (ii) the individual’s interests would not be adequately protected.\n- (i) there will be a need to do something in relation to the matter; or\n- (ii) the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and\n- (i) the individual’s needs would not be adequately met; or\n- (ii) the individual’s interests would not be adequately protected.\n- (a) the need for an appointment will continue for the longer period; and\n- (b) the need for the tribunal to review the appointment is very limited.\n- (a) if the administrator is the public trustee or a trustee company under the Trustee Companies Act 1968 —the period decided by the tribunal; or\n- (b) otherwise—a period of not more than 5 years.","sortOrder":4},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Advance appointment—guardian for restrictive practice matter","content":"### sec.13A Advance appointment—guardian for restrictive practice matter\n\nThe tribunal may, by order, make an appointment of a guardian for a restrictive practice matter under chapter 5B for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied—\nthere is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and\nthe individual’s behaviour has previously resulted in harm to the individual or others; and\nthere is a reasonable likelihood, when the individual turns 18—\nthere will be a need for a decision about the restrictive practice matter; and\nwithout the appointment—\nthe individual’s behaviour is likely to cause harm to the individual or others; and\nthe individual’s interests would not be adequately protected.\nThis Act applies, with necessary changes, to an appointment under this section.\nThe appointment begins when the individual turns 18.\nThe appointment ends—\non the day ordered by the tribunal, which must not be later than the day the individual turns 19; or\nif no day is ordered by the tribunal—when the individual turns 19.\nThe appointment may be on terms considered appropriate by the tribunal.\nThe tribunal may make the order on its own initiative or on the application of any of the following—\nthe individual;\nan interested person for the individual;\na relevant service provider;\nthe chief executive (disability services);\nthe public guardian;\nif the individual is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist.\ns 13A ins 2008 No. 23 s 17\namd 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1\n(sec.13A-ssec.1) The tribunal may, by order, make an appointment of a guardian for a restrictive practice matter under chapter 5B for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied— there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and the individual’s behaviour has previously resulted in harm to the individual or others; and there is a reasonable likelihood, when the individual turns 18— there will be a need for a decision about the restrictive practice matter; and without the appointment— the individual’s behaviour is likely to cause harm to the individual or others; and the individual’s interests would not be adequately protected.\n(sec.13A-ssec.2) This Act applies, with necessary changes, to an appointment under this section.\n(sec.13A-ssec.3) The appointment begins when the individual turns 18.\n(sec.13A-ssec.4) The appointment ends— on the day ordered by the tribunal, which must not be later than the day the individual turns 19; or if no day is ordered by the tribunal—when the individual turns 19.\n(sec.13A-ssec.5) The appointment may be on terms considered appropriate by the tribunal.\n(sec.13A-ssec.6) The tribunal may make the order on its own initiative or on the application of any of the following— the individual; an interested person for the individual; a relevant service provider; the chief executive (disability services); the public guardian; if the individual is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist.\n- (a) there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and\n- (b) the individual’s behaviour has previously resulted in harm to the individual or others; and\n- (c) there is a reasonable likelihood, when the individual turns 18— (i) there will be a need for a decision about the restrictive practice matter; and (ii) without the appointment— (A) the individual’s behaviour is likely to cause harm to the individual or others; and (B) the individual’s interests would not be adequately protected.\n- (i) there will be a need for a decision about the restrictive practice matter; and\n- (ii) without the appointment— (A) the individual’s behaviour is likely to cause harm to the individual or others; and (B) the individual’s interests would not be adequately protected.\n- (A) the individual’s behaviour is likely to cause harm to the individual or others; and\n- (B) the individual’s interests would not be adequately protected.\n- (i) there will be a need for a decision about the restrictive practice matter; and\n- (ii) without the appointment— (A) the individual’s behaviour is likely to cause harm to the individual or others; and (B) the individual’s interests would not be adequately protected.\n- (A) the individual’s behaviour is likely to cause harm to the individual or others; and\n- (B) the individual’s interests would not be adequately protected.\n- (A) the individual’s behaviour is likely to cause harm to the individual or others; and\n- (B) the individual’s interests would not be adequately protected.\n- (a) on the day ordered by the tribunal, which must not be later than the day the individual turns 19; or\n- (b) if no day is ordered by the tribunal—when the individual turns 19.\n- (a) the individual;\n- (b) an interested person for the individual;\n- (c) a relevant service provider;\n- (d) the chief executive (disability services);\n- (e) the public guardian;\n- (f) if the individual is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist.","sortOrder":5},{"sectionNumber":"sec.14","sectionType":"section","heading":"Appointment of 1 or more eligible guardians and administrators","content":"### sec.14 Appointment of 1 or more eligible guardians and administrators\n\nThe tribunal may appoint a person as guardian or administrator for a matter only if—\nfor appointment as a guardian, the person is—\na person who is at least 18 years and not a paid carer, or health provider, for the adult; or\nthe public guardian; and\nfor appointment as an administrator, the person is—\na person who is at least 18 years, not a paid carer, or health provider, for the adult and not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\nthe public trustee or a trustee company under the Trustee Companies Act 1968 ; and\nhaving regard to the matters mentioned in section 15 (1) , the tribunal considers the person appropriate for appointment.\nDespite subsection (1) (a) (ii) , the tribunal may appoint the public guardian as guardian for a matter only if there is no other appropriate person available for appointment for the matter.\nSubject to section 74 , no-one may be appointed as a guardian for a special personal matter or special health matter.\nThe tribunal may consent to particular special health care—see section 68 (Special health care).\nThe tribunal may appoint a person as guardian or administrator for a matter for an adult on the application of the adult’s parent only if the tribunal has informed the parent of the tribunal’s power under subsection (6) (e) to appoint successive appointees for the matter.\nA failure by the tribunal to comply with subsection (4) does not affect an appointment made by the tribunal.\nThe tribunal may appoint 1 or more of the following—\na single appointee for a matter or all matters;\ndifferent appointees for different matters;\na person to act as appointee for a matter or all matters in a stated circumstance;\nalternative appointees for a matter or all matters so power is given to a particular appointee only in stated circumstances;\nsuccessive appointees for a matter or all matters so power is given to a particular appointee only when power given to a previous appointee ends;\njoint or several, or joint and several, appointees for a matter or all matters;\n2 or more joint appointees for a matter or all matters, being a number less than the total number of appointees for the matter or all matters.\nIf the tribunal makes an appointment because an adult has impaired capacity for a matter and the tribunal does not consider the impaired capacity is permanent, the tribunal must state in its order when it considers it appropriate for the appointment to be reviewed.\nOtherwise periodic reviews happen under section 28 .\ns 14 amd 2007 No. 37 s 75 ; 2010 No. 2 s 96 sch 1 ; 2014 No. 26 s 240 (1) ; 2019 No. 9 s 10\n(sec.14-ssec.1) The tribunal may appoint a person as guardian or administrator for a matter only if— for appointment as a guardian, the person is— a person who is at least 18 years and not a paid carer, or health provider, for the adult; or the public guardian; and for appointment as an administrator, the person is— a person who is at least 18 years, not a paid carer, or health provider, for the adult and not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or the public trustee or a trustee company under the Trustee Companies Act 1968 ; and having regard to the matters mentioned in section 15 (1) , the tribunal considers the person appropriate for appointment.\n(sec.14-ssec.2) Despite subsection (1) (a) (ii) , the tribunal may appoint the public guardian as guardian for a matter only if there is no other appropriate person available for appointment for the matter.\n(sec.14-ssec.3) Subject to section 74 , no-one may be appointed as a guardian for a special personal matter or special health matter. The tribunal may consent to particular special health care—see section 68 (Special health care).\n(sec.14-ssec.4) The tribunal may appoint a person as guardian or administrator for a matter for an adult on the application of the adult’s parent only if the tribunal has informed the parent of the tribunal’s power under subsection (6) (e) to appoint successive appointees for the matter.\n(sec.14-ssec.5) A failure by the tribunal to comply with subsection (4) does not affect an appointment made by the tribunal.\n(sec.14-ssec.6) The tribunal may appoint 1 or more of the following— a single appointee for a matter or all matters; different appointees for different matters; a person to act as appointee for a matter or all matters in a stated circumstance; alternative appointees for a matter or all matters so power is given to a particular appointee only in stated circumstances; successive appointees for a matter or all matters so power is given to a particular appointee only when power given to a previous appointee ends; joint or several, or joint and several, appointees for a matter or all matters; 2 or more joint appointees for a matter or all matters, being a number less than the total number of appointees for the matter or all matters.\n(sec.14-ssec.7) If the tribunal makes an appointment because an adult has impaired capacity for a matter and the tribunal does not consider the impaired capacity is permanent, the tribunal must state in its order when it considers it appropriate for the appointment to be reviewed. Otherwise periodic reviews happen under section 28 .\n- (a) for appointment as a guardian, the person is— (i) a person who is at least 18 years and not a paid carer, or health provider, for the adult; or (ii) the public guardian; and\n- (i) a person who is at least 18 years and not a paid carer, or health provider, for the adult; or\n- (ii) the public guardian; and\n- (b) for appointment as an administrator, the person is— (i) a person who is at least 18 years, not a paid carer, or health provider, for the adult and not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or (ii) the public trustee or a trustee company under the Trustee Companies Act 1968 ; and\n- (i) a person who is at least 18 years, not a paid carer, or health provider, for the adult and not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (ii) the public trustee or a trustee company under the Trustee Companies Act 1968 ; and\n- (c) having regard to the matters mentioned in section 15 (1) , the tribunal considers the person appropriate for appointment.\n- (i) a person who is at least 18 years and not a paid carer, or health provider, for the adult; or\n- (ii) the public guardian; and\n- (i) a person who is at least 18 years, not a paid carer, or health provider, for the adult and not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (ii) the public trustee or a trustee company under the Trustee Companies Act 1968 ; and\n- (a) a single appointee for a matter or all matters;\n- (b) different appointees for different matters;\n- (c) a person to act as appointee for a matter or all matters in a stated circumstance;\n- (d) alternative appointees for a matter or all matters so power is given to a particular appointee only in stated circumstances;\n- (e) successive appointees for a matter or all matters so power is given to a particular appointee only when power given to a previous appointee ends;\n- (f) joint or several, or joint and several, appointees for a matter or all matters;\n- (g) 2 or more joint appointees for a matter or all matters, being a number less than the total number of appointees for the matter or all matters.","sortOrder":6},{"sectionNumber":"sec.15","sectionType":"section","heading":"Appropriateness considerations","content":"### sec.15 Appropriateness considerations\n\nIn deciding whether a person is appropriate for appointment as a guardian or administrator for an adult, the tribunal must consider the following matters ( appropriateness considerations )—\nthe general principles and whether the person is likely to apply them;\nif the appointment is for a health matter—the health care principles and whether the person is likely to apply the principles;\nthe extent to which the adult’s and person’s interests are likely to conflict;\nwhether the adult and person are compatible including, for example, whether the person has appropriate communication skills or appropriate cultural or social knowledge or experience, to be compatible with the adult;\nif more than 1 person is to be appointed—whether the persons are compatible;\nwhether the person would be available and accessible to the adult;\nthe person’s appropriateness and competence to perform functions and exercise powers under an appointment order, including whether the person has ever been a paid carer for the adult.\nThe fact a person is a relation of the adult does not, of itself, mean the adult’s and person’s interests are likely to conflict.\nAlso, the fact a person may be a beneficiary of the adult’s estate on the adult’s death does not, of itself, mean the adult’s and person’s interests are likely to conflict.\nIn considering the person’s appropriateness and competence, the tribunal must have regard to the following—\nthe nature and circumstances of any criminal history, whether in Queensland or elsewhere, of the person including the likelihood the commission of any offence in the criminal history may adversely affect the adult;\nthe nature and circumstances of any refusal of, or removal from, appointment, whether in Queensland or elsewhere, as a guardian, administrator, attorney or other person making a decision for someone else;\nif the proposed appointment is of an administrator and the person is an individual—\nthe nature and circumstances of the person having been a bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; and\nthe nature and circumstances of a proposed, current or previous arrangement with the person’s creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; and\nthe nature and circumstances of a proposed, current or previous external administration of a corporation, partnership or other entity of which the person is or was a director, secretary or partner or in whose management, direction or control the person is or was involved.\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive or similar document under the law of another jurisdiction.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act 1998 ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\na similar document under the law of another jurisdiction.\ns 15 amd 2019 No. 9 s 11\n(sec.15-ssec.1) In deciding whether a person is appropriate for appointment as a guardian or administrator for an adult, the tribunal must consider the following matters ( appropriateness considerations )— the general principles and whether the person is likely to apply them; if the appointment is for a health matter—the health care principles and whether the person is likely to apply the principles; the extent to which the adult’s and person’s interests are likely to conflict; whether the adult and person are compatible including, for example, whether the person has appropriate communication skills or appropriate cultural or social knowledge or experience, to be compatible with the adult; if more than 1 person is to be appointed—whether the persons are compatible; whether the person would be available and accessible to the adult; the person’s appropriateness and competence to perform functions and exercise powers under an appointment order, including whether the person has ever been a paid carer for the adult.\n(sec.15-ssec.2) The fact a person is a relation of the adult does not, of itself, mean the adult’s and person’s interests are likely to conflict.\n(sec.15-ssec.3) Also, the fact a person may be a beneficiary of the adult’s estate on the adult’s death does not, of itself, mean the adult’s and person’s interests are likely to conflict.\n(sec.15-ssec.4) In considering the person’s appropriateness and competence, the tribunal must have regard to the following— the nature and circumstances of any criminal history, whether in Queensland or elsewhere, of the person including the likelihood the commission of any offence in the criminal history may adversely affect the adult; the nature and circumstances of any refusal of, or removal from, appointment, whether in Queensland or elsewhere, as a guardian, administrator, attorney or other person making a decision for someone else; if the proposed appointment is of an administrator and the person is an individual— the nature and circumstances of the person having been a bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; and the nature and circumstances of a proposed, current or previous arrangement with the person’s creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; and the nature and circumstances of a proposed, current or previous external administration of a corporation, partnership or other entity of which the person is or was a director, secretary or partner or in whose management, direction or control the person is or was involved.\n(sec.15-ssec.5) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction.\n- (a) the general principles and whether the person is likely to apply them;\n- (b) if the appointment is for a health matter—the health care principles and whether the person is likely to apply the principles;\n- (c) the extent to which the adult’s and person’s interests are likely to conflict;\n- (d) whether the adult and person are compatible including, for example, whether the person has appropriate communication skills or appropriate cultural or social knowledge or experience, to be compatible with the adult;\n- (e) if more than 1 person is to be appointed—whether the persons are compatible;\n- (f) whether the person would be available and accessible to the adult;\n- (g) the person’s appropriateness and competence to perform functions and exercise powers under an appointment order, including whether the person has ever been a paid carer for the adult.\n- (a) the nature and circumstances of any criminal history, whether in Queensland or elsewhere, of the person including the likelihood the commission of any offence in the criminal history may adversely affect the adult;\n- (b) the nature and circumstances of any refusal of, or removal from, appointment, whether in Queensland or elsewhere, as a guardian, administrator, attorney or other person making a decision for someone else;\n- (c) if the proposed appointment is of an administrator and the person is an individual— (i) the nature and circumstances of the person having been a bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; and (ii) the nature and circumstances of a proposed, current or previous arrangement with the person’s creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; and (iii) the nature and circumstances of a proposed, current or previous external administration of a corporation, partnership or other entity of which the person is or was a director, secretary or partner or in whose management, direction or control the person is or was involved.\n- (i) the nature and circumstances of the person having been a bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; and\n- (ii) the nature and circumstances of a proposed, current or previous arrangement with the person’s creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; and\n- (iii) the nature and circumstances of a proposed, current or previous external administration of a corporation, partnership or other entity of which the person is or was a director, secretary or partner or in whose management, direction or control the person is or was involved.\n- (i) the nature and circumstances of the person having been a bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; and\n- (ii) the nature and circumstances of a proposed, current or previous arrangement with the person’s creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; and\n- (iii) the nature and circumstances of a proposed, current or previous external administration of a corporation, partnership or other entity of which the person is or was a director, secretary or partner or in whose management, direction or control the person is or was involved.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive or similar document under the law of another jurisdiction.\n- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\n- (d) a similar document under the law of another jurisdiction.","sortOrder":7},{"sectionNumber":"sec.16","sectionType":"section","heading":"Advice from proposed appointee about appropriateness and competence","content":"### sec.16 Advice from proposed appointee about appropriateness and competence\n\nAn individual who has agreed to a proposed appointment (a proposed appointee ) must advise the tribunal before the tribunal makes an order appointing the proposed appointee whether he or she—\nis under 18 years; or\nis, or has ever been, a paid carer for the adult; or\nis a health provider for the adult; or\nhas any criminal history, whether in Queensland or elsewhere; or\nhas been, whether in Queensland or elsewhere, refused, or removed from, appointment as a guardian, administrator, attorney or other person making a decision for someone else; or\nfor a proposed appointment as administrator—\nis bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\nhas ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\nis proposing to make, or has ever made, an arrangement with his or her creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; or\nis or was a director, secretary or partner, or is or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration.\nMaximum penalty—40 penalty units.\nThe proposed appointee must also advise the tribunal of any likely conflict between—\nthe duty of the proposed appointee if appointed as guardian or administrator towards the adult; and\neither—\nthe interests of the proposed appointee or a person in a close personal or business relationship with the proposed appointee; or\nanother duty of the proposed appointee as guardian or administrator for another person.\nMaximum penalty—40 penalty units.\nThe proposed appointee must give the advice by statutory declaration or on oath or affirmation if required by the tribunal.\nMaximum penalty—40 penalty units.\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive or similar document under the law of another jurisdiction.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act 1998 ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\na similar document under the law of another jurisdiction.\ns 16 amd 2019 No. 9 s 12\n(sec.16-ssec.1) An individual who has agreed to a proposed appointment (a proposed appointee ) must advise the tribunal before the tribunal makes an order appointing the proposed appointee whether he or she— is under 18 years; or is, or has ever been, a paid carer for the adult; or is a health provider for the adult; or has any criminal history, whether in Queensland or elsewhere; or has been, whether in Queensland or elsewhere, refused, or removed from, appointment as a guardian, administrator, attorney or other person making a decision for someone else; or for a proposed appointment as administrator— is bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or has ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or is proposing to make, or has ever made, an arrangement with his or her creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; or is or was a director, secretary or partner, or is or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration. Maximum penalty—40 penalty units.\n(sec.16-ssec.2) The proposed appointee must also advise the tribunal of any likely conflict between— the duty of the proposed appointee if appointed as guardian or administrator towards the adult; and either— the interests of the proposed appointee or a person in a close personal or business relationship with the proposed appointee; or another duty of the proposed appointee as guardian or administrator for another person. Maximum penalty—40 penalty units.\n(sec.16-ssec.3) The proposed appointee must give the advice by statutory declaration or on oath or affirmation if required by the tribunal. Maximum penalty—40 penalty units.\n(sec.16-ssec.4) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction.\n- (a) is under 18 years; or\n- (b) is, or has ever been, a paid carer for the adult; or\n- (c) is a health provider for the adult; or\n- (d) has any criminal history, whether in Queensland or elsewhere; or\n- (e) has been, whether in Queensland or elsewhere, refused, or removed from, appointment as a guardian, administrator, attorney or other person making a decision for someone else; or\n- (f) for a proposed appointment as administrator— (i) is bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or (ii) has ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or (iii) is proposing to make, or has ever made, an arrangement with his or her creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; or (iv) is or was a director, secretary or partner, or is or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration.\n- (i) is bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (ii) has ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (iii) is proposing to make, or has ever made, an arrangement with his or her creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; or\n- (iv) is or was a director, secretary or partner, or is or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration.\n- (i) is bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (ii) has ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (iii) is proposing to make, or has ever made, an arrangement with his or her creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; or\n- (iv) is or was a director, secretary or partner, or is or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration.\n- (a) the duty of the proposed appointee if appointed as guardian or administrator towards the adult; and\n- (b) either— (i) the interests of the proposed appointee or a person in a close personal or business relationship with the proposed appointee; or (ii) another duty of the proposed appointee as guardian or administrator for another person.\n- (i) the interests of the proposed appointee or a person in a close personal or business relationship with the proposed appointee; or\n- (ii) another duty of the proposed appointee as guardian or administrator for another person.\n- (i) the interests of the proposed appointee or a person in a close personal or business relationship with the proposed appointee; or\n- (ii) another duty of the proposed appointee as guardian or administrator for another person.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive or similar document under the law of another jurisdiction.\n- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\n- (d) a similar document under the law of another jurisdiction.","sortOrder":8},{"sectionNumber":"sec.17","sectionType":"section","heading":"Guardian or administrator to update advice about appropriateness and competence","content":"### sec.17 Guardian or administrator to update advice about appropriateness and competence\n\nAfter appointment, a guardian or administrator is under a continuing duty to advise the tribunal of anything of which the guardian or administrator—\nhas not previously advised the tribunal; and\nwould be required to advise the tribunal under section 16 if the tribunal were considering whether to appoint the guardian or administrator.\nMaximum penalty—40 penalty units.\nThe guardian or administrator must give the advice by statutory declaration or on oath or affirmation if required by the tribunal.\nMaximum penalty—40 penalty units.\n(sec.17-ssec.1) After appointment, a guardian or administrator is under a continuing duty to advise the tribunal of anything of which the guardian or administrator— has not previously advised the tribunal; and would be required to advise the tribunal under section 16 if the tribunal were considering whether to appoint the guardian or administrator. Maximum penalty—40 penalty units.\n(sec.17-ssec.2) The guardian or administrator must give the advice by statutory declaration or on oath or affirmation if required by the tribunal. Maximum penalty—40 penalty units.\n- (a) has not previously advised the tribunal; and\n- (b) would be required to advise the tribunal under section 16 if the tribunal were considering whether to appoint the guardian or administrator.","sortOrder":9},{"sectionNumber":"sec.18","sectionType":"section","heading":"Inquiries about appropriateness and competence","content":"### sec.18 Inquiries about appropriateness and competence\n\nThe tribunal, or the registrar acting either at the direction of the tribunal or on the registrar’s own initiative, may make inquiries about the appropriateness and competence to perform functions and exercise powers under an appointment order of a person who has agreed to a proposed appointment or who is a guardian or administrator.\nIf asked by the tribunal or registrar, the commissioner of the police service must give the tribunal or registrar a written report about the criminal history of—\na person who has agreed to a proposed appointment; or\na person who is a guardian or administrator; or\nif the person mentioned in paragraph (a) or (b) is a corporation—a director, secretary or person involved in the management, direction or control of the corporation.\nIf the registrar makes the inquiries, the registrar must advise the tribunal of the results of the inquiries before the tribunal makes an appointment order.\ns 18 amd 2004 No. 43 s 45\n(sec.18-ssec.1) The tribunal, or the registrar acting either at the direction of the tribunal or on the registrar’s own initiative, may make inquiries about the appropriateness and competence to perform functions and exercise powers under an appointment order of a person who has agreed to a proposed appointment or who is a guardian or administrator.\n(sec.18-ssec.2) If asked by the tribunal or registrar, the commissioner of the police service must give the tribunal or registrar a written report about the criminal history of— a person who has agreed to a proposed appointment; or a person who is a guardian or administrator; or if the person mentioned in paragraph (a) or (b) is a corporation—a director, secretary or person involved in the management, direction or control of the corporation.\n(sec.18-ssec.3) If the registrar makes the inquiries, the registrar must advise the tribunal of the results of the inquiries before the tribunal makes an appointment order.\n- (a) a person who has agreed to a proposed appointment; or\n- (b) a person who is a guardian or administrator; or\n- (c) if the person mentioned in paragraph (a) or (b) is a corporation—a director, secretary or person involved in the management, direction or control of the corporation.","sortOrder":10},{"sectionNumber":"sec.19","sectionType":"section","heading":"Comply with other tribunal requirement","content":"### sec.19 Comply with other tribunal requirement\n\nThe tribunal may impose a requirement, including a requirement about giving security, on a guardian or administrator or a person who is to become a guardian or administrator.\nA guardian or administrator or person who is to become a guardian or administrator must comply with the requirement.\nMaximum penalty—200 penalty units.\n(sec.19-ssec.1) The tribunal may impose a requirement, including a requirement about giving security, on a guardian or administrator or a person who is to become a guardian or administrator.\n(sec.19-ssec.2) A guardian or administrator or person who is to become a guardian or administrator must comply with the requirement. Maximum penalty—200 penalty units.","sortOrder":11},{"sectionNumber":"sec.20","sectionType":"section","heading":"Financial management plan","content":"### sec.20 Financial management plan\n\nUnless the tribunal orders otherwise, a person who agrees to a proposed appointment as an administrator must give a financial management plan to the tribunal, or its appropriately qualified nominee, for approval.\nThe tribunal, or its appropriately qualified nominee, may approve a financial management plan.\nIn this section—\nappropriately qualified , for a nominee in relation to a financial management plan, means having the qualifications or experience appropriate to approve the plan.\ns 20 amd 2003 No. 87 s 4 ; 2008 No. 54 s 4\n(sec.20-ssec.1) Unless the tribunal orders otherwise, a person who agrees to a proposed appointment as an administrator must give a financial management plan to the tribunal, or its appropriately qualified nominee, for approval.\n(sec.20-ssec.2) The tribunal, or its appropriately qualified nominee, may approve a financial management plan.\n(sec.20-ssec.3) In this section— appropriately qualified , for a nominee in relation to a financial management plan, means having the qualifications or experience appropriate to approve the plan.","sortOrder":12},{"sectionNumber":"sec.21","sectionType":"section","heading":"Advice to registrar of titles if appointment concerns land","content":"### sec.21 Advice to registrar of titles if appointment concerns land\n\nIf the tribunal appoints an administrator for a matter involving an interest in land, the tribunal and the administrator must each, within 3 months of the appointment, advise the registrar of titles.\nIf the registrar of titles receives an advice, the registrar of titles must keep the information contained in the advice in a way that ensures a search of the relevant title reveals the order making the appointment has been made.\nThe administrator must pay the titles registry fee for giving the advice.\nNote section 47 (Payment of expenses).\ns 21 amd 2003 No. 87 s 5 ; 2019 No. 9 s 13 ; 2021 No. 12 s 148 sch 3\n(sec.21-ssec.1) If the tribunal appoints an administrator for a matter involving an interest in land, the tribunal and the administrator must each, within 3 months of the appointment, advise the registrar of titles.\n(sec.21-ssec.2) If the registrar of titles receives an advice, the registrar of titles must keep the information contained in the advice in a way that ensures a search of the relevant title reveals the order making the appointment has been made.\n(sec.21-ssec.3) The administrator must pay the titles registry fee for giving the advice. Note section 47 (Payment of expenses).","sortOrder":13},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Relationship between appointment and enduring document","content":"# Relationship between appointment and enduring document","sortOrder":14},{"sectionNumber":"sec.22","sectionType":"section","heading":"Attorney’s power subject to tribunal authorisation","content":"### sec.22 Attorney’s power subject to tribunal authorisation\n\nThis section applies if—\nan adult’s enduring document gives power for a matter to an attorney; and\nafter the enduring document is made, the tribunal, with knowledge of the existence of the enduring document, gives the power to a guardian or an administrator.\nThe attorney may exercise power only to the extent authorised by the tribunal.\nSubsection (2) does not apply for power for a health matter.\nFor health matters, see section 66 (Adult with impaired capacity—order of priority in dealing with health matter).\ns 22 amd 2012 No. 37 s 51 sch\n(sec.22-ssec.1) This section applies if— an adult’s enduring document gives power for a matter to an attorney; and after the enduring document is made, the tribunal, with knowledge of the existence of the enduring document, gives the power to a guardian or an administrator.\n(sec.22-ssec.2) The attorney may exercise power only to the extent authorised by the tribunal.\n(sec.22-ssec.3) Subsection (2) does not apply for power for a health matter. For health matters, see section 66 (Adult with impaired capacity—order of priority in dealing with health matter).\n- (a) an adult’s enduring document gives power for a matter to an attorney; and\n- (b) after the enduring document is made, the tribunal, with knowledge of the existence of the enduring document, gives the power to a guardian or an administrator.","sortOrder":15},{"sectionNumber":"sec.23","sectionType":"section","heading":"Appointment without knowledge of enduring document","content":"### sec.23 Appointment without knowledge of enduring document\n\nThis section applies if—\nthe tribunal gives power for a matter for an adult to a guardian or an administrator without knowledge of the existence of an enduring document giving power for the matter to an attorney for the adult; and\nthe guardian or administrator becomes aware of the existence or purported existence of the enduring document.\nIf the guardian or administrator becomes aware of the existence or purported existence of the enduring document, the guardian’s or administrator’s power for the matter is suspended pending review of the appointment of the guardian or administrator.\nNote section 56 (Protection if unaware of change of appointee’s power).\nThe guardian or administrator must advise the tribunal in writing of the existence or purported existence of the enduring document as soon as practicable.\nMaximum penalty—40 penalty units.\nIf the tribunal receives an advice under subsection (3) , the tribunal must review the appointment of the guardian or administrator.\nPart 3 , division 2 applies to the review.\n(sec.23-ssec.1) This section applies if— the tribunal gives power for a matter for an adult to a guardian or an administrator without knowledge of the existence of an enduring document giving power for the matter to an attorney for the adult; and the guardian or administrator becomes aware of the existence or purported existence of the enduring document.\n(sec.23-ssec.2) If the guardian or administrator becomes aware of the existence or purported existence of the enduring document, the guardian’s or administrator’s power for the matter is suspended pending review of the appointment of the guardian or administrator. Note section 56 (Protection if unaware of change of appointee’s power).\n(sec.23-ssec.3) The guardian or administrator must advise the tribunal in writing of the existence or purported existence of the enduring document as soon as practicable. Maximum penalty—40 penalty units.\n(sec.23-ssec.4) If the tribunal receives an advice under subsection (3) , the tribunal must review the appointment of the guardian or administrator.\n(sec.23-ssec.5) Part 3 , division 2 applies to the review.\n- (a) the tribunal gives power for a matter for an adult to a guardian or an administrator without knowledge of the existence of an enduring document giving power for the matter to an attorney for the adult; and\n- (b) the guardian or administrator becomes aware of the existence or purported existence of the enduring document.","sortOrder":16},{"sectionNumber":"sec.24","sectionType":"section","heading":"Protection if unaware of appointment","content":"### sec.24 Protection if unaware of appointment\n\nAn attorney who, without knowing power has been given by the tribunal to a guardian or administrator, purports to exercise the power does not incur any liability, either to the adult or anyone else, because of the appointment of the guardian or administrator.\nA transaction between—\nan attorney who purports to exercise power for a matter; and\na person who does not know power for the matter has been given to a guardian or administrator;\nis, in favour of the person, as valid as if the power had not been given to the guardian or administrator.\nIn this section—\nattorney means an attorney under an enduring document or a statutory health attorney.\nknow , power has been given by the tribunal, includes have reason to believe power has been given by the tribunal.\n(sec.24-ssec.1) An attorney who, without knowing power has been given by the tribunal to a guardian or administrator, purports to exercise the power does not incur any liability, either to the adult or anyone else, because of the appointment of the guardian or administrator.\n(sec.24-ssec.2) A transaction between— an attorney who purports to exercise power for a matter; and a person who does not know power for the matter has been given to a guardian or administrator; is, in favour of the person, as valid as if the power had not been given to the guardian or administrator.\n(sec.24-ssec.3) In this section— attorney means an attorney under an enduring document or a statutory health attorney. know , power has been given by the tribunal, includes have reason to believe power has been given by the tribunal.\n- (a) an attorney who purports to exercise power for a matter; and\n- (b) a person who does not know power for the matter has been given to a guardian or administrator;","sortOrder":17},{"sectionNumber":"sec.25","sectionType":"section","heading":"Protection if unaware power already exercised by advance health directive","content":"### sec.25 Protection if unaware power already exercised by advance health directive\n\nThis section applies if—\nan adult’s advance health directive includes a direction about a matter; and\nafter the advance health directive is made, but without reference to it, the tribunal gives power for the matter to a guardian.\nThe guardian who, without knowing a direction about the matter is included in an advance health directive, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the direction being included in the advance health directive.\nIf—\nthe guardian purports to exercise power for a matter; and\nwithout knowing a direction about the matter is included in an advance health directive, a person acts in reliance on the purported exercise of power;\nthe person does not incur any liability, either to the adult or anyone else, because of the direction being included in the advance health directive.\nIn this section—\nknow , a direction about a matter is included in an advance health directive, includes have reason to believe the matter is dealt with by an advance health directive.\n(sec.25-ssec.1) This section applies if— an adult’s advance health directive includes a direction about a matter; and after the advance health directive is made, but without reference to it, the tribunal gives power for the matter to a guardian.\n(sec.25-ssec.2) The guardian who, without knowing a direction about the matter is included in an advance health directive, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the direction being included in the advance health directive.\n(sec.25-ssec.3) If— the guardian purports to exercise power for a matter; and without knowing a direction about the matter is included in an advance health directive, a person acts in reliance on the purported exercise of power; the person does not incur any liability, either to the adult or anyone else, because of the direction being included in the advance health directive.\n(sec.25-ssec.4) In this section— know , a direction about a matter is included in an advance health directive, includes have reason to believe the matter is dealt with by an advance health directive.\n- (a) an adult’s advance health directive includes a direction about a matter; and\n- (b) after the advance health directive is made, but without reference to it, the tribunal gives power for the matter to a guardian.\n- (a) the guardian purports to exercise power for a matter; and\n- (b) without knowing a direction about the matter is included in an advance health directive, a person acts in reliance on the purported exercise of power;","sortOrder":18},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Changing or revoking an appointment order","content":"# Changing or revoking an appointment order","sortOrder":19},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Revocation by appointee","content":"## Revocation by appointee","sortOrder":20},{"sectionNumber":"sec.26","sectionType":"section","heading":"Automatic revocation","content":"### sec.26 Automatic revocation\n\nAn appointment as a guardian or administrator for an adult for a matter ends if—\nthe guardian or administrator becomes a paid carer, or health provider, for the adult; or\nthe guardian or administrator becomes the service provider for a residential service where the adult is a resident; or\nif the guardian or administrator and the adult are married when the appointment is made—the marriage is dissolved; or\nif the guardian or administrator and the adult are in a civil partnership when the appointment is made—the civil partnership is terminated under the Civil Partnerships Act 2011 , part 2 , division 4 ; or\nthe guardian or administrator dies; or\nthe adult dies; or\nfor a guardian for a restrictive practice matter under chapter 5B —the tribunal gives a containment or seclusion approval under chapter 5B in relation to the adult.\nAlso, an appointment as an administrator ends if—\nthe administrator becomes bankrupt or insolvent; or\nfor an appointment made under section 12A for an adult—\na coroner makes a finding under the Coroners Act 2003 that the adult has died; or\nthe court makes a declaration of death for the adult or grants a person leave to swear the death of the adult; or\nthe adult’s death is registered under the Births, Deaths and Marriages Registration Act 2023 .\nIf more than 1 event mentioned in subsection (2) (b) applies for the adult, the appointment ends on the happening of the earliest event for the adult.\nIf an appointment as a guardian or administrator ends under subsection (1) (a) , (b) , (c) , (d) or (f) or subsection (2) , the former guardian or administrator must advise the tribunal in writing of the ending of the appointment.\nIf an appointment as a guardian or administrator for a matter ends under subsection (1) or (2) and the guardian or administrator was a joint guardian or administrator for the matter—\nif, of the joint guardians or administrators, there is 1 remaining guardian or administrator, the remaining guardian or administrator may exercise power for the matter; and\nif, of the joint guardians or administrators, there are 2 or more remaining guardians or administrators, the remaining guardians or administrators may exercise power for the matter and, if exercising power, must exercise power jointly.\nIn this section—\nresident has the meaning given by the Residential Services (Accreditation) Act 2002 .\nresidential service has the meaning given by the Residential Services (Accreditation) Act 2002 .\nservice provider has the meaning given by the Residential Services (Accreditation) Act 2002 .\ns 26 amd 2004 No. 43 s 46 ; 2008 No. 23 s 18 ; 2011 No. 46 s 58 ; 2012 No. 12 s 59 sch pts 1 – 2 ; 2012 No. 37 s 51 sch ; 2015 No. 33 s 52 (1) – (2) sch pts 1 – 2 ; 2019 No. 9 s 14 ; 2023 No. 17 s 174\n(sec.26-ssec.1) An appointment as a guardian or administrator for an adult for a matter ends if— the guardian or administrator becomes a paid carer, or health provider, for the adult; or the guardian or administrator becomes the service provider for a residential service where the adult is a resident; or if the guardian or administrator and the adult are married when the appointment is made—the marriage is dissolved; or if the guardian or administrator and the adult are in a civil partnership when the appointment is made—the civil partnership is terminated under the Civil Partnerships Act 2011 , part 2 , division 4 ; or the guardian or administrator dies; or the adult dies; or for a guardian for a restrictive practice matter under chapter 5B —the tribunal gives a containment or seclusion approval under chapter 5B in relation to the adult.\n(sec.26-ssec.2) Also, an appointment as an administrator ends if— the administrator becomes bankrupt or insolvent; or for an appointment made under section 12A for an adult— a coroner makes a finding under the Coroners Act 2003 that the adult has died; or the court makes a declaration of death for the adult or grants a person leave to swear the death of the adult; or the adult’s death is registered under the Births, Deaths and Marriages Registration Act 2023 .\n(sec.26-ssec.2A) If more than 1 event mentioned in subsection (2) (b) applies for the adult, the appointment ends on the happening of the earliest event for the adult.\n(sec.26-ssec.3) If an appointment as a guardian or administrator ends under subsection (1) (a) , (b) , (c) , (d) or (f) or subsection (2) , the former guardian or administrator must advise the tribunal in writing of the ending of the appointment.\n(sec.26-ssec.4) If an appointment as a guardian or administrator for a matter ends under subsection (1) or (2) and the guardian or administrator was a joint guardian or administrator for the matter— if, of the joint guardians or administrators, there is 1 remaining guardian or administrator, the remaining guardian or administrator may exercise power for the matter; and if, of the joint guardians or administrators, there are 2 or more remaining guardians or administrators, the remaining guardians or administrators may exercise power for the matter and, if exercising power, must exercise power jointly.\n(sec.26-ssec.5) In this section— resident has the meaning given by the Residential Services (Accreditation) Act 2002 . residential service has the meaning given by the Residential Services (Accreditation) Act 2002 . service provider has the meaning given by the Residential Services (Accreditation) Act 2002 .\n- (a) the guardian or administrator becomes a paid carer, or health provider, for the adult; or\n- (b) the guardian or administrator becomes the service provider for a residential service where the adult is a resident; or\n- (c) if the guardian or administrator and the adult are married when the appointment is made—the marriage is dissolved; or\n- (d) if the guardian or administrator and the adult are in a civil partnership when the appointment is made—the civil partnership is terminated under the Civil Partnerships Act 2011 , part 2 , division 4 ; or\n- (e) the guardian or administrator dies; or\n- (f) the adult dies; or\n- (g) for a guardian for a restrictive practice matter under chapter 5B —the tribunal gives a containment or seclusion approval under chapter 5B in relation to the adult.\n- (a) the administrator becomes bankrupt or insolvent; or\n- (b) for an appointment made under section 12A for an adult— (i) a coroner makes a finding under the Coroners Act 2003 that the adult has died; or (ii) the court makes a declaration of death for the adult or grants a person leave to swear the death of the adult; or (iii) the adult’s death is registered under the Births, Deaths and Marriages Registration Act 2023 .\n- (i) a coroner makes a finding under the Coroners Act 2003 that the adult has died; or\n- (ii) the court makes a declaration of death for the adult or grants a person leave to swear the death of the adult; or\n- (iii) the adult’s death is registered under the Births, Deaths and Marriages Registration Act 2023 .\n- (i) a coroner makes a finding under the Coroners Act 2003 that the adult has died; or\n- (ii) the court makes a declaration of death for the adult or grants a person leave to swear the death of the adult; or\n- (iii) the adult’s death is registered under the Births, Deaths and Marriages Registration Act 2023 .\n- (a) if, of the joint guardians or administrators, there is 1 remaining guardian or administrator, the remaining guardian or administrator may exercise power for the matter; and\n- (b) if, of the joint guardians or administrators, there are 2 or more remaining guardians or administrators, the remaining guardians or administrators may exercise power for the matter and, if exercising power, must exercise power jointly.","sortOrder":21},{"sectionNumber":"sec.27","sectionType":"section","heading":"Withdrawal with tribunal’s leave","content":"### sec.27 Withdrawal with tribunal’s leave\n\nAn appointment as a guardian or administrator for an adult for a matter ends if, with the tribunal’s leave, the guardian or administrator withdraws as guardian or administrator for the matter.\nIf the tribunal gives leave for a guardian or administrator to withdraw for a matter—\nthe tribunal may appoint someone else to replace the withdrawing person as guardian or administrator for the matter; and\nfor a withdrawing administrator notice of whose appointment was given to the registrar of titles under section 21 , the registrar of the tribunal must take reasonable steps to advise the registrar of titles of the withdrawal.\nIf the registrar of titles receives an advice of withdrawal, the registrar of titles must keep the information contained in the advice in a way that ensures a search of the relevant title reveals the withdrawal of the administrator.\nThe withdrawing administrator must pay the titles registry fee for giving the advice, unless the tribunal orders otherwise.\ns 27 amd 2019 No. 9 s 15 ; 2021 No. 12 s 148 sch 3\n(sec.27-ssec.1) An appointment as a guardian or administrator for an adult for a matter ends if, with the tribunal’s leave, the guardian or administrator withdraws as guardian or administrator for the matter.\n(sec.27-ssec.2) If the tribunal gives leave for a guardian or administrator to withdraw for a matter— the tribunal may appoint someone else to replace the withdrawing person as guardian or administrator for the matter; and for a withdrawing administrator notice of whose appointment was given to the registrar of titles under section 21 , the registrar of the tribunal must take reasonable steps to advise the registrar of titles of the withdrawal.\n(sec.27-ssec.3) If the registrar of titles receives an advice of withdrawal, the registrar of titles must keep the information contained in the advice in a way that ensures a search of the relevant title reveals the withdrawal of the administrator.\n(sec.27-ssec.4) The withdrawing administrator must pay the titles registry fee for giving the advice, unless the tribunal orders otherwise.\n- (a) the tribunal may appoint someone else to replace the withdrawing person as guardian or administrator for the matter; and\n- (b) for a withdrawing administrator notice of whose appointment was given to the registrar of titles under section 21 , the registrar of the tribunal must take reasonable steps to advise the registrar of titles of the withdrawal.","sortOrder":22},{"sectionNumber":"ch.3-pt.3-div.1A","sectionType":"division","heading":"Provisions about appointment for adult who is missing person","content":"## Provisions about appointment for adult who is missing person","sortOrder":23},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Obligation to notify tribunal of particular circumstances","content":"### sec.27A Obligation to notify tribunal of particular circumstances\n\nThis section applies to an administrator appointed for an adult under section 12A if, during the term of the appointment, the administrator becomes aware—\nthe adult is alive; or\nthe adult has died.\nThe administrator must, as soon as practicable after becoming aware a circumstance mentioned in subsection (1) (a) or (b) exists, notify the tribunal in writing of the circumstance.\ns 27A ins 2019 No. 9 s 16\n(sec.27A-ssec.1) This section applies to an administrator appointed for an adult under section 12A if, during the term of the appointment, the administrator becomes aware— the adult is alive; or the adult has died.\n(sec.27A-ssec.2) The administrator must, as soon as practicable after becoming aware a circumstance mentioned in subsection (1) (a) or (b) exists, notify the tribunal in writing of the circumstance.\n- (a) the adult is alive; or\n- (b) the adult has died.","sortOrder":24},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Tribunal must revoke order making appointment","content":"### sec.27B Tribunal must revoke order making appointment\n\nThis section applies in relation to an order appointing an administrator for an adult under section 12A .\nThe tribunal must revoke the order if the tribunal is satisfied—\nthe adult is alive; or\nthe adult has died; or\nthe adult may be presumed to be dead.\nThe order may be revoked by the tribunal on its own initiative or on the application of the administrator or an interested person.\ns 27B ins 2019 No. 9 s 16\n(sec.27B-ssec.1) This section applies in relation to an order appointing an administrator for an adult under section 12A .\n(sec.27B-ssec.2) The tribunal must revoke the order if the tribunal is satisfied— the adult is alive; or the adult has died; or the adult may be presumed to be dead.\n(sec.27B-ssec.3) The order may be revoked by the tribunal on its own initiative or on the application of the administrator or an interested person.\n- (a) the adult is alive; or\n- (b) the adult has died; or\n- (c) the adult may be presumed to be dead.","sortOrder":25},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Change or revocation at tribunal review of appointment","content":"## Change or revocation at tribunal review of appointment","sortOrder":26},{"sectionNumber":"sec.28","sectionType":"section","heading":"Periodic review of appointment","content":"### sec.28 Periodic review of appointment\n\nThe tribunal must review an appointment of a guardian or administrator (other than the public trustee or a trustee company under the Trustee Companies Act 1968 )—\nfor an appointment made because an adult has impaired capacity for a matter but the tribunal does not consider the impaired capacity is permanent—in accordance with an order of the tribunal, but at least every 5 years; or\notherwise—at least every 5 years.\nThis section does not apply for a guardian for a restrictive practice matter under chapter 5B .\ns 28 amd 2003 No. 87 s 6 ; 2008 No. 23 s 19\n(sec.28-ssec.1) The tribunal must review an appointment of a guardian or administrator (other than the public trustee or a trustee company under the Trustee Companies Act 1968 )— for an appointment made because an adult has impaired capacity for a matter but the tribunal does not consider the impaired capacity is permanent—in accordance with an order of the tribunal, but at least every 5 years; or otherwise—at least every 5 years.\n(sec.28-ssec.2) This section does not apply for a guardian for a restrictive practice matter under chapter 5B .\n- (a) for an appointment made because an adult has impaired capacity for a matter but the tribunal does not consider the impaired capacity is permanent—in accordance with an order of the tribunal, but at least every 5 years; or\n- (b) otherwise—at least every 5 years.","sortOrder":27},{"sectionNumber":"sec.29","sectionType":"section","heading":"Other review of appointment","content":"### sec.29 Other review of appointment\n\nThe tribunal may review an appointment of a guardian or administrator for an adult at any time—\non its own initiative; or\nfor a guardian (other than a guardian for a restrictive practice matter under chapter 5B ) or an administrator—on the application of any of the following—\nthe adult;\nan interested person for the adult;\nthe public trustee;\na trustee company under the Trustee Companies Act 1968 ; or\nfor a guardian for a restrictive practice matter under chapter 5B —on the application of any of the following—\nthe adult;\nan interested person for the adult;\na relevant service provider providing disability services to the adult;\nthe chief executive (disability services);\nthe public guardian;\nif the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\nif the adult is a forensic disability client—the director of forensic disability.\nHowever, the tribunal must review the appointment of a guardian for a restrictive practice matter under chapter 5B at least once before the term of the appointment ends.\ns 29 sub 2003 No. 87 s 7\namd 2008 No. 23 s 20 ; 2009 No. 48 s 216 ; 2011 No. 13 s 192 ; 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1\n(sec.29-ssec.1) The tribunal may review an appointment of a guardian or administrator for an adult at any time— on its own initiative; or for a guardian (other than a guardian for a restrictive practice matter under chapter 5B ) or an administrator—on the application of any of the following— the adult; an interested person for the adult; the public trustee; a trustee company under the Trustee Companies Act 1968 ; or for a guardian for a restrictive practice matter under chapter 5B —on the application of any of the following— the adult; an interested person for the adult; a relevant service provider providing disability services to the adult; the chief executive (disability services); the public guardian; if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; if the adult is a forensic disability client—the director of forensic disability.\n(sec.29-ssec.2) However, the tribunal must review the appointment of a guardian for a restrictive practice matter under chapter 5B at least once before the term of the appointment ends.\n- (a) on its own initiative; or\n- (b) for a guardian (other than a guardian for a restrictive practice matter under chapter 5B ) or an administrator—on the application of any of the following— (i) the adult; (ii) an interested person for the adult; (iii) the public trustee; (iv) a trustee company under the Trustee Companies Act 1968 ; or\n- (i) the adult;\n- (ii) an interested person for the adult;\n- (iii) the public trustee;\n- (iv) a trustee company under the Trustee Companies Act 1968 ; or\n- (c) for a guardian for a restrictive practice matter under chapter 5B —on the application of any of the following— (i) the adult; (ii) an interested person for the adult; (iii) a relevant service provider providing disability services to the adult; (iv) the chief executive (disability services); (v) the public guardian; (vi) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; (vii) if the adult is a forensic disability client—the director of forensic disability.\n- (i) the adult;\n- (ii) an interested person for the adult;\n- (iii) a relevant service provider providing disability services to the adult;\n- (iv) the chief executive (disability services);\n- (v) the public guardian;\n- (vi) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\n- (vii) if the adult is a forensic disability client—the director of forensic disability.\n- (i) the adult;\n- (ii) an interested person for the adult;\n- (iii) the public trustee;\n- (iv) a trustee company under the Trustee Companies Act 1968 ; or\n- (i) the adult;\n- (ii) an interested person for the adult;\n- (iii) a relevant service provider providing disability services to the adult;\n- (iv) the chief executive (disability services);\n- (v) the public guardian;\n- (vi) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\n- (vii) if the adult is a forensic disability client—the director of forensic disability.","sortOrder":28},{"sectionNumber":"sec.30","sectionType":"section","heading":"Guardian or administrator to update advice about appropriateness and competence","content":"### sec.30 Guardian or administrator to update advice about appropriateness and competence\n\nFor a review of an appointment, the tribunal may require the guardian or administrator to advise the tribunal of anything of which the guardian or administrator—\nhas not previously advised the tribunal; and\nwould be required to advise the tribunal under section 16 if the tribunal were considering whether to appoint the guardian or administrator.\nThe guardian or administrator must give the advice by statutory declaration or on oath or affirmation if required by the tribunal.\nMaximum penalty—40 penalty units.\n(sec.30-ssec.1) For a review of an appointment, the tribunal may require the guardian or administrator to advise the tribunal of anything of which the guardian or administrator— has not previously advised the tribunal; and would be required to advise the tribunal under section 16 if the tribunal were considering whether to appoint the guardian or administrator.\n(sec.30-ssec.2) The guardian or administrator must give the advice by statutory declaration or on oath or affirmation if required by the tribunal. Maximum penalty—40 penalty units.\n- (a) has not previously advised the tribunal; and\n- (b) would be required to advise the tribunal under section 16 if the tribunal were considering whether to appoint the guardian or administrator.","sortOrder":29},{"sectionNumber":"sec.31","sectionType":"section","heading":"Appointment review process","content":"### sec.31 Appointment review process\n\nThe tribunal may conduct a review of an appointment of a guardian or administrator (an appointee ) for an adult in the way it considers appropriate.\nAt the end of the review, the tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made.\nIf the tribunal is satisfied there are appropriate grounds for an appointment to continue, it may either—\ncontinue its order making the appointment; or\nchange its order making the appointment, including, for example, by—\nchanging the terms of the appointment; or\nremoving an appointee; or\nmaking a new appointment.\nHowever, the tribunal may make an order removing an appointee, other than the public guardian, only if the tribunal considers—\nthe appointee is no longer competent; or\nanother person is more appropriate for appointment.\nAn appointee is no longer competent if, for example—\na relevant interest of the adult has not been, or is not being, adequately protected; or\nthe appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or\nthe appointee is an administrator appointed for a matter involving an interest in land and the appointee fails to advise the registrar of titles of the appointment as required under section 21 (1) ; or\nthe appointee has otherwise contravened this Act.\nThe tribunal may make an order removing the public guardian as an appointee if there is an appropriate person mentioned in section 14 (1) available for appointment.\nThe tribunal may include in its order changing or revoking the appointment of an administrator a provision as to who must pay the titles registry fee for giving or withdrawing the advice of the change or revocation.\ns 31 amd 2003 No. 87 s 8 ; 2019 No. 9 s 17 ; 2021 No. 12 s 148 sch 3\n(sec.31-ssec.1) The tribunal may conduct a review of an appointment of a guardian or administrator (an appointee ) for an adult in the way it considers appropriate.\n(sec.31-ssec.2) At the end of the review, the tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made.\n(sec.31-ssec.3) If the tribunal is satisfied there are appropriate grounds for an appointment to continue, it may either— continue its order making the appointment; or change its order making the appointment, including, for example, by— changing the terms of the appointment; or removing an appointee; or making a new appointment.\n(sec.31-ssec.4) However, the tribunal may make an order removing an appointee, other than the public guardian, only if the tribunal considers— the appointee is no longer competent; or another person is more appropriate for appointment.\n(sec.31-ssec.5) An appointee is no longer competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or the appointee is an administrator appointed for a matter involving an interest in land and the appointee fails to advise the registrar of titles of the appointment as required under section 21 (1) ; or the appointee has otherwise contravened this Act.\n(sec.31-ssec.6) The tribunal may make an order removing the public guardian as an appointee if there is an appropriate person mentioned in section 14 (1) available for appointment.\n(sec.31-ssec.7) The tribunal may include in its order changing or revoking the appointment of an administrator a provision as to who must pay the titles registry fee for giving or withdrawing the advice of the change or revocation.\n- (a) continue its order making the appointment; or\n- (b) change its order making the appointment, including, for example, by— (i) changing the terms of the appointment; or (ii) removing an appointee; or (iii) making a new appointment.\n- (i) changing the terms of the appointment; or\n- (ii) removing an appointee; or\n- (iii) making a new appointment.\n- (i) changing the terms of the appointment; or\n- (ii) removing an appointee; or\n- (iii) making a new appointment.\n- (a) the appointee is no longer competent; or\n- (b) another person is more appropriate for appointment.\n- (a) a relevant interest of the adult has not been, or is not being, adequately protected; or\n- (b) the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or\n- (c) the appointee is an administrator appointed for a matter involving an interest in land and the appointee fails to advise the registrar of titles of the appointment as required under section 21 (1) ; or\n- (d) the appointee has otherwise contravened this Act.","sortOrder":30},{"sectionNumber":"sec.32","sectionType":"section","heading":"Tribunal to advise of change, revocation or ending of appointment","content":"### sec.32 Tribunal to advise of change, revocation or ending of appointment\n\nThis section applies if—\nthe tribunal changes or revokes the appointment for an adult of a guardian or administrator; or\nthe tribunal is given advice of the ending of an appointment under section 26 or 57 .\nThe registrar of the tribunal must take reasonable steps to advise the adult and any remaining guardians and administrators of the change, revocation or ending of the appointment.\ns 32 sub 2003 No. 87 s 9\n(sec.32-ssec.1) This section applies if— the tribunal changes or revokes the appointment for an adult of a guardian or administrator; or the tribunal is given advice of the ending of an appointment under section 26 or 57 .\n(sec.32-ssec.2) The registrar of the tribunal must take reasonable steps to advise the adult and any remaining guardians and administrators of the change, revocation or ending of the appointment.\n- (a) the tribunal changes or revokes the appointment for an adult of a guardian or administrator; or\n- (b) the tribunal is given advice of the ending of an appointment under section 26 or 57 .","sortOrder":31},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Additional requirements if change, revocation or ending of appointment and interest in land involved","content":"### sec.32A Additional requirements if change, revocation or ending of appointment and interest in land involved\n\nThis section applies if—\nan administrator was appointed for a matter involving an interest in land; and\neither—\nthe tribunal changes or revokes the appointment; or\nthe tribunal is given advice of the ending of the appointment under section 26 or 57 .\nThe registrar of the tribunal and any remaining administrator appointed for a matter involving an interest in land must, within 3 months of the change, revocation or ending of the appointment, advise the registrar of titles of the change, revocation or ending of the appointment.\nIf the registrar of titles receives an advice, the registrar of titles must keep the information contained in the advice in a way that ensures a search of the relevant title reveals the order changing or revoking the appointment has been made or the advice mentioned in subsection (1) (b) (ii) has been given.\ns 32A ins 2003 No. 87 s 9\namd 2019 No. 9 s 18\n(sec.32A-ssec.1) This section applies if— an administrator was appointed for a matter involving an interest in land; and either— the tribunal changes or revokes the appointment; or the tribunal is given advice of the ending of the appointment under section 26 or 57 .\n(sec.32A-ssec.2) The registrar of the tribunal and any remaining administrator appointed for a matter involving an interest in land must, within 3 months of the change, revocation or ending of the appointment, advise the registrar of titles of the change, revocation or ending of the appointment.\n(sec.32A-ssec.3) If the registrar of titles receives an advice, the registrar of titles must keep the information contained in the advice in a way that ensures a search of the relevant title reveals the order changing or revoking the appointment has been made or the advice mentioned in subsection (1) (b) (ii) has been given.\n- (a) an administrator was appointed for a matter involving an interest in land; and\n- (b) either— (i) the tribunal changes or revokes the appointment; or (ii) the tribunal is given advice of the ending of the appointment under section 26 or 57 .\n- (i) the tribunal changes or revokes the appointment; or\n- (ii) the tribunal is given advice of the ending of the appointment under section 26 or 57 .\n- (i) the tribunal changes or revokes the appointment; or\n- (ii) the tribunal is given advice of the ending of the appointment under section 26 or 57 .","sortOrder":32},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Directions","content":"## Directions","sortOrder":33},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Directions to former guardian or administrator","content":"### sec.32B Directions to former guardian or administrator\n\nThis section applies if an appointment as a guardian or administrator ends under section 26 , 27 or 31 .\nThe tribunal may give directions to the former guardian or administrator that the tribunal considers necessary because of the ending of the appointment.\nThe tribunal may give the directions to the former guardian or administrator—\nif the appointment ends under section 27 —when the tribunal gives leave to withdraw as guardian or administrator for a matter; or\nif the appointment ends under section 31 —when the tribunal revokes the order that made the appointment or makes an order removing the guardian or administrator; or\nin all cases—at any hearing of a proceeding relating to the adult for whom the person was formerly a guardian or administrator.\nHowever, the directions may relate only to a matter for which the former guardian or administrator was appointed immediately before the appointment ends.\ns 32B ins 2007 No. 37 s 76\n(sec.32B-ssec.1) This section applies if an appointment as a guardian or administrator ends under section 26 , 27 or 31 .\n(sec.32B-ssec.2) The tribunal may give directions to the former guardian or administrator that the tribunal considers necessary because of the ending of the appointment.\n(sec.32B-ssec.3) The tribunal may give the directions to the former guardian or administrator— if the appointment ends under section 27 —when the tribunal gives leave to withdraw as guardian or administrator for a matter; or if the appointment ends under section 31 —when the tribunal revokes the order that made the appointment or makes an order removing the guardian or administrator; or in all cases—at any hearing of a proceeding relating to the adult for whom the person was formerly a guardian or administrator.\n(sec.32B-ssec.4) However, the directions may relate only to a matter for which the former guardian or administrator was appointed immediately before the appointment ends.\n- (a) if the appointment ends under section 27 —when the tribunal gives leave to withdraw as guardian or administrator for a matter; or\n- (b) if the appointment ends under section 31 —when the tribunal revokes the order that made the appointment or makes an order removing the guardian or administrator; or\n- (c) in all cases—at any hearing of a proceeding relating to the adult for whom the person was formerly a guardian or administrator.","sortOrder":34},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"General functions and powers of guardian or administrator","content":"# General functions and powers of guardian or administrator","sortOrder":35},{"sectionNumber":"sec.33","sectionType":"section","heading":"Power of guardian or administrator","content":"### sec.33 Power of guardian or administrator\n\nUnless the tribunal orders otherwise, a guardian is authorised to do, in accordance with the terms of the guardian’s appointment, anything in relation to a personal matter that the adult could have done if the adult had capacity for the matter when the power is exercised.\nUnless the tribunal orders otherwise, an administrator is authorised to do, in accordance with the terms of the administrator’s appointment, anything in relation to a financial matter that the adult could have done if the adult had capacity for the matter when the power is exercised.\nFor a guardian for a restrictive practice matter under chapter 5B , this section applies subject to sections 80ZE and 80ZF .\ns 33 amd 2008 No. 23 s 21\n(sec.33-ssec.1) Unless the tribunal orders otherwise, a guardian is authorised to do, in accordance with the terms of the guardian’s appointment, anything in relation to a personal matter that the adult could have done if the adult had capacity for the matter when the power is exercised.\n(sec.33-ssec.2) Unless the tribunal orders otherwise, an administrator is authorised to do, in accordance with the terms of the administrator’s appointment, anything in relation to a financial matter that the adult could have done if the adult had capacity for the matter when the power is exercised.\n(sec.33-ssec.3) For a guardian for a restrictive practice matter under chapter 5B , this section applies subject to sections 80ZE and 80ZF .","sortOrder":36},{"sectionNumber":"sec.34","sectionType":"section","heading":"Apply principles","content":"### sec.34 Apply principles\n\nA guardian or administrator must apply the general principles.\nSee section 11B .\nHowever, an administrator appointed under section 12A is not required to apply general principles 1, 3, 4, 7, 8 and 10(1) to (3) and (5).\nIn making a health care decision, a guardian must also apply the health care principles.\ns 34 amd 2012 No. 37 s 51 sch ; 2019 No. 9 s 19\n(sec.34-ssec.1) A guardian or administrator must apply the general principles. See section 11B .\n(sec.34-ssec.2) However, an administrator appointed under section 12A is not required to apply general principles 1, 3, 4, 7, 8 and 10(1) to (3) and (5).\n(sec.34-ssec.3) In making a health care decision, a guardian must also apply the health care principles.","sortOrder":37},{"sectionNumber":"sec.35","sectionType":"section","heading":"Act honestly and with reasonable diligence","content":"### sec.35 Act honestly and with reasonable diligence\n\nA guardian or administrator who may exercise power for an adult must exercise the power honestly and with reasonable diligence to protect the adult’s interests.\nMaximum penalty—200 penalty units.","sortOrder":38},{"sectionNumber":"sec.36","sectionType":"section","heading":"Act as required by terms of tribunal order","content":"### sec.36 Act as required by terms of tribunal order\n\nA guardian or administrator who may exercise power for an adult must, when exercising the power, exercise it as required by the terms of any order of the tribunal.\nMaximum penalty—200 penalty units.","sortOrder":39},{"sectionNumber":"sec.37","sectionType":"section","heading":"Avoid conflict transaction","content":"### sec.37 Avoid conflict transaction\n\nAn administrator for an adult may enter into a conflict transaction only if the tribunal has authorised the transaction, conflict transactions of that type or conflict transactions generally.\nSee section 152 for the authorisation of conflict transactions by the tribunal.\nA conflict transaction is a transaction in which there may be conflict, or which results in conflict, between—\nthe duty of an administrator towards the adult; and\neither—\nthe interests of the administrator or a person in a close personal or business relationship with the administrator; or\nanother duty of the administrator.\nA conflict transaction happens if an adult’s administrator buys the adult’s car.\nA conflict transaction happens if an adult’s administrator lends the adult’s money to a close friend of the administrator.\nA conflict transaction happens if an adult’s administrator rents the adult’s residential property to the administrator or a relative of the administrator.\nA conflict transaction happens if an adult’s administrator uses the adult’s money to pay the personal expenses of the administrator, including, for example, the administrator’s personal travel expenses.\nA conflict transaction happens if an adult’s administrator buys the adult’s house.\nA conflict transaction does not happen if an adult’s administrator is acting under section 55 to maintain the adult’s dependants.\nHowever, a transaction is not a conflict transaction merely because—\nthe administrator is related to the adult; or\nthe administrator may be a beneficiary of the adult’s estate on the adult’s death; or\nby the transaction the administrator in the administrator’s own right and on behalf of the adult—\ndeals with an interest in property jointly held; or\nacquires a joint interest in property; or\nobtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .\nAlso, to remove any doubt, it is declared that the making of a gift or donation under section 54 is not a conflict transaction.\nA conflict transaction between an administrator and a person who does not know, or have reason to believe, the transaction is a conflict transaction is, in favour of the person, as valid as if the transaction were not a conflict transaction.\nIn this section—\njoint interest includes an interest as a joint tenant or tenant in common.\ns 37 amd 2019 No. 9 s 20\n(sec.37-ssec.1) An administrator for an adult may enter into a conflict transaction only if the tribunal has authorised the transaction, conflict transactions of that type or conflict transactions generally. See section 152 for the authorisation of conflict transactions by the tribunal.\n(sec.37-ssec.2) A conflict transaction is a transaction in which there may be conflict, or which results in conflict, between— the duty of an administrator towards the adult; and either— the interests of the administrator or a person in a close personal or business relationship with the administrator; or another duty of the administrator. A conflict transaction happens if an adult’s administrator buys the adult’s car. A conflict transaction happens if an adult’s administrator lends the adult’s money to a close friend of the administrator. A conflict transaction happens if an adult’s administrator rents the adult’s residential property to the administrator or a relative of the administrator. A conflict transaction happens if an adult’s administrator uses the adult’s money to pay the personal expenses of the administrator, including, for example, the administrator’s personal travel expenses. A conflict transaction happens if an adult’s administrator buys the adult’s house. A conflict transaction does not happen if an adult’s administrator is acting under section 55 to maintain the adult’s dependants.\n(sec.37-ssec.3) However, a transaction is not a conflict transaction merely because— the administrator is related to the adult; or the administrator may be a beneficiary of the adult’s estate on the adult’s death; or by the transaction the administrator in the administrator’s own right and on behalf of the adult— deals with an interest in property jointly held; or acquires a joint interest in property; or obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .\n(sec.37-ssec.4) Also, to remove any doubt, it is declared that the making of a gift or donation under section 54 is not a conflict transaction.\n(sec.37-ssec.5) A conflict transaction between an administrator and a person who does not know, or have reason to believe, the transaction is a conflict transaction is, in favour of the person, as valid as if the transaction were not a conflict transaction.\n(sec.37-ssec.6) In this section— joint interest includes an interest as a joint tenant or tenant in common.\n- (a) the duty of an administrator towards the adult; and\n- (b) either— (i) the interests of the administrator or a person in a close personal or business relationship with the administrator; or (ii) another duty of the administrator.\n- (i) the interests of the administrator or a person in a close personal or business relationship with the administrator; or\n- (ii) another duty of the administrator.\n- (i) the interests of the administrator or a person in a close personal or business relationship with the administrator; or\n- (ii) another duty of the administrator.\n- 1 A conflict transaction happens if an adult’s administrator buys the adult’s car.\n- 2 A conflict transaction happens if an adult’s administrator lends the adult’s money to a close friend of the administrator.\n- 3 A conflict transaction happens if an adult’s administrator rents the adult’s residential property to the administrator or a relative of the administrator.\n- 4 A conflict transaction happens if an adult’s administrator uses the adult’s money to pay the personal expenses of the administrator, including, for example, the administrator’s personal travel expenses.\n- 5 A conflict transaction happens if an adult’s administrator buys the adult’s house.\n- 6 A conflict transaction does not happen if an adult’s administrator is acting under section 55 to maintain the adult’s dependants.\n- (a) the administrator is related to the adult; or\n- (b) the administrator may be a beneficiary of the adult’s estate on the adult’s death; or\n- (c) by the transaction the administrator in the administrator’s own right and on behalf of the adult— (i) deals with an interest in property jointly held; or (ii) acquires a joint interest in property; or (iii) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .\n- (i) deals with an interest in property jointly held; or\n- (ii) acquires a joint interest in property; or\n- (iii) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .\n- (i) deals with an interest in property jointly held; or\n- (ii) acquires a joint interest in property; or\n- (iii) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .","sortOrder":40},{"sectionNumber":"sec.38","sectionType":"section","heading":"Multiple guardians or administrators are joint if not otherwise stated","content":"### sec.38 Multiple guardians or administrators are joint if not otherwise stated\n\nTwo or more guardians or administrators for a matter are appointed as joint guardians or joint administrators for the matter if the tribunal does not order otherwise.","sortOrder":41},{"sectionNumber":"sec.39","sectionType":"section","heading":"Act together with joint guardians or administrators","content":"### sec.39 Act together with joint guardians or administrators\n\nGuardians or administrators for an adult who may exercise power for a matter jointly must exercise the power unanimously.\nIf it is impracticable or impossible to exercise the power unanimously, 1 or more of the guardians or administrators, or another interested person for the adult, may apply for directions to the tribunal.\n(sec.39-ssec.1) Guardians or administrators for an adult who may exercise power for a matter jointly must exercise the power unanimously.\n(sec.39-ssec.2) If it is impracticable or impossible to exercise the power unanimously, 1 or more of the guardians or administrators, or another interested person for the adult, may apply for directions to the tribunal.","sortOrder":42},{"sectionNumber":"sec.40","sectionType":"section","heading":"Consult with adult’s other appointees or attorneys","content":"### sec.40 Consult with adult’s other appointees or attorneys\n\nIf there are 2 or more persons who are guardian, administrator or attorney for an adult, the persons must consult with one another on a regular basis to ensure the adult’s interests are not prejudiced by a breakdown in communication between them.\nHowever, failure to comply with subsection (1) does not affect the validity of an exercise of power by a guardian, administrator or attorney.\nIn this section—\nattorney means an attorney under an enduring document or a statutory health attorney.\n(sec.40-ssec.1) If there are 2 or more persons who are guardian, administrator or attorney for an adult, the persons must consult with one another on a regular basis to ensure the adult’s interests are not prejudiced by a breakdown in communication between them.\n(sec.40-ssec.2) However, failure to comply with subsection (1) does not affect the validity of an exercise of power by a guardian, administrator or attorney.\n(sec.40-ssec.3) In this section— attorney means an attorney under an enduring document or a statutory health attorney.","sortOrder":43},{"sectionNumber":"sec.41","sectionType":"section","heading":"Disagreement about matter other than health matter","content":"### sec.41 Disagreement about matter other than health matter\n\nIf—\na guardian, administrator or attorney for an adult disagrees with another person who is a guardian, administrator or attorney for the adult about the way power for a matter, other than a health matter, should be exercised; and\nthe disagreement can not be resolved by mediation by the public guardian;\nthe public guardian or any person mentioned in paragraph (a) may apply for directions to the tribunal.\nIn this section—\nattorney means an attorney under an enduring document.\ns 41 amd 2014 No. 26 s 240 (1)\n(sec.41-ssec.1) If— a guardian, administrator or attorney for an adult disagrees with another person who is a guardian, administrator or attorney for the adult about the way power for a matter, other than a health matter, should be exercised; and the disagreement can not be resolved by mediation by the public guardian; the public guardian or any person mentioned in paragraph (a) may apply for directions to the tribunal.\n(sec.41-ssec.2) In this section— attorney means an attorney under an enduring document.\n- (a) a guardian, administrator or attorney for an adult disagrees with another person who is a guardian, administrator or attorney for the adult about the way power for a matter, other than a health matter, should be exercised; and\n- (b) the disagreement can not be resolved by mediation by the public guardian;","sortOrder":44},{"sectionNumber":"sec.42","sectionType":"section","heading":"Disagreement about health matter","content":"### sec.42 Disagreement about health matter\n\nIf there is a disagreement about a health matter for an adult and the disagreement can not be resolved by mediation by the public guardian, the public guardian may exercise power for the health matter.\nIf the public guardian exercises power under subsection (1) , the public guardian must advise the tribunal in writing of the following details—\nthe name of the adult;\nan outline of the disagreement;\nthe name of each guardian, attorney or eligible statutory health attorney involved in the disagreement;\nthe decision made by the public guardian.\nIn this section—\nattorney means an attorney under an enduring document or a statutory health attorney.\ndisagreement about a health matter means—\na disagreement between a guardian or attorney for an adult and another person who is a guardian or attorney for the adult about the way power for the health matter should be exercised; or\na disagreement between or among 2 or more eligible statutory health attorneys for an adult about which of them should be the adult’s statutory health attorney or how power for the health matter should be exercised.\neligible statutory health attorneys are persons eligible to be an adult’s statutory health attorney under the Powers of Attorney Act 1998 , section 63 (1) (a) , (b) or (c) .\ns 42 amd 2014 No. 26 s 240 (1)\n(sec.42-ssec.1) If there is a disagreement about a health matter for an adult and the disagreement can not be resolved by mediation by the public guardian, the public guardian may exercise power for the health matter.\n(sec.42-ssec.2) If the public guardian exercises power under subsection (1) , the public guardian must advise the tribunal in writing of the following details— the name of the adult; an outline of the disagreement; the name of each guardian, attorney or eligible statutory health attorney involved in the disagreement; the decision made by the public guardian.\n(sec.42-ssec.3) In this section— attorney means an attorney under an enduring document or a statutory health attorney. disagreement about a health matter means— a disagreement between a guardian or attorney for an adult and another person who is a guardian or attorney for the adult about the way power for the health matter should be exercised; or a disagreement between or among 2 or more eligible statutory health attorneys for an adult about which of them should be the adult’s statutory health attorney or how power for the health matter should be exercised. eligible statutory health attorneys are persons eligible to be an adult’s statutory health attorney under the Powers of Attorney Act 1998 , section 63 (1) (a) , (b) or (c) .\n- (a) the name of the adult;\n- (b) an outline of the disagreement;\n- (c) the name of each guardian, attorney or eligible statutory health attorney involved in the disagreement;\n- (d) the decision made by the public guardian.\n- (a) a disagreement between a guardian or attorney for an adult and another person who is a guardian or attorney for the adult about the way power for the health matter should be exercised; or\n- (b) a disagreement between or among 2 or more eligible statutory health attorneys for an adult about which of them should be the adult’s statutory health attorney or how power for the health matter should be exercised.","sortOrder":45},{"sectionNumber":"sec.43","sectionType":"section","heading":"Acting contrary to general principles or health care principles","content":"### sec.43 Acting contrary to general principles or health care principles\n\nIf a guardian or attorney for a health matter for an adult—\nrefuses to make a decision about the health matter for the adult and the refusal is contrary to the general principles or the health care principles; or\nmakes a decision about the health matter for the adult and the decision is contrary to the general principles or the health care principles;\nthe public guardian may exercise power for the health matter.\nIf the public guardian exercises power under this section, the public guardian must advise the tribunal in writing of the following details—\nthe name of the adult;\nthe name of the guardian or attorney;\na statement as to why the refusal or decision is contrary to the general principles or the health care principles;\nthe decision made by the public guardian.\nIn this section—\nattorney means an attorney under an enduring document or a statutory health attorney.\ns 43 amd 2014 No. 26 s 240 (1) ; 2019 No. 9 s 21\n(sec.43-ssec.1) If a guardian or attorney for a health matter for an adult— refuses to make a decision about the health matter for the adult and the refusal is contrary to the general principles or the health care principles; or makes a decision about the health matter for the adult and the decision is contrary to the general principles or the health care principles; the public guardian may exercise power for the health matter.\n(sec.43-ssec.2) If the public guardian exercises power under this section, the public guardian must advise the tribunal in writing of the following details— the name of the adult; the name of the guardian or attorney; a statement as to why the refusal or decision is contrary to the general principles or the health care principles; the decision made by the public guardian.\n(sec.43-ssec.3) In this section— attorney means an attorney under an enduring document or a statutory health attorney.\n- (a) refuses to make a decision about the health matter for the adult and the refusal is contrary to the general principles or the health care principles; or\n- (b) makes a decision about the health matter for the adult and the decision is contrary to the general principles or the health care principles;\n- (a) the name of the adult;\n- (b) the name of the guardian or attorney;\n- (c) a statement as to why the refusal or decision is contrary to the general principles or the health care principles;\n- (d) the decision made by the public guardian.","sortOrder":46},{"sectionNumber":"sec.44","sectionType":"section","heading":"Right of guardian or administrator to information","content":"### sec.44 Right of guardian or administrator to information\n\nA guardian or administrator who has power for a matter for an adult has a right to all the information the adult would have been entitled to if the adult had capacity and which is necessary to make an informed exercise of the power.\nAt the guardian’s or administrator’s request, a person who has custody or control of the information must give the information to the guardian or administrator, unless the person has a reasonable excuse.\nIf a person who has custody or control of the information does not comply with a request by a guardian or administrator to give information, the tribunal may, on application by the guardian or administrator, order the person to give the information to the guardian or administrator.\nIf the tribunal orders a person to give information to the guardian or administrator, the person must comply with the order, unless the person has a reasonable excuse.\nIt is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person.\nSubject to subsection (5) , this section overrides—\nany restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\nany claim of confidentiality or privilege, including a claim based on legal professional privilege.\ns 44 amd 2003 No. 87 s 10\n(sec.44-ssec.1) A guardian or administrator who has power for a matter for an adult has a right to all the information the adult would have been entitled to if the adult had capacity and which is necessary to make an informed exercise of the power.\n(sec.44-ssec.2) At the guardian’s or administrator’s request, a person who has custody or control of the information must give the information to the guardian or administrator, unless the person has a reasonable excuse.\n(sec.44-ssec.3) If a person who has custody or control of the information does not comply with a request by a guardian or administrator to give information, the tribunal may, on application by the guardian or administrator, order the person to give the information to the guardian or administrator.\n(sec.44-ssec.4) If the tribunal orders a person to give information to the guardian or administrator, the person must comply with the order, unless the person has a reasonable excuse.\n(sec.44-ssec.5) It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person.\n(sec.44-ssec.6) Subject to subsection (5) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege.\n- (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\n- (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege.","sortOrder":47},{"sectionNumber":"sec.45","sectionType":"section","heading":"Execution of instrument etc.","content":"### sec.45 Execution of instrument etc.\n\nIf necessary or convenient for the exercise of power given to a guardian or administrator (the appointee ), the appointee may—\nexecute an instrument with the appointee’s own signature or, if sealing is required or used, with the appointee’s own seal; and\ndo any other thing in the appointee’s own name.\nAn instrument executed by an appointee must be executed in a way showing the appointee executes it as guardian or administrator for the adult.\nAn instrument executed, or thing done, in the way mentioned in this section is as effective as if executed or done by the adult—\nwith the adult’s signature; or\nwith the adult’s signature and seal; or\nin the adult’s name.\nThis section applies subject to the Property Law Act 2023 , section 52 .\ns 45 amd 2021 No. 23 s 58 sch 1 ; 2023 No. 27 s 289 sch 3\n(sec.45-ssec.1) If necessary or convenient for the exercise of power given to a guardian or administrator (the appointee ), the appointee may— execute an instrument with the appointee’s own signature or, if sealing is required or used, with the appointee’s own seal; and do any other thing in the appointee’s own name.\n(sec.45-ssec.2) An instrument executed by an appointee must be executed in a way showing the appointee executes it as guardian or administrator for the adult.\n(sec.45-ssec.3) An instrument executed, or thing done, in the way mentioned in this section is as effective as if executed or done by the adult— with the adult’s signature; or with the adult’s signature and seal; or in the adult’s name.\n(sec.45-ssec.4) This section applies subject to the Property Law Act 2023 , section 52 .\n- (a) execute an instrument with the appointee’s own signature or, if sealing is required or used, with the appointee’s own seal; and\n- (b) do any other thing in the appointee’s own name.\n- (a) with the adult’s signature; or\n- (b) with the adult’s signature and seal; or\n- (c) in the adult’s name.","sortOrder":48},{"sectionNumber":"sec.46","sectionType":"section","heading":"Implied power to execute a deed","content":"### sec.46 Implied power to execute a deed\n\nIf a tribunal order gives a guardian or administrator power to do a thing, the guardian or administrator is given power to execute a deed to do the thing.","sortOrder":49},{"sectionNumber":"sec.47","sectionType":"section","heading":"Payment of expenses","content":"### sec.47 Payment of expenses\n\nA guardian or administrator for an adult is entitled to reimbursement from the adult of the reasonable expenses incurred in acting as guardian or administrator.","sortOrder":50},{"sectionNumber":"sec.48","sectionType":"section","heading":"Remuneration of professional administrators","content":"### sec.48 Remuneration of professional administrators\n\nAn administrator for an adult is entitled to remuneration from the adult if the tribunal makes an order that the administrator is to be remunerated by the adult.\nThe tribunal may make an order under subsection (1) only if the administrator carries on a business providing professional services.\nThe remuneration may not be more than the amount the tribunal considers fair and reasonable, having regard to—\nthe nature and complexity of the service; and\nthe care, skill and specialised knowledge required to provide the service; and\nthe responsibility displayed in providing the service; and\nthe time within which the service was provided; and\nthe place where, and the circumstances in which, the service was provided.\nNothing in this section affects the right of the public trustee or a trustee company to remuneration or commission under another Act or the Corporations Act .\ns 48 amd 2009 No. 49 s 102 ; 2019 No. 9 s 22\n(sec.48-ssec.1) An administrator for an adult is entitled to remuneration from the adult if the tribunal makes an order that the administrator is to be remunerated by the adult.\n(sec.48-ssec.2) The tribunal may make an order under subsection (1) only if the administrator carries on a business providing professional services.\n(sec.48-ssec.3) The remuneration may not be more than the amount the tribunal considers fair and reasonable, having regard to— the nature and complexity of the service; and the care, skill and specialised knowledge required to provide the service; and the responsibility displayed in providing the service; and the time within which the service was provided; and the place where, and the circumstances in which, the service was provided.\n(sec.48-ssec.4) Nothing in this section affects the right of the public trustee or a trustee company to remuneration or commission under another Act or the Corporations Act .\n- (a) the nature and complexity of the service; and\n- (b) the care, skill and specialised knowledge required to provide the service; and\n- (c) the responsibility displayed in providing the service; and\n- (d) the time within which the service was provided; and\n- (e) the place where, and the circumstances in which, the service was provided.","sortOrder":51},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Particular functions and powers of administrators","content":"# Particular functions and powers of administrators","sortOrder":52},{"sectionNumber":"sec.49","sectionType":"section","heading":"Keep records","content":"### sec.49 Keep records\n\nAn administrator for an adult must—\nkeep records that are reasonable in the circumstances; and\nif required by the tribunal—produce records of dealings and transactions involving the adult’s property that are reasonable for inspection at the time the tribunal decides.\nMaximum penalty—100 penalty units.\nAn administrator must also, if required by the tribunal—\nkeep the records the tribunal decides; and\nproduce the records for inspection at the time and in the way the tribunal decides.\nMaximum penalty—100 penalty units.\n(sec.49-ssec.1) An administrator for an adult must— keep records that are reasonable in the circumstances; and if required by the tribunal—produce records of dealings and transactions involving the adult’s property that are reasonable for inspection at the time the tribunal decides. Maximum penalty—100 penalty units.\n(sec.49-ssec.2) An administrator must also, if required by the tribunal— keep the records the tribunal decides; and produce the records for inspection at the time and in the way the tribunal decides. Maximum penalty—100 penalty units.\n- (a) keep records that are reasonable in the circumstances; and\n- (b) if required by the tribunal—produce records of dealings and transactions involving the adult’s property that are reasonable for inspection at the time the tribunal decides.\n- (a) keep the records the tribunal decides; and\n- (b) produce the records for inspection at the time and in the way the tribunal decides.","sortOrder":53},{"sectionNumber":"sec.50","sectionType":"section","heading":"Keep property separate","content":"### sec.50 Keep property separate\n\nAn administrator for an adult must keep the administrator’s property separate from the adult’s property.\nMaximum penalty—300 penalty units.\nSubsection (1) does not apply to property owned jointly by the adult and administrator.\nSubsection (1) does not affect another obligation imposed by law.\ns 50 amd 2003 No. 87 s 11\n(sec.50-ssec.1) An administrator for an adult must keep the administrator’s property separate from the adult’s property. Maximum penalty—300 penalty units.\n(sec.50-ssec.2) Subsection (1) does not apply to property owned jointly by the adult and administrator.\n(sec.50-ssec.3) Subsection (1) does not affect another obligation imposed by law.","sortOrder":54},{"sectionNumber":"sec.51","sectionType":"section","heading":"Power to invest and continue investments","content":"### sec.51 Power to invest and continue investments\n\nThis section applies if an administrator for an adult has power to invest.\nThe administrator may invest only in authorised investments.\nHowever, if, when the administrator is appointed, the adult had investments that were not authorised investments, the administrator may continue the investments, including by taking up rights to issues of new shares, or options for new shares, to which the adult becomes entitled by the adult’s existing shareholding.\n(sec.51-ssec.1) This section applies if an administrator for an adult has power to invest.\n(sec.51-ssec.2) The administrator may invest only in authorised investments.\n(sec.51-ssec.3) However, if, when the administrator is appointed, the adult had investments that were not authorised investments, the administrator may continue the investments, including by taking up rights to issues of new shares, or options for new shares, to which the adult becomes entitled by the adult’s existing shareholding.","sortOrder":55},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2003 No. 87 s 12","sortOrder":56},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2003 No. 87 s 12","sortOrder":57},{"sectionNumber":"sec.54","sectionType":"section","heading":"Gifts and donations","content":"### sec.54 Gifts and donations\n\nUnless the tribunal orders otherwise, an administrator for an adult may give away or donate the adult’s property only if—\nthe gift or donation is—\na gift or donation of the nature the adult made when the adult had capacity; or\na gift or donation of the nature the adult might reasonably be expected to make; and\nthe value of the gift or donation is not more than what is reasonable having regard to all the circumstances and, in particular, the adult’s financial circumstances.\nThe administrator or a charity with which the administrator has a connection is not precluded from receiving a gift or donation under subsection (1) .\ns 54 amd 2019 No. 9 s 23\n(sec.54-ssec.1) Unless the tribunal orders otherwise, an administrator for an adult may give away or donate the adult’s property only if— the gift or donation is— a gift or donation of the nature the adult made when the adult had capacity; or a gift or donation of the nature the adult might reasonably be expected to make; and the value of the gift or donation is not more than what is reasonable having regard to all the circumstances and, in particular, the adult’s financial circumstances.\n(sec.54-ssec.2) The administrator or a charity with which the administrator has a connection is not precluded from receiving a gift or donation under subsection (1) .\n- (a) the gift or donation is— (i) a gift or donation of the nature the adult made when the adult had capacity; or (ii) a gift or donation of the nature the adult might reasonably be expected to make; and\n- (i) a gift or donation of the nature the adult made when the adult had capacity; or\n- (ii) a gift or donation of the nature the adult might reasonably be expected to make; and\n- (b) the value of the gift or donation is not more than what is reasonable having regard to all the circumstances and, in particular, the adult’s financial circumstances.\n- (i) a gift or donation of the nature the adult made when the adult had capacity; or\n- (ii) a gift or donation of the nature the adult might reasonably be expected to make; and","sortOrder":58},{"sectionNumber":"sec.55","sectionType":"section","heading":"Maintain adult’s dependants","content":"### sec.55 Maintain adult’s dependants\n\nAn administrator for an adult may provide from the adult’s estate for the needs of a dependant of the adult.\nHowever, unless the tribunal orders otherwise, what is provided must not be more than what is reasonable having regard to all the circumstances and, in particular, the adult’s financial circumstances.\n(sec.55-ssec.1) An administrator for an adult may provide from the adult’s estate for the needs of a dependant of the adult.\n(sec.55-ssec.2) However, unless the tribunal orders otherwise, what is provided must not be more than what is reasonable having regard to all the circumstances and, in particular, the adult’s financial circumstances.","sortOrder":59},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Other provisions applying to guardians and administrators","content":"# Other provisions applying to guardians and administrators","sortOrder":60},{"sectionNumber":"sec.56","sectionType":"section","heading":"Protection if unaware of change of appointee’s power","content":"### sec.56 Protection if unaware of change of appointee’s power\n\nThis section applies if—\nthe tribunal gives power for a matter to a guardian or administrator; and\nthe power is changed.\nThe guardian or administrator who, without knowing of the change, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the change.\nA transaction between—\nthe guardian or administrator who purports to exercise power for the matter; and\na person who does not know of the change;\nis, in favour of the person, as valid as if the power had not been changed.\nIn this section—\nchange , of power for a matter, includes—\nsuspension of power for the matter; and\nremoval as guardian or administrator for the matter.\nknow , of a change of a power, includes—\nknow of the happening of an event that changes the power; and\nFor an example of an event, an appointment ends if a guardian or administrator for an adult becomes a paid carer, or health provider, for the adult—see section 26 (Automatic revocation).\nhave reason to believe the change has happened.\ns 56 amd 2010 No. 2 s 96 sch 1\n(sec.56-ssec.1) This section applies if— the tribunal gives power for a matter to a guardian or administrator; and the power is changed.\n(sec.56-ssec.2) The guardian or administrator who, without knowing of the change, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the change.\n(sec.56-ssec.3) A transaction between— the guardian or administrator who purports to exercise power for the matter; and a person who does not know of the change; is, in favour of the person, as valid as if the power had not been changed.\n(sec.56-ssec.4) In this section— change , of power for a matter, includes— suspension of power for the matter; and removal as guardian or administrator for the matter. know , of a change of a power, includes— know of the happening of an event that changes the power; and For an example of an event, an appointment ends if a guardian or administrator for an adult becomes a paid carer, or health provider, for the adult—see section 26 (Automatic revocation). have reason to believe the change has happened.\n- (a) the tribunal gives power for a matter to a guardian or administrator; and\n- (b) the power is changed.\n- (a) the guardian or administrator who purports to exercise power for the matter; and\n- (b) a person who does not know of the change;\n- (a) suspension of power for the matter; and\n- (b) removal as guardian or administrator for the matter.\n- (a) know of the happening of an event that changes the power; and Note— For an example of an event, an appointment ends if a guardian or administrator for an adult becomes a paid carer, or health provider, for the adult—see section 26 (Automatic revocation).\n- (b) have reason to believe the change has happened.","sortOrder":61},{"sectionNumber":"sec.57","sectionType":"section","heading":"Advice of change of successive appointee","content":"### sec.57 Advice of change of successive appointee\n\nThis section applies if the tribunal appoints successive guardians or administrators so power is given to a particular appointee only when the power of a previous appointee ends.\nIf the power of a previous appointee ends—\nthe previous appointee must advise the next successive appointee of the ending of the previous appointment; and\nthe next successive appointee must advise the tribunal in writing of the change as soon as practicable.\n(sec.57-ssec.1) This section applies if the tribunal appoints successive guardians or administrators so power is given to a particular appointee only when the power of a previous appointee ends.\n(sec.57-ssec.2) If the power of a previous appointee ends— the previous appointee must advise the next successive appointee of the ending of the previous appointment; and the next successive appointee must advise the tribunal in writing of the change as soon as practicable.\n- (a) the previous appointee must advise the next successive appointee of the ending of the previous appointment; and\n- (b) the next successive appointee must advise the tribunal in writing of the change as soon as practicable.","sortOrder":62},{"sectionNumber":"sec.58","sectionType":"section","heading":"Relief from personal liability","content":"### sec.58 Relief from personal liability\n\nThis section applies if the court considers—\na guardian or administrator is, or may be, personally liable for a contravention of this Act; and\nthe guardian or administrator has acted honestly and reasonably and ought fairly to be excused for the contravention.\nThe court may relieve the guardian or administrator of all or part of the guardian’s or administrator’s personal liability for the contravention.\ns 58 sub 2019 No. 9 s 24\n(sec.58-ssec.1) This section applies if the court considers— a guardian or administrator is, or may be, personally liable for a contravention of this Act; and the guardian or administrator has acted honestly and reasonably and ought fairly to be excused for the contravention.\n(sec.58-ssec.2) The court may relieve the guardian or administrator of all or part of the guardian’s or administrator’s personal liability for the contravention.\n- (a) a guardian or administrator is, or may be, personally liable for a contravention of this Act; and\n- (b) the guardian or administrator has acted honestly and reasonably and ought fairly to be excused for the contravention.","sortOrder":63},{"sectionNumber":"sec.59","sectionType":"section","heading":"Compensation and accounting for profits for failure to comply","content":"### sec.59 Compensation and accounting for profits for failure to comply\n\nThe tribunal or a court may order a guardian or administrator for an adult (an appointee ) to pay an amount to the adult or, if the adult has died, the adult’s estate—\nto compensate for a loss caused by the appointee’s failure to comply with this Act in the exercise of a power; or\nto account for any profits the appointee has accrued as a result of the appointee’s failure to comply with this Act in the exercise of a power.\nHowever, the tribunal or court may not order the appointee to make a payment under both subsection (1) (a) and (b) in relation to the same exercise of power.\nSubsection (1) applies even if the appointee is convicted of an offence in relation to the appointee’s failure.\nAlso, subsection (1) applies even if the appointee’s appointment has ended.\nIf the adult or appointee has died, an application for an order under subsection (1) must be made to the tribunal or a court within 6 months after the death.\nIf the adult and appointee have died, an application for an order under subsection (1) must be made to the tribunal or a court within 6 months after the first death.\nThe tribunal or a court may extend the application time.\nIf security has been given under section 19 and the tribunal or a court makes an order under subsection (1) , the tribunal or court may also order that the security be applied in satisfaction of the order.\nAn amount paid under a tribunal or court order under subsection (1) must be taken into account in assessing damages in a later civil proceeding in relation to the appointee’s exercise of the power.\nIn this section—\ncourt means any court.\ns 59 amd 2019 No. 9 s 25\n(sec.59-ssec.1) The tribunal or a court may order a guardian or administrator for an adult (an appointee ) to pay an amount to the adult or, if the adult has died, the adult’s estate— to compensate for a loss caused by the appointee’s failure to comply with this Act in the exercise of a power; or to account for any profits the appointee has accrued as a result of the appointee’s failure to comply with this Act in the exercise of a power.\n(sec.59-ssec.2) However, the tribunal or court may not order the appointee to make a payment under both subsection (1) (a) and (b) in relation to the same exercise of power.\n(sec.59-ssec.3) Subsection (1) applies even if the appointee is convicted of an offence in relation to the appointee’s failure.\n(sec.59-ssec.4) Also, subsection (1) applies even if the appointee’s appointment has ended.\n(sec.59-ssec.5) If the adult or appointee has died, an application for an order under subsection (1) must be made to the tribunal or a court within 6 months after the death.\n(sec.59-ssec.6) If the adult and appointee have died, an application for an order under subsection (1) must be made to the tribunal or a court within 6 months after the first death.\n(sec.59-ssec.7) The tribunal or a court may extend the application time.\n(sec.59-ssec.8) If security has been given under section 19 and the tribunal or a court makes an order under subsection (1) , the tribunal or court may also order that the security be applied in satisfaction of the order.\n(sec.59-ssec.9) An amount paid under a tribunal or court order under subsection (1) must be taken into account in assessing damages in a later civil proceeding in relation to the appointee’s exercise of the power.\n(sec.59-ssec.10) In this section— court means any court.\n- (a) to compensate for a loss caused by the appointee’s failure to comply with this Act in the exercise of a power; or\n- (b) to account for any profits the appointee has accrued as a result of the appointee’s failure to comply with this Act in the exercise of a power.","sortOrder":64},{"sectionNumber":"sec.60","sectionType":"section","heading":"Power to apply to court for compensation for loss of benefit in estate","content":"### sec.60 Power to apply to court for compensation for loss of benefit in estate\n\nThis section applies if a person’s benefit in an adult’s estate under the adult’s will, on intestacy, or by another disposition taking effect on the adult’s death, is lost because of a sale or other dealing with the adult’s property by an administrator of the adult.\nThis section applies even if the person whose benefit is lost is the administrator by whose dealing the benefit is lost.\nThe person, or the person’s personal representative, may apply to the court for compensation out of the adult’s estate.\nCourt means the Supreme Court—see schedule 4 (Dictionary).\nThe court may order that the person, or the person’s estate, be compensated out of the adult’s estate as the court considers appropriate, but the compensation must not be more than the value of the lost benefit.\nThe Succession Act 1981 , sections 41 (2) to (8) , (10) and (11) and 44 apply to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.\n(sec.60-ssec.1) This section applies if a person’s benefit in an adult’s estate under the adult’s will, on intestacy, or by another disposition taking effect on the adult’s death, is lost because of a sale or other dealing with the adult’s property by an administrator of the adult.\n(sec.60-ssec.2) This section applies even if the person whose benefit is lost is the administrator by whose dealing the benefit is lost.\n(sec.60-ssec.3) The person, or the person’s personal representative, may apply to the court for compensation out of the adult’s estate. Court means the Supreme Court—see schedule 4 (Dictionary).\n(sec.60-ssec.4) The court may order that the person, or the person’s estate, be compensated out of the adult’s estate as the court considers appropriate, but the compensation must not be more than the value of the lost benefit.\n(sec.60-ssec.5) The Succession Act 1981 , sections 41 (2) to (8) , (10) and (11) and 44 apply to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.","sortOrder":65},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Effect on beneficiary’s interest if property dealt with by administrator","content":"### sec.60A Effect on beneficiary’s interest if property dealt with by administrator\n\nThis section applies to a person who is a beneficiary ( the beneficiary ) under a deceased adult’s will.\nThe beneficiary has the same interest in any surplus money or other property ( the proceeds ) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an administrator as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened.\nThe beneficiary is also entitled to—\nany money or other property that is able to be traced as income generated by the proceeds; and\nany capital gain that is generated from the proceeds.\nThis section applies even if the beneficiary is the administrator who sold, mortgaged, charged, disposed of or otherwise dealt with the property.\nThis section applies subject to any order made by the court under section 60C (1) .\ns 60A ins 2019 No. 9 s 26\n(sec.60A-ssec.1) This section applies to a person who is a beneficiary ( the beneficiary ) under a deceased adult’s will.\n(sec.60A-ssec.2) The beneficiary has the same interest in any surplus money or other property ( the proceeds ) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an administrator as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened.\n(sec.60A-ssec.3) The beneficiary is also entitled to— any money or other property that is able to be traced as income generated by the proceeds; and any capital gain that is generated from the proceeds.\n(sec.60A-ssec.4) This section applies even if the beneficiary is the administrator who sold, mortgaged, charged, disposed of or otherwise dealt with the property.\n(sec.60A-ssec.5) This section applies subject to any order made by the court under section 60C (1) .\n- (a) any money or other property that is able to be traced as income generated by the proceeds; and\n- (b) any capital gain that is generated from the proceeds.","sortOrder":66},{"sectionNumber":"sec.60B","sectionType":"section","heading":"Administrator not required to keep proceeds and property separate","content":"### sec.60B Administrator not required to keep proceeds and property separate\n\nSection 60A does not require an administrator for an adult who has sold, mortgaged, charged, disposed of, or otherwise dealt with, the adult’s property under the powers given to the administrator, to keep any surplus money or other property arising from the sale, mortgage, charge, disposition or other dealing separate from other property of the adult.\ns 60B ins 2019 No. 9 s 26","sortOrder":67},{"sectionNumber":"sec.60C","sectionType":"section","heading":"Application to court to confirm or vary operation of s 60A","content":"### sec.60C Application to court to confirm or vary operation of s 60A\n\nAn application may be made to the court for—\nan order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A ; or\nan order to ensure a beneficiary under the adult’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 60A .\nAn application may be made by—\na beneficiary under the adult’s will; or\nthe personal representative of a deceased beneficiary under the adult’s will; or\nthe personal representative of the adult.\nAn order made under subsection (1) (b) —\nhas effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and\napplies despite any contrary operation of section 60A .\nAn application under this section must be made to the court within 6 months after the adult’s death.\nThe court may extend the application time.\nThe Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.\ns 60C ins 2019 No. 9 s 26\n(sec.60C-ssec.1) An application may be made to the court for— an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A ; or an order to ensure a beneficiary under the adult’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 60A .\n(sec.60C-ssec.2) An application may be made by— a beneficiary under the adult’s will; or the personal representative of a deceased beneficiary under the adult’s will; or the personal representative of the adult.\n(sec.60C-ssec.3) An order made under subsection (1) (b) — has effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and applies despite any contrary operation of section 60A .\n(sec.60C-ssec.4) An application under this section must be made to the court within 6 months after the adult’s death.\n(sec.60C-ssec.5) The court may extend the application time.\n(sec.60C-ssec.6) The Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.\n- (a) an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A ; or\n- (b) an order to ensure a beneficiary under the adult’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 60A .\n- (a) a beneficiary under the adult’s will; or\n- (b) the personal representative of a deceased beneficiary under the adult’s will; or\n- (c) the personal representative of the adult.\n- (a) has effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and\n- (b) applies despite any contrary operation of section 60A .","sortOrder":68},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Philosophy and purpose","content":"# Philosophy and purpose","sortOrder":69},{"sectionNumber":"sec.61","sectionType":"section","heading":"Purpose to achieve balance for health care","content":"### sec.61 Purpose to achieve balance for health care\n\nThis chapter seeks to strike a balance between—\nensuring an adult is not deprived of necessary health care only because the adult has impaired capacity for a health matter or special health matter; and\nensuring health care is given to the adult only if it is appropriate in all the circumstances.\nSee also the general principles and health care principles set out in sections 11B and 11C .\ns 61 amd 2001 No. 95 s 5 ; 2012 No. 37 s 51 sch ; 2019 No. 9 s 27\n- (a) ensuring an adult is not deprived of necessary health care only because the adult has impaired capacity for a health matter or special health matter; and\n- (b) ensuring health care is given to the adult only if it is appropriate in all the circumstances.","sortOrder":70},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Scheme for health care and special health care","content":"# Scheme for health care and special health care","sortOrder":71},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Health care—no consent","content":"## Health care—no consent","sortOrder":72},{"sectionNumber":"sec.62","sectionType":"section","heading":"Division’s scope","content":"### sec.62 Division’s scope\n\nThis division deals with when health care, other than special health care, may be carried out without consent.","sortOrder":73},{"sectionNumber":"sec.63","sectionType":"section","heading":"Urgent health care","content":"### sec.63 Urgent health care\n\nHealth care, other than special health care, of an adult may be carried out without consent if the adult’s health provider reasonably considers—\nthe adult has impaired capacity for the health matter concerned; and\neither—\nthe health care should be carried out urgently to meet imminent risk to the adult’s life or health; or\nthe health care should be carried out urgently to prevent significant pain or distress to the adult and it is not reasonably practicable to get consent from a person who may give it under this Act or the Powers of Attorney Act 1998 .\nHowever, the health care mentioned in subsection (1) (b) (i) may not be carried out without consent if the health provider knows the adult objects to the health care in an advance health directive.\nHowever, the health care mentioned in subsection (1) (b) (ii) may not be carried out without consent if the health provider knows the adult objects to the health care unless—\nthe adult has minimal or no understanding of 1 or both of the following—\nwhat the health care involves;\nwhy the health care is required; and\nthe health care is likely to cause the adult—\nno distress; or\ntemporary distress that is outweighed by the benefit to the adult of the health care.\nThe health provider must certify in the adult’s clinical records as to the various things enabling the health care to be carried out because of this section.\nIn this section—\nhealth care , of an adult, does not include withholding or withdrawal of a life-sustaining measure for the adult.\ns 63 amd 2001 No. 95 s 6\n(sec.63-ssec.1) Health care, other than special health care, of an adult may be carried out without consent if the adult’s health provider reasonably considers— the adult has impaired capacity for the health matter concerned; and either— the health care should be carried out urgently to meet imminent risk to the adult’s life or health; or the health care should be carried out urgently to prevent significant pain or distress to the adult and it is not reasonably practicable to get consent from a person who may give it under this Act or the Powers of Attorney Act 1998 .\n(sec.63-ssec.2) However, the health care mentioned in subsection (1) (b) (i) may not be carried out without consent if the health provider knows the adult objects to the health care in an advance health directive.\n(sec.63-ssec.3) However, the health care mentioned in subsection (1) (b) (ii) may not be carried out without consent if the health provider knows the adult objects to the health care unless— the adult has minimal or no understanding of 1 or both of the following— what the health care involves; why the health care is required; and the health care is likely to cause the adult— no distress; or temporary distress that is outweighed by the benefit to the adult of the health care.\n(sec.63-ssec.4) The health provider must certify in the adult’s clinical records as to the various things enabling the health care to be carried out because of this section.\n(sec.63-ssec.5) In this section— health care , of an adult, does not include withholding or withdrawal of a life-sustaining measure for the adult.\n- (a) the adult has impaired capacity for the health matter concerned; and\n- (b) either— (i) the health care should be carried out urgently to meet imminent risk to the adult’s life or health; or (ii) the health care should be carried out urgently to prevent significant pain or distress to the adult and it is not reasonably practicable to get consent from a person who may give it under this Act or the Powers of Attorney Act 1998 .\n- (i) the health care should be carried out urgently to meet imminent risk to the adult’s life or health; or\n- (ii) the health care should be carried out urgently to prevent significant pain or distress to the adult and it is not reasonably practicable to get consent from a person who may give it under this Act or the Powers of Attorney Act 1998 .\n- (i) the health care should be carried out urgently to meet imminent risk to the adult’s life or health; or\n- (ii) the health care should be carried out urgently to prevent significant pain or distress to the adult and it is not reasonably practicable to get consent from a person who may give it under this Act or the Powers of Attorney Act 1998 .\n- (a) the adult has minimal or no understanding of 1 or both of the following— (i) what the health care involves; (ii) why the health care is required; and\n- (i) what the health care involves;\n- (ii) why the health care is required; and\n- (b) the health care is likely to cause the adult— (i) no distress; or (ii) temporary distress that is outweighed by the benefit to the adult of the health care.\n- (i) no distress; or\n- (ii) temporary distress that is outweighed by the benefit to the adult of the health care.\n- (i) what the health care involves;\n- (ii) why the health care is required; and\n- (i) no distress; or\n- (ii) temporary distress that is outweighed by the benefit to the adult of the health care.","sortOrder":74},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Life-sustaining measure in an acute emergency","content":"### sec.63A Life-sustaining measure in an acute emergency\n\nA life-sustaining measure may be withheld or withdrawn for an adult without consent if the adult’s health provider reasonably considers—\nthe adult has impaired capacity for the health matter concerned; and\nthe commencement or continuation of the measure for the adult would be inconsistent with good medical practice; and\nconsistent with good medical practice, the decision to withhold or withdraw the measure must be taken immediately.\nHowever, the measure may not be withheld or withdrawn without consent if the health provider knows the adult objects to the withholding or withdrawal.\nObject is defined in schedule 4 (Dictionary).\nThe health provider must certify in the adult’s clinical records as to the various things enabling the measure to be withheld or withdrawn because of this section.\nFor this section, artificial nutrition and hydration is not a life-sustaining measure .\ns 63A ins 2001 No. 95 s 7\n(sec.63A-ssec.1) A life-sustaining measure may be withheld or withdrawn for an adult without consent if the adult’s health provider reasonably considers— the adult has impaired capacity for the health matter concerned; and the commencement or continuation of the measure for the adult would be inconsistent with good medical practice; and consistent with good medical practice, the decision to withhold or withdraw the measure must be taken immediately.\n(sec.63A-ssec.2) However, the measure may not be withheld or withdrawn without consent if the health provider knows the adult objects to the withholding or withdrawal. Object is defined in schedule 4 (Dictionary).\n(sec.63A-ssec.3) The health provider must certify in the adult’s clinical records as to the various things enabling the measure to be withheld or withdrawn because of this section.\n(sec.63A-ssec.4) For this section, artificial nutrition and hydration is not a life-sustaining measure .\n- (a) the adult has impaired capacity for the health matter concerned; and\n- (b) the commencement or continuation of the measure for the adult would be inconsistent with good medical practice; and\n- (c) consistent with good medical practice, the decision to withhold or withdraw the measure must be taken immediately.","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Minor, uncontroversial health care","content":"### sec.64 Minor, uncontroversial health care\n\nHealth care, other than special health care, of an adult may be carried out without consent if the adult’s health provider—\nreasonably considers the adult has impaired capacity for the health matter concerned; and\nreasonably considers the health care is—\nnecessary to promote the adult’s health and wellbeing; and\nof the type that will best promote the adult’s health and wellbeing; and\nminor and uncontroversial; and\ndoes not know, and can not reasonably be expected to know, of—\na decision about the health care made by a person who is able to make the decision under this Act or the Powers of Attorney Act 1998 ; or\nany dispute among persons the health provider reasonably considers have a sufficient and continuing interest in the adult about—\nthe carrying out of the health care; or\nthe capacity of the adult for the health matter.\nthe administration of an antibiotic requiring a prescription\nthe administration of a tetanus injection\nHowever, the health care may not be carried out without consent if the health provider knows, or could reasonably be expected to know, the adult objects to the health care.\nThe health provider must certify in the adult’s clinical records as to the various things enabling the health care to be carried out because of this section.\ns 64 amd 2001 No. 95 s 8\n(sec.64-ssec.1) Health care, other than special health care, of an adult may be carried out without consent if the adult’s health provider— reasonably considers the adult has impaired capacity for the health matter concerned; and reasonably considers the health care is— necessary to promote the adult’s health and wellbeing; and of the type that will best promote the adult’s health and wellbeing; and minor and uncontroversial; and does not know, and can not reasonably be expected to know, of— a decision about the health care made by a person who is able to make the decision under this Act or the Powers of Attorney Act 1998 ; or any dispute among persons the health provider reasonably considers have a sufficient and continuing interest in the adult about— the carrying out of the health care; or the capacity of the adult for the health matter. the administration of an antibiotic requiring a prescription the administration of a tetanus injection\n(sec.64-ssec.2) However, the health care may not be carried out without consent if the health provider knows, or could reasonably be expected to know, the adult objects to the health care.\n(sec.64-ssec.3) The health provider must certify in the adult’s clinical records as to the various things enabling the health care to be carried out because of this section.\n- (a) reasonably considers the adult has impaired capacity for the health matter concerned; and\n- (b) reasonably considers the health care is— (i) necessary to promote the adult’s health and wellbeing; and (ii) of the type that will best promote the adult’s health and wellbeing; and (iii) minor and uncontroversial; and\n- (i) necessary to promote the adult’s health and wellbeing; and\n- (ii) of the type that will best promote the adult’s health and wellbeing; and\n- (iii) minor and uncontroversial; and\n- (c) does not know, and can not reasonably be expected to know, of— (i) a decision about the health care made by a person who is able to make the decision under this Act or the Powers of Attorney Act 1998 ; or (ii) any dispute among persons the health provider reasonably considers have a sufficient and continuing interest in the adult about— (A) the carrying out of the health care; or (B) the capacity of the adult for the health matter. Examples of minor and uncontroversial health care mentioned in paragraph (b) (iii) — • the administration of an antibiotic requiring a prescription • the administration of a tetanus injection\n- (i) a decision about the health care made by a person who is able to make the decision under this Act or the Powers of Attorney Act 1998 ; or\n- (ii) any dispute among persons the health provider reasonably considers have a sufficient and continuing interest in the adult about— (A) the carrying out of the health care; or (B) the capacity of the adult for the health matter.\n- (A) the carrying out of the health care; or\n- (B) the capacity of the adult for the health matter.\n- • the administration of an antibiotic requiring a prescription\n- • the administration of a tetanus injection\n- (i) necessary to promote the adult’s health and wellbeing; and\n- (ii) of the type that will best promote the adult’s health and wellbeing; and\n- (iii) minor and uncontroversial; and\n- (i) a decision about the health care made by a person who is able to make the decision under this Act or the Powers of Attorney Act 1998 ; or\n- (ii) any dispute among persons the health provider reasonably considers have a sufficient and continuing interest in the adult about— (A) the carrying out of the health care; or (B) the capacity of the adult for the health matter.\n- (A) the carrying out of the health care; or\n- (B) the capacity of the adult for the health matter.\n- (A) the carrying out of the health care; or\n- (B) the capacity of the adult for the health matter.\n- • the administration of an antibiotic requiring a prescription\n- • the administration of a tetanus injection","sortOrder":76},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Health care and special health care—consent","content":"## Health care and special health care—consent","sortOrder":77},{"sectionNumber":"sec.65","sectionType":"section","heading":"Adult with impaired capacity—order of priority in dealing with special health matter","content":"### sec.65 Adult with impaired capacity—order of priority in dealing with special health matter\n\nIf an adult has impaired capacity for a special health matter, the matter may only be dealt with under the first of the following subsections to apply.\nIf the adult has made an advance health directive giving a direction about the matter, the matter may only be dealt with under the direction.\nIf subsection (2) does not apply and an entity other than the tribunal is authorised to deal with the matter, the matter may only be dealt with by the entity.\nIf subsections (2) and (3) do not apply and the tribunal has made an order about the matter, the matter may only be dealt with under the order.\nHowever, the tribunal may not consent to electroconvulsive therapy or a non-ablative neurosurgical procedure—see section 68 (1) .\ns 65 amd 2010 No. 2 s 96 sch 1 ; 2012 No. 37 s 51 sch ; 2016 No. 5 s 923 sch 4\n(sec.65-ssec.1) If an adult has impaired capacity for a special health matter, the matter may only be dealt with under the first of the following subsections to apply.\n(sec.65-ssec.2) If the adult has made an advance health directive giving a direction about the matter, the matter may only be dealt with under the direction.\n(sec.65-ssec.3) If subsection (2) does not apply and an entity other than the tribunal is authorised to deal with the matter, the matter may only be dealt with by the entity.\n(sec.65-ssec.4) If subsections (2) and (3) do not apply and the tribunal has made an order about the matter, the matter may only be dealt with under the order. However, the tribunal may not consent to electroconvulsive therapy or a non-ablative neurosurgical procedure—see section 68 (1) .","sortOrder":78},{"sectionNumber":"sec.66","sectionType":"section","heading":"Adult with impaired capacity—order of priority in dealing with health matter","content":"### sec.66 Adult with impaired capacity—order of priority in dealing with health matter\n\nIf an adult has impaired capacity for a health matter, the matter may only be dealt with under the first of the following subsections to apply.\nIf the adult has made an advance health directive giving a direction about the matter, the matter may only be dealt with under the direction.\nIf subsection (2) does not apply and the tribunal has appointed 1 or more guardians for the matter or made an order about the matter, the matter may only be dealt with by the guardian or guardians or under the order.\nIf, when appointing the guardian or guardians, the tribunal was unaware of the existence of an enduring document giving power for the matter to an attorney, see section 23 (Appointment without knowledge of enduring document), particularly subsection (2) .\nIf subsections (2) and (3) do not apply and the adult has made 1 or more enduring documents appointing 1 or more attorneys for the matter, the matter may only be dealt with by the attorney or attorneys for the matter appointed by the most recent enduring document.\nIf subsections (2) to (4) do not apply, the matter may only be dealt with by the statutory health attorney.\nThis section does not apply to a health matter relating to health care that may be carried out without consent under division 1 .\ns 66 amd 2001 No. 95 s 9 ; 2010 No. 2 s 96 sch 1\n(sec.66-ssec.1) If an adult has impaired capacity for a health matter, the matter may only be dealt with under the first of the following subsections to apply.\n(sec.66-ssec.2) If the adult has made an advance health directive giving a direction about the matter, the matter may only be dealt with under the direction.\n(sec.66-ssec.3) If subsection (2) does not apply and the tribunal has appointed 1 or more guardians for the matter or made an order about the matter, the matter may only be dealt with by the guardian or guardians or under the order. If, when appointing the guardian or guardians, the tribunal was unaware of the existence of an enduring document giving power for the matter to an attorney, see section 23 (Appointment without knowledge of enduring document), particularly subsection (2) .\n(sec.66-ssec.4) If subsections (2) and (3) do not apply and the adult has made 1 or more enduring documents appointing 1 or more attorneys for the matter, the matter may only be dealt with by the attorney or attorneys for the matter appointed by the most recent enduring document.\n(sec.66-ssec.5) If subsections (2) to (4) do not apply, the matter may only be dealt with by the statutory health attorney.\n(sec.66-ssec.6) This section does not apply to a health matter relating to health care that may be carried out without consent under division 1 .","sortOrder":79},{"sectionNumber":"sec.66A","sectionType":"section","heading":"When consent to withholding or withdrawal of life-sustaining measure may operate","content":"### sec.66A When consent to withholding or withdrawal of life-sustaining measure may operate\n\nThis section applies if a matter concerning the withholding or withdrawal of a life-sustaining measure is to be dealt with under section 66 (3) , (4) or (5) .\nIf a matter concerning the withholding or withdrawal of a life-sustaining measure is to be dealt with under section 66 (2) , see the Powers of Attorney Act 1998 , section 36 (2) (Operation of advance health directive) as to when a direction to withhold or withdraw a life-sustaining measure can operate.\nA consent to the withholding or withdrawal of a life-sustaining measure for the adult can not operate unless the adult’s health provider reasonably considers the commencement or continuation of the measure for the adult would be inconsistent with good medical practice.\ns 66A ins 2001 No. 95 s 10\namd 2010 No. 2 s 96 sch 1\n(sec.66A-ssec.1) This section applies if a matter concerning the withholding or withdrawal of a life-sustaining measure is to be dealt with under section 66 (3) , (4) or (5) . If a matter concerning the withholding or withdrawal of a life-sustaining measure is to be dealt with under section 66 (2) , see the Powers of Attorney Act 1998 , section 36 (2) (Operation of advance health directive) as to when a direction to withhold or withdraw a life-sustaining measure can operate.\n(sec.66A-ssec.2) A consent to the withholding or withdrawal of a life-sustaining measure for the adult can not operate unless the adult’s health provider reasonably considers the commencement or continuation of the measure for the adult would be inconsistent with good medical practice.","sortOrder":80},{"sectionNumber":"sec.66B","sectionType":"section","heading":"Certificate in clinical records if life-sustaining measure withheld or withdrawn","content":"### sec.66B Certificate in clinical records if life-sustaining measure withheld or withdrawn\n\nThis section applies if a life-sustaining measure is withheld or withdrawn for an adult other than because of section 63A .\nThe adult’s health provider must certify in the adult’s medical records as to the various things enabling the measure to be withheld or withdrawn because of—\nfor a withholding or withdrawal under a direction in the adult’s advance health directive— section 66 (2) and the Powers of Attorney Act 1998 , section 36 ; or\nfor a withholding or withdrawal by consent— section 66 (3) , (4) or (5) and section 66A .\ns 66B ins 2001 No. 95 s 10\n(sec.66B-ssec.1) This section applies if a life-sustaining measure is withheld or withdrawn for an adult other than because of section 63A .\n(sec.66B-ssec.2) The adult’s health provider must certify in the adult’s medical records as to the various things enabling the measure to be withheld or withdrawn because of— for a withholding or withdrawal under a direction in the adult’s advance health directive— section 66 (2) and the Powers of Attorney Act 1998 , section 36 ; or for a withholding or withdrawal by consent— section 66 (3) , (4) or (5) and section 66A .\n- (a) for a withholding or withdrawal under a direction in the adult’s advance health directive— section 66 (2) and the Powers of Attorney Act 1998 , section 36 ; or\n- (b) for a withholding or withdrawal by consent— section 66 (3) , (4) or (5) and section 66A .","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"Effect of adult’s objection to health care","content":"### sec.67 Effect of adult’s objection to health care\n\nGenerally, the exercise of power for a health matter or special health matter is ineffective to give consent to health care of an adult if the health provider knows, or ought reasonably to know, the adult objects to the health care.\nObject is defined in schedule 4 (Dictionary). Note also the Powers of Attorney Act 1998 , section 35 (2) (a) (Advance health directives) provides that ‘by an advance health directive [a] principal may give a direction—\nconsenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided’.\nHowever, the exercise of power for a health matter or special health matter is effective to give consent to the health care despite an objection by the adult to the health care if—\nthe adult has minimal or no understanding of 1 of the following—\nwhat the health care involves;\nwhy the health care is required; and\nthe health care is likely to cause the adult—\nno distress; or\ntemporary distress that is outweighed by the benefit to the adult of the proposed health care.\nSubsection (2) does not apply to the following health care—\nremoval of tissue for donation;\nparticipation in special medical research or experimental health care or approved clinical research.\ns 67 amd 2001 No. 95 s 11 ; 2010 No. 2 s 96 sch 1\n(sec.67-ssec.1) Generally, the exercise of power for a health matter or special health matter is ineffective to give consent to health care of an adult if the health provider knows, or ought reasonably to know, the adult objects to the health care. Object is defined in schedule 4 (Dictionary). Note also the Powers of Attorney Act 1998 , section 35 (2) (a) (Advance health directives) provides that ‘by an advance health directive [a] principal may give a direction— consenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided’.\n(sec.67-ssec.2) However, the exercise of power for a health matter or special health matter is effective to give consent to the health care despite an objection by the adult to the health care if— the adult has minimal or no understanding of 1 of the following— what the health care involves; why the health care is required; and the health care is likely to cause the adult— no distress; or temporary distress that is outweighed by the benefit to the adult of the proposed health care.\n(sec.67-ssec.3) Subsection (2) does not apply to the following health care— removal of tissue for donation; participation in special medical research or experimental health care or approved clinical research.\n- (a) consenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided’.\n- (a) the adult has minimal or no understanding of 1 of the following— (i) what the health care involves; (ii) why the health care is required; and\n- (i) what the health care involves;\n- (ii) why the health care is required; and\n- (b) the health care is likely to cause the adult— (i) no distress; or (ii) temporary distress that is outweighed by the benefit to the adult of the proposed health care.\n- (i) no distress; or\n- (ii) temporary distress that is outweighed by the benefit to the adult of the proposed health care.\n- (i) what the health care involves;\n- (ii) why the health care is required; and\n- (i) no distress; or\n- (ii) temporary distress that is outweighed by the benefit to the adult of the proposed health care.\n- (a) removal of tissue for donation;\n- (b) participation in special medical research or experimental health care or approved clinical research.","sortOrder":82},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Consent to special health care","content":"# Consent to special health care","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Special health care","content":"### sec.68 Special health care\n\nThe tribunal may, by order, consent to special health care, other than electroconvulsive therapy or a non-ablative neurosurgical procedure, for an adult.\nTo the extent another entity is authorised by an Act to make a decision for an adult about prescribed special health care, the tribunal does not have power to make the decision.\nFor the application of the general principles and the health care principles to the tribunal and to an entity authorised by an Act to make a decision for an adult about prescribed special health care, see sections 11B and 11C .\ns 68 amd 2003 No. 87 s 13 ; 2010 No. 2 s 96 sch 1 ; 2016 No. 5 s 923 sch 4 ; 2019 No. 9 s 98 sch 1\n(sec.68-ssec.1) The tribunal may, by order, consent to special health care, other than electroconvulsive therapy or a non-ablative neurosurgical procedure, for an adult.\n(sec.68-ssec.2) To the extent another entity is authorised by an Act to make a decision for an adult about prescribed special health care, the tribunal does not have power to make the decision. For the application of the general principles and the health care principles to the tribunal and to an entity authorised by an Act to make a decision for an adult about prescribed special health care, see sections 11B and 11C .","sortOrder":84},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Tribunal to consult in making decision about special health care","content":"### sec.68A Tribunal to consult in making decision about special health care\n\nIn deciding whether to consent to special health care for an adult, the tribunal must, to the greatest extent practicable, seek and take into account the views of—\na guardian appointed by the tribunal for the adult; or\nif there is no guardian mentioned in paragraph (a) , an attorney for a health matter appointed by the adult; or\nif there is no guardian or attorney mentioned in paragraph (a) or (b) , the statutory health attorney for the adult.\ns 68A ins 2019 No. 9 s 28\n- (a) a guardian appointed by the tribunal for the adult; or\n- (b) if there is no guardian mentioned in paragraph (a) , an attorney for a health matter appointed by the adult; or\n- (c) if there is no guardian or attorney mentioned in paragraph (a) or (b) , the statutory health attorney for the adult.","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"Donation of tissue","content":"### sec.69 Donation of tissue\n\nThe tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to removal of tissue from the adult for donation to another person only if the tribunal is satisfied—\nthe risk to the adult is small; and\nthe risk of failure of the donated tissue is low; and\nthe life of the proposed recipient would be in danger without the donation; and\nno other compatible donor is reasonably available; and\nthere is, or has been, a close personal relationship between the adult and proposed recipient.\nThe tribunal may not consent if the adult objects to the removal of tissue for donation.\nSection 67 , which effectively enables an adult’s objection to be overridden in some cases, does not apply.\nIf the tribunal consents to removal of tissue for donation, the tribunal’s order must specify the proposed recipient.\ns 69 amd 2010 No. 2 s 96 sch 1\n(sec.69-ssec.1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to removal of tissue from the adult for donation to another person only if the tribunal is satisfied— the risk to the adult is small; and the risk of failure of the donated tissue is low; and the life of the proposed recipient would be in danger without the donation; and no other compatible donor is reasonably available; and there is, or has been, a close personal relationship between the adult and proposed recipient.\n(sec.69-ssec.2) The tribunal may not consent if the adult objects to the removal of tissue for donation. Section 67 , which effectively enables an adult’s objection to be overridden in some cases, does not apply.\n(sec.69-ssec.3) If the tribunal consents to removal of tissue for donation, the tribunal’s order must specify the proposed recipient.\n- (a) the risk to the adult is small; and\n- (b) the risk of failure of the donated tissue is low; and\n- (c) the life of the proposed recipient would be in danger without the donation; and\n- (d) no other compatible donor is reasonably available; and\n- (e) there is, or has been, a close personal relationship between the adult and proposed recipient.","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"Sterilisation","content":"### sec.70 Sterilisation\n\nThe tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to sterilisation of the adult only if the tribunal is satisfied—\none of the following applies—\nthe sterilisation is medically necessary;\nthe adult is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied;\nif the adult is female—the adult has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and\nthe sterilisation can not reasonably be postponed; and\nthe adult is unlikely, in the foreseeable future, to have capacity for decisions about sterilisation.\nSterilisation is not medically necessary if the sterilisation is—\nfor eugenic reasons; or\nto remove the risk of pregnancy resulting from sexual abuse.\nAlso, in deciding whether to consent for the adult to a sterilisation procedure, the tribunal must take into account—\nalternative forms of health care, including other sterilisation procedures, available or likely to become available in the foreseeable future; and\nthe nature and extent of short-term, or long-term, significant risks associated with the proposed procedure and available alternative forms of health care, including other sterilisation procedures.\nAn adult’s sterilisation, to which the tribunal has consented for the adult, is not unlawful.\n(sec.70-ssec.1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to sterilisation of the adult only if the tribunal is satisfied— one of the following applies— the sterilisation is medically necessary; the adult is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; if the adult is female—the adult has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and the sterilisation can not reasonably be postponed; and the adult is unlikely, in the foreseeable future, to have capacity for decisions about sterilisation.\n(sec.70-ssec.2) Sterilisation is not medically necessary if the sterilisation is— for eugenic reasons; or to remove the risk of pregnancy resulting from sexual abuse.\n(sec.70-ssec.3) Also, in deciding whether to consent for the adult to a sterilisation procedure, the tribunal must take into account— alternative forms of health care, including other sterilisation procedures, available or likely to become available in the foreseeable future; and the nature and extent of short-term, or long-term, significant risks associated with the proposed procedure and available alternative forms of health care, including other sterilisation procedures.\n(sec.70-ssec.4) An adult’s sterilisation, to which the tribunal has consented for the adult, is not unlawful.\n- (a) one of the following applies— (i) the sterilisation is medically necessary; (ii) the adult is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; (iii) if the adult is female—the adult has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and\n- (i) the sterilisation is medically necessary;\n- (ii) the adult is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied;\n- (iii) if the adult is female—the adult has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and\n- (b) the sterilisation can not reasonably be postponed; and\n- (c) the adult is unlikely, in the foreseeable future, to have capacity for decisions about sterilisation.\n- (i) the sterilisation is medically necessary;\n- (ii) the adult is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied;\n- (iii) if the adult is female—the adult has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and\n- (a) for eugenic reasons; or\n- (b) to remove the risk of pregnancy resulting from sexual abuse.\n- (a) alternative forms of health care, including other sterilisation procedures, available or likely to become available in the foreseeable future; and\n- (b) the nature and extent of short-term, or long-term, significant risks associated with the proposed procedure and available alternative forms of health care, including other sterilisation procedures.","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Termination of pregnancy","content":"### sec.71 Termination of pregnancy\n\nThe tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to termination of the adult’s pregnancy only if the tribunal is satisfied the termination may be performed by a medical practitioner under the Termination of Pregnancy Act 2018 .\nTermination of an adult’s pregnancy, to which the tribunal has consented for the adult, is not unlawful.\ns 71 amd 2018 No. 23 s 32\n(sec.71-ssec.1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to termination of the adult’s pregnancy only if the tribunal is satisfied the termination may be performed by a medical practitioner under the Termination of Pregnancy Act 2018 .\n(sec.71-ssec.2) Termination of an adult’s pregnancy, to which the tribunal has consented for the adult, is not unlawful.","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Special medical research or experimental health care","content":"### sec.72 Special medical research or experimental health care\n\nThe tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to the adult’s participation in special medical research or experimental health care relating to a condition the adult has or to which the adult has a significant risk of being exposed only if the tribunal is satisfied about the following matters—\nthe special medical research or experimental health care is approved by an ethics committee;\nthe risk and inconvenience to the adult and the adult’s quality of life is small;\nthe special medical research or experimental health care may result in significant benefit to the adult;\nthe potential benefit can not be achieved in another way.\nSpecial medical research or experimental health care does not include—\npsychological research; or\napproved clinical research—see schedule 2 , section 12 (2) .\nThe tribunal may consent, for an adult with impaired capacity for the matter, to the adult’s participation in special medical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had only if the tribunal is satisfied about the following matters—\nthe special medical research or experimental health care is approved by an ethics committee;\nthe risk and inconvenience to the adult and the adult’s quality of life is small;\nthe special medical research or experimental health care may result in significant benefit to the adult or other persons with the condition;\nthe special medical research or experimental health care can not reasonably be carried out without a person who has or has had the condition taking part;\nthe special medical research or experimental health care will not unduly interfere with the adult’s privacy.\nThe tribunal may not consent to the adult’s participation in special medical research or experimental health care if—\nthe adult objects to the special medical research or experimental health care; or\nSection 67 , which effectively enables an adult’s objection to be overridden in some cases, does not apply.\nthe adult, in an enduring document, indicated unwillingness to participate in the special medical research or experimental health care.\ns 72 amd 2010 No. 2 s 96 sch 1\n(sec.72-ssec.1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to the adult’s participation in special medical research or experimental health care relating to a condition the adult has or to which the adult has a significant risk of being exposed only if the tribunal is satisfied about the following matters— the special medical research or experimental health care is approved by an ethics committee; the risk and inconvenience to the adult and the adult’s quality of life is small; the special medical research or experimental health care may result in significant benefit to the adult; the potential benefit can not be achieved in another way. Special medical research or experimental health care does not include— psychological research; or approved clinical research—see schedule 2 , section 12 (2) .\n(sec.72-ssec.2) The tribunal may consent, for an adult with impaired capacity for the matter, to the adult’s participation in special medical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had only if the tribunal is satisfied about the following matters— the special medical research or experimental health care is approved by an ethics committee; the risk and inconvenience to the adult and the adult’s quality of life is small; the special medical research or experimental health care may result in significant benefit to the adult or other persons with the condition; the special medical research or experimental health care can not reasonably be carried out without a person who has or has had the condition taking part; the special medical research or experimental health care will not unduly interfere with the adult’s privacy.\n(sec.72-ssec.3) The tribunal may not consent to the adult’s participation in special medical research or experimental health care if— the adult objects to the special medical research or experimental health care; or Section 67 , which effectively enables an adult’s objection to be overridden in some cases, does not apply. the adult, in an enduring document, indicated unwillingness to participate in the special medical research or experimental health care.\n- (a) the special medical research or experimental health care is approved by an ethics committee;\n- (b) the risk and inconvenience to the adult and the adult’s quality of life is small;\n- (c) the special medical research or experimental health care may result in significant benefit to the adult;\n- (d) the potential benefit can not be achieved in another way.\n- (a) psychological research; or\n- (b) approved clinical research—see schedule 2 , section 12 (2) .\n- (a) the special medical research or experimental health care is approved by an ethics committee;\n- (b) the risk and inconvenience to the adult and the adult’s quality of life is small;\n- (c) the special medical research or experimental health care may result in significant benefit to the adult or other persons with the condition;\n- (d) the special medical research or experimental health care can not reasonably be carried out without a person who has or has had the condition taking part;\n- (e) the special medical research or experimental health care will not unduly interfere with the adult’s privacy.\n- (a) the adult objects to the special medical research or experimental health care; or Note— Section 67 , which effectively enables an adult’s objection to be overridden in some cases, does not apply.\n- (b) the adult, in an enduring document, indicated unwillingness to participate in the special medical research or experimental health care.","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Prescribed special health care","content":"### sec.73 Prescribed special health care\n\nSubject to section 68 (2) , the tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to the adult having prescribed special health care.\nThe tribunal may consent only if it is satisfied of the matters prescribed under a regulation.\n(sec.73-ssec.1) Subject to section 68 (2) , the tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to the adult having prescribed special health care.\n(sec.73-ssec.2) The tribunal may consent only if it is satisfied of the matters prescribed under a regulation.","sortOrder":90},{"sectionNumber":"sec.74","sectionType":"section","heading":"Subsequent special health care for adult","content":"### sec.74 Subsequent special health care for adult\n\nIf the tribunal consents to special health care for an adult, the tribunal may appoint 1 or more persons who are eligible for appointment as a guardian or guardians for the adult and give the guardian or guardians power to consent for the adult to—\ncontinuation of the special health care; or\nthe carrying out on the adult of similar special health care.\nThe appointment order may include a declaration, order, direction, recommendation, or advice about how the power given is to be used.\nThe appointment order may be changed by the tribunal on its own initiative or on the application of an interested person.\nIn deciding whether to consent, a guardian must apply the general principles and the health care principles.\ns 74 amd 2019 No. 9 s 98 sch 1\n(sec.74-ssec.1) If the tribunal consents to special health care for an adult, the tribunal may appoint 1 or more persons who are eligible for appointment as a guardian or guardians for the adult and give the guardian or guardians power to consent for the adult to— continuation of the special health care; or the carrying out on the adult of similar special health care.\n(sec.74-ssec.2) The appointment order may include a declaration, order, direction, recommendation, or advice about how the power given is to be used.\n(sec.74-ssec.3) The appointment order may be changed by the tribunal on its own initiative or on the application of an interested person.\n(sec.74-ssec.4) In deciding whether to consent, a guardian must apply the general principles and the health care principles.\n- (a) continuation of the special health care; or\n- (b) the carrying out on the adult of similar special health care.","sortOrder":91},{"sectionNumber":"ch.5-pt.3A","sectionType":"part","heading":"Clinical research","content":"# Clinical research","sortOrder":92},{"sectionNumber":"sec.74A","sectionType":"section","heading":"What is clinical research","content":"### sec.74A What is clinical research\n\nClinical research is—\nmedical research intended to diagnose, maintain or treat a condition affecting the participants in the research; or\na trial of drugs, devices, biologicals or techniques involving the carrying out of health care that may include giving placebos to some of the participants in the trial.\nHowever, a comparative assessment of health care already proven to be beneficial is not medical research.\na comparative assessment of the effects of different forms of administration of a drug proven to be beneficial in the treatment of a condition, for example, a continuous infusion, as opposed to a once-a-day administration of the drug\na comparative assessment of the angle at which to set a tilt-bed to best assist an adult’s breathing\ns 74A ins 2019 No. 9 s 29\n(sec.74A-ssec.1) Clinical research is— medical research intended to diagnose, maintain or treat a condition affecting the participants in the research; or a trial of drugs, devices, biologicals or techniques involving the carrying out of health care that may include giving placebos to some of the participants in the trial.\n(sec.74A-ssec.2) However, a comparative assessment of health care already proven to be beneficial is not medical research.\n- (a) medical research intended to diagnose, maintain or treat a condition affecting the participants in the research; or\n- (b) a trial of drugs, devices, biologicals or techniques involving the carrying out of health care that may include giving placebos to some of the participants in the trial.\n- • a comparative assessment of the effects of different forms of administration of a drug proven to be beneficial in the treatment of a condition, for example, a continuous infusion, as opposed to a once-a-day administration of the drug\n- • a comparative assessment of the angle at which to set a tilt-bed to best assist an adult’s breathing","sortOrder":93},{"sectionNumber":"sec.74B","sectionType":"section","heading":"What is approved clinical research","content":"### sec.74B What is approved clinical research\n\nApproved clinical research is clinical research approved by the tribunal.\ns 74B ins 2019 No. 9 s 29","sortOrder":94},{"sectionNumber":"sec.74C","sectionType":"section","heading":"Approval of clinical research","content":"### sec.74C Approval of clinical research\n\nThe tribunal may approve clinical research only if the tribunal is satisfied—\nthe clinical research is approved by an ethics committee; and\nany drugs, devices, biologicals or techniques to be trialled in the clinical research are intended to diagnose, maintain or treat a condition affecting the participants in the research; and\nthe clinical research will not involve any known substantial risk to participants or, if there is existing health care for the particular condition, the research will not involve known material risk to the participants greater than the risk associated with the existing health care; and\nthe development of any drugs, devices, biologicals or techniques to be trialled in the clinical research has reached a stage at which safety and ethical considerations make it appropriate for the drugs, devices, biologicals or techniques to be made available to participants in the research despite the participants being unable to consent to participation; and\nhaving regard to the potential benefits and risks of participation in the clinical research, on balance it is not adverse to the interests of participants in the research to participate.\nThe fact the drugs, devices, biologicals or techniques to be trialled in the clinical research will or may involve giving placebos to some of the participants in the research does not prevent the tribunal being satisfied it is, on balance, not adverse to the interests of the participants to participate.\nThe tribunal’s approval of clinical research does not operate as a consent to the participation in the clinical research of any particular person.\ns 74C ins 2019 No. 9 s 29\n(sec.74C-ssec.1) The tribunal may approve clinical research only if the tribunal is satisfied— the clinical research is approved by an ethics committee; and any drugs, devices, biologicals or techniques to be trialled in the clinical research are intended to diagnose, maintain or treat a condition affecting the participants in the research; and the clinical research will not involve any known substantial risk to participants or, if there is existing health care for the particular condition, the research will not involve known material risk to the participants greater than the risk associated with the existing health care; and the development of any drugs, devices, biologicals or techniques to be trialled in the clinical research has reached a stage at which safety and ethical considerations make it appropriate for the drugs, devices, biologicals or techniques to be made available to participants in the research despite the participants being unable to consent to participation; and having regard to the potential benefits and risks of participation in the clinical research, on balance it is not adverse to the interests of participants in the research to participate.\n(sec.74C-ssec.2) The fact the drugs, devices, biologicals or techniques to be trialled in the clinical research will or may involve giving placebos to some of the participants in the research does not prevent the tribunal being satisfied it is, on balance, not adverse to the interests of the participants to participate.\n(sec.74C-ssec.3) The tribunal’s approval of clinical research does not operate as a consent to the participation in the clinical research of any particular person.\n- (a) the clinical research is approved by an ethics committee; and\n- (b) any drugs, devices, biologicals or techniques to be trialled in the clinical research are intended to diagnose, maintain or treat a condition affecting the participants in the research; and\n- (c) the clinical research will not involve any known substantial risk to participants or, if there is existing health care for the particular condition, the research will not involve known material risk to the participants greater than the risk associated with the existing health care; and\n- (d) the development of any drugs, devices, biologicals or techniques to be trialled in the clinical research has reached a stage at which safety and ethical considerations make it appropriate for the drugs, devices, biologicals or techniques to be made available to participants in the research despite the participants being unable to consent to participation; and\n- (e) having regard to the potential benefits and risks of participation in the clinical research, on balance it is not adverse to the interests of participants in the research to participate.","sortOrder":95},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Other provisions about health care","content":"# Other provisions about health care","sortOrder":96},{"sectionNumber":"sec.75","sectionType":"section","heading":"Use of force","content":"### sec.75 Use of force\n\nA health provider and a person acting under the health provider’s direction or supervision may use the minimum force necessary and reasonable to carry out health care authorised under this Act.","sortOrder":97},{"sectionNumber":"sec.76","sectionType":"section","heading":"Health providers to give information","content":"### sec.76 Health providers to give information\n\nThe purpose of this section is to ensure—\na guardian or attorney who has power for a health matter for an adult has all the information necessary to make an informed exercise of the power; and\nthe tribunal, in deciding whether to consent to special health care for an adult with impaired capacity for a special health matter, has all the information necessary to make an informed decision.\nAt the guardian’s or attorney’s request, a health provider who is treating, or has treated, the adult must give information to the guardian or attorney unless the health provider has a reasonable excuse.\nAt the tribunal’s request, a health provider who is treating, or has treated, the adult must give information to the tribunal unless the health provider has a reasonable excuse.\nThe information to be given by a health provider who is treating, or has treated, the adult includes information about—\nthe nature of the adult’s condition at the time of the treatment; and\nthe particular form of health care being, or that was, carried out; and\nthe reasons why the particular form of health care is being, or was, carried out; and\nthe alternative forms of health care available for the condition at the time of the treatment; and\nthe general nature and effect of each form of health care at the time of the treatment; and\nthe nature and extent of short-term, or long-term, significant risks associated with each form of health care; and\nfor a health provider who is treating the adult—the reasons why it is proposed a particular form of health care should be carried out.\nIf a health provider does not comply with a request by a guardian or attorney to give information, the tribunal may, on application by the guardian or attorney, order the health provider to give the information to the guardian or attorney.\nIf the tribunal orders a health provider to give information, the health provider must comply with the order, unless the health provider has a reasonable excuse.\nIt is a reasonable excuse for a health provider to fail to give information because giving the information might tend to incriminate the health provider.\nSubject to subsection (7) , this section overrides—\nany restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\nany claim of confidentiality or privilege.\nThis section does not limit—\na guardian’s right to information under section 44 ; or\nthe tribunal’s right to information under section 130 ; or\nan attorney’s right to information under the Powers of Attorney Act 1998 , section 81 .\nIn this section—\nattorney means an attorney under an enduring document or a statutory health attorney.\ns 76 amd 2003 No. 87 s 14\n(sec.76-ssec.1) The purpose of this section is to ensure— a guardian or attorney who has power for a health matter for an adult has all the information necessary to make an informed exercise of the power; and the tribunal, in deciding whether to consent to special health care for an adult with impaired capacity for a special health matter, has all the information necessary to make an informed decision.\n(sec.76-ssec.2) At the guardian’s or attorney’s request, a health provider who is treating, or has treated, the adult must give information to the guardian or attorney unless the health provider has a reasonable excuse.\n(sec.76-ssec.3) At the tribunal’s request, a health provider who is treating, or has treated, the adult must give information to the tribunal unless the health provider has a reasonable excuse.\n(sec.76-ssec.4) The information to be given by a health provider who is treating, or has treated, the adult includes information about— the nature of the adult’s condition at the time of the treatment; and the particular form of health care being, or that was, carried out; and the reasons why the particular form of health care is being, or was, carried out; and the alternative forms of health care available for the condition at the time of the treatment; and the general nature and effect of each form of health care at the time of the treatment; and the nature and extent of short-term, or long-term, significant risks associated with each form of health care; and for a health provider who is treating the adult—the reasons why it is proposed a particular form of health care should be carried out.\n(sec.76-ssec.5) If a health provider does not comply with a request by a guardian or attorney to give information, the tribunal may, on application by the guardian or attorney, order the health provider to give the information to the guardian or attorney.\n(sec.76-ssec.6) If the tribunal orders a health provider to give information, the health provider must comply with the order, unless the health provider has a reasonable excuse.\n(sec.76-ssec.7) It is a reasonable excuse for a health provider to fail to give information because giving the information might tend to incriminate the health provider.\n(sec.76-ssec.8) Subject to subsection (7) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege.\n(sec.76-ssec.9) This section does not limit— a guardian’s right to information under section 44 ; or the tribunal’s right to information under section 130 ; or an attorney’s right to information under the Powers of Attorney Act 1998 , section 81 .\n(sec.76-ssec.10) In this section— attorney means an attorney under an enduring document or a statutory health attorney.\n- (a) a guardian or attorney who has power for a health matter for an adult has all the information necessary to make an informed exercise of the power; and\n- (b) the tribunal, in deciding whether to consent to special health care for an adult with impaired capacity for a special health matter, has all the information necessary to make an informed decision.\n- (a) the nature of the adult’s condition at the time of the treatment; and\n- (b) the particular form of health care being, or that was, carried out; and\n- (c) the reasons why the particular form of health care is being, or was, carried out; and\n- (d) the alternative forms of health care available for the condition at the time of the treatment; and\n- (e) the general nature and effect of each form of health care at the time of the treatment; and\n- (f) the nature and extent of short-term, or long-term, significant risks associated with each form of health care; and\n- (g) for a health provider who is treating the adult—the reasons why it is proposed a particular form of health care should be carried out.\n- (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\n- (b) any claim of confidentiality or privilege.\n- (a) a guardian’s right to information under section 44 ; or\n- (b) the tribunal’s right to information under section 130 ; or\n- (c) an attorney’s right to information under the Powers of Attorney Act 1998 , section 81 .","sortOrder":98},{"sectionNumber":"sec.77","sectionType":"section","heading":"Protection of health provider","content":"### sec.77 Protection of health provider\n\nTo the extent a health provider giving health care to an adult complies with a purported exercise of power for a health matter or special health matter by a person who represented to the health provider that the person had the right to exercise the power, the health provider is taken to have the adult’s consent to the exercise of power.\nSubsection (1) does not apply if the health provider knew, or could reasonably be expected to have known, the person did not have the right to exercise the power.\n(sec.77-ssec.1) To the extent a health provider giving health care to an adult complies with a purported exercise of power for a health matter or special health matter by a person who represented to the health provider that the person had the right to exercise the power, the health provider is taken to have the adult’s consent to the exercise of power.\n(sec.77-ssec.2) Subsection (1) does not apply if the health provider knew, or could reasonably be expected to have known, the person did not have the right to exercise the power.","sortOrder":99},{"sectionNumber":"sec.78","sectionType":"section","heading":"Offence to exercise power for adult if no right to do so","content":"### sec.78 Offence to exercise power for adult if no right to do so\n\nIt is an offence for a person who knows he or she has no right to exercise power for a health matter or special health matter for an adult, or who is recklessly indifferent about whether he or she has a right to exercise power for a health matter or special health matter for the adult, to—\npurport to exercise power for a health matter or special health matter for the adult; or\nrepresent to a health provider for the adult that the person has a right to exercise power for a health matter or special health matter for the adult.\nMaximum penalty—\nfor special health matter—300 penalty units; or\nfor health matter—200 penalty units.\n- (a) purport to exercise power for a health matter or special health matter for the adult; or\n- (b) represent to a health provider for the adult that the person has a right to exercise power for a health matter or special health matter for the adult.\n- (a) for special health matter—300 penalty units; or\n- (b) for health matter—200 penalty units.","sortOrder":100},{"sectionNumber":"sec.79","sectionType":"section","heading":"Offence to carry out health care unless authorised","content":"### sec.79 Offence to carry out health care unless authorised\n\nIt is an offence for a person to carry out health care of an adult with impaired capacity for the health matter concerned unless—\nthis or another Act provides the health care may be carried out without consent; or\nSee sections 63 (Urgent health care), 63A (Life-sustaining measure in an acute emergency) and 64 (Minor, uncontroversial health care).\nconsent to the health care is given under this or another Act; or\nthe health care is authorised by an order of the court made in its parens patriae jurisdiction.\nCourt means the Supreme Court—see schedule 4 (Dictionary). The parens patriae jurisdiction is based on the need to protect those who lack the capacity to protect themselves. It allows the Supreme Court to appoint decision-makers for people who, because of mental illness, intellectual disability, illness, accident or old age, are unable to adequately safeguard their own interests.\nMaximum penalty—\nif special health care is carried out—300 penalty units; or\nif other health care is carried out—200 penalty units.\nThis section has effect despite the Criminal Code , section 282 .\ns 79 amd 2001 No. 95 s 12 ; 2010 No. 2 s 96 sch 1 ; 2012 No. 37 s 51 sch\n(sec.79-ssec.1) It is an offence for a person to carry out health care of an adult with impaired capacity for the health matter concerned unless— this or another Act provides the health care may be carried out without consent; or See sections 63 (Urgent health care), 63A (Life-sustaining measure in an acute emergency) and 64 (Minor, uncontroversial health care). consent to the health care is given under this or another Act; or the health care is authorised by an order of the court made in its parens patriae jurisdiction. Court means the Supreme Court—see schedule 4 (Dictionary). The parens patriae jurisdiction is based on the need to protect those who lack the capacity to protect themselves. It allows the Supreme Court to appoint decision-makers for people who, because of mental illness, intellectual disability, illness, accident or old age, are unable to adequately safeguard their own interests. Maximum penalty— if special health care is carried out—300 penalty units; or if other health care is carried out—200 penalty units.\n(sec.79-ssec.2) This section has effect despite the Criminal Code , section 282 .\n- (a) this or another Act provides the health care may be carried out without consent; or Note— See sections 63 (Urgent health care), 63A (Life-sustaining measure in an acute emergency) and 64 (Minor, uncontroversial health care).\n- (b) consent to the health care is given under this or another Act; or\n- (c) the health care is authorised by an order of the court made in its parens patriae jurisdiction. Note— Court means the Supreme Court—see schedule 4 (Dictionary). The parens patriae jurisdiction is based on the need to protect those who lack the capacity to protect themselves. It allows the Supreme Court to appoint decision-makers for people who, because of mental illness, intellectual disability, illness, accident or old age, are unable to adequately safeguard their own interests.\n- (a) if special health care is carried out—300 penalty units; or\n- (b) if other health care is carried out—200 penalty units.","sortOrder":101},{"sectionNumber":"sec.80","sectionType":"section","heading":"No less protection than if adult gave health consent","content":"### sec.80 No less protection than if adult gave health consent\n\nA person carrying out health care of an adult that is authorised by this or another Act is not liable for an act or omission to any greater extent than if the act or omission happened with the adult’s consent and the adult had capacity to consent.","sortOrder":102},{"sectionNumber":"ch.5A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":103},{"sectionNumber":"sec.80A","sectionType":"section","heading":"Definitions for ch 5A","content":"### sec.80A Definitions for ch 5A\n\nIn this chapter—\nactive party see section 80K .\nalternative forms of health care includes menstrual management strategies and alternative forms of sterilisation.\nchapter 5A application means an application under this chapter for consent to the sterilisation of a child with an impairment.\nChild , if age rather than descendancy is relevant, means an individual who is under 18— Acts Interpretation Act 1954 , schedule 1 (Meaning of commonly used words and expressions).\ns 80A def chapter 5A application amd 2010 No. 2 s 96 sch 1 ; 2013 No. 39 s 110 sch 3 pt 1\nchild representative see section 80L .\nconfidentiality order ...\ns 80A def confidentiality order om 2008 No. 54 s 5\nhealth care , of a child, is care or treatment of, or a service or a procedure for, the child—\nto diagnose, maintain, or treat the child’s physical or mental condition; and\ncarried out by, or under the direction or supervision of, a health provider.\nimpairment means a cognitive, intellectual, neurological or psychiatric impairment.\nsterilisation see section 80B .\ns 80A ins 2003 No. 87 s 15\n- (a) to diagnose, maintain, or treat the child’s physical or mental condition; and\n- (b) carried out by, or under the direction or supervision of, a health provider.","sortOrder":104},{"sectionNumber":"sec.80B","sectionType":"section","heading":"Sterilisation","content":"### sec.80B Sterilisation\n\nSterilisation is health care of a child who is, or is reasonably likely to be, fertile that is intended, or reasonably likely, to make the child, or to ensure the child is, permanently infertile.\nendometrial oblation, hysterectomy, tubal ligation and vasectomy\nHowever, sterilisation does not include health care without which an organic malfunction or disease of the child is likely to cause serious or irreversible damage to the child’s physical health.\nIf the child has cancer affecting the reproductive system and, without the health care, the cancer is likely to cause serious or irreversible damage to the child’s physical health, the health care is not sterilisation.\ns 80B ins 2003 No. 87 s 15\n(sec.80B-ssec.1) Sterilisation is health care of a child who is, or is reasonably likely to be, fertile that is intended, or reasonably likely, to make the child, or to ensure the child is, permanently infertile. endometrial oblation, hysterectomy, tubal ligation and vasectomy\n(sec.80B-ssec.2) However, sterilisation does not include health care without which an organic malfunction or disease of the child is likely to cause serious or irreversible damage to the child’s physical health. If the child has cancer affecting the reproductive system and, without the health care, the cancer is likely to cause serious or irreversible damage to the child’s physical health, the health care is not sterilisation.","sortOrder":105},{"sectionNumber":"ch.5A-pt.2","sectionType":"part","heading":"Consent by tribunal","content":"# Consent by tribunal","sortOrder":106},{"sectionNumber":"sec.80C","sectionType":"section","heading":"When tribunal may consent and effect of consent","content":"### sec.80C When tribunal may consent and effect of consent\n\nOn an application made under part 3 , the tribunal may, by order, consent to the sterilisation of a child with an impairment.\nThe tribunal may consent to the sterilisation only if the tribunal is satisfied the sterilisation is in the best interests of the child.\nA child’s sterilisation, to which the tribunal has consented, is not unlawful.\ns 80C ins 2003 No. 87 s 15\n(sec.80C-ssec.1) On an application made under part 3 , the tribunal may, by order, consent to the sterilisation of a child with an impairment.\n(sec.80C-ssec.2) The tribunal may consent to the sterilisation only if the tribunal is satisfied the sterilisation is in the best interests of the child.\n(sec.80C-ssec.3) A child’s sterilisation, to which the tribunal has consented, is not unlawful.","sortOrder":107},{"sectionNumber":"sec.80D","sectionType":"section","heading":"Whether sterilisation is in child’s best interests","content":"### sec.80D Whether sterilisation is in child’s best interests\n\nThe sterilisation of a child with an impairment is in the child’s best interests only if—\none or more of the following applies—\nthe sterilisation is medically necessary;\nthe child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied;\nif the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and\nthe child’s impairment results in a substantial reduction of the child’s capacity for communication, social interaction and learning; and\nthe child’s impairment is, or is likely to be, permanent and there is a reasonable likelihood, when the child turns 18, the child will have impaired capacity for consenting to sterilisation; and\nthe sterilisation can not reasonably be postponed; and\nthe sterilisation is otherwise in the child’s best interests.\nSterilisation is not in the child’s best interests if the sterilisation is—\nfor eugenic reasons; or\nto remove the risk of pregnancy resulting from sexual abuse.\nIn deciding whether the sterilisation is in the child’s best interests, the tribunal must—\nensure the child is treated in a way that respects the child’s dignity and privacy; and\ndo each of the following—\nin a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account;\nto the greatest extent practicable, seek the views of each of the following persons and take them into account—\nany parent or guardian of the child;\nif a parent or guardian is not the child’s primary carer, the child’s primary carer;\nthe child representative for the child;\ntake into account the information given by any health provider who is treating, or has treated, the child; and\ntake into account—\nthe wellbeing of the child; and\nalternative forms of health care that have proven to be inadequate in relation to the child; and\nalternative forms of health care that are available, or likely to become available, in the foreseeable future; and\nthe nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care.\nThe child’s views and wishes may be expressed in the following ways—\norally;\nin writing;\nin another way including, for example, by conduct.\ns 80D ins 2003 No. 87 s 15\n(sec.80D-ssec.1) The sterilisation of a child with an impairment is in the child’s best interests only if— one or more of the following applies— the sterilisation is medically necessary; the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and the child’s impairment results in a substantial reduction of the child’s capacity for communication, social interaction and learning; and the child’s impairment is, or is likely to be, permanent and there is a reasonable likelihood, when the child turns 18, the child will have impaired capacity for consenting to sterilisation; and the sterilisation can not reasonably be postponed; and the sterilisation is otherwise in the child’s best interests.\n(sec.80D-ssec.2) Sterilisation is not in the child’s best interests if the sterilisation is— for eugenic reasons; or to remove the risk of pregnancy resulting from sexual abuse.\n(sec.80D-ssec.3) In deciding whether the sterilisation is in the child’s best interests, the tribunal must— ensure the child is treated in a way that respects the child’s dignity and privacy; and do each of the following— in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account; to the greatest extent practicable, seek the views of each of the following persons and take them into account— any parent or guardian of the child; if a parent or guardian is not the child’s primary carer, the child’s primary carer; the child representative for the child; take into account the information given by any health provider who is treating, or has treated, the child; and take into account— the wellbeing of the child; and alternative forms of health care that have proven to be inadequate in relation to the child; and alternative forms of health care that are available, or likely to become available, in the foreseeable future; and the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care.\n(sec.80D-ssec.4) The child’s views and wishes may be expressed in the following ways— orally; in writing; in another way including, for example, by conduct.\n- (a) one or more of the following applies— (i) the sterilisation is medically necessary; (ii) the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied; (iii) if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and\n- (i) the sterilisation is medically necessary;\n- (ii) the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied;\n- (iii) if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and\n- (b) the child’s impairment results in a substantial reduction of the child’s capacity for communication, social interaction and learning; and\n- (c) the child’s impairment is, or is likely to be, permanent and there is a reasonable likelihood, when the child turns 18, the child will have impaired capacity for consenting to sterilisation; and\n- (d) the sterilisation can not reasonably be postponed; and\n- (e) the sterilisation is otherwise in the child’s best interests.\n- (i) the sterilisation is medically necessary;\n- (ii) the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied;\n- (iii) if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and\n- (a) for eugenic reasons; or\n- (b) to remove the risk of pregnancy resulting from sexual abuse.\n- (a) ensure the child is treated in a way that respects the child’s dignity and privacy; and\n- (b) do each of the following— (i) in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account; (ii) to the greatest extent practicable, seek the views of each of the following persons and take them into account— (A) any parent or guardian of the child; (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; (C) the child representative for the child; (iii) take into account the information given by any health provider who is treating, or has treated, the child; and\n- (i) in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account;\n- (ii) to the greatest extent practicable, seek the views of each of the following persons and take them into account— (A) any parent or guardian of the child; (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; (C) the child representative for the child;\n- (A) any parent or guardian of the child;\n- (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer;\n- (C) the child representative for the child;\n- (iii) take into account the information given by any health provider who is treating, or has treated, the child; and\n- (c) take into account— (i) the wellbeing of the child; and (ii) alternative forms of health care that have proven to be inadequate in relation to the child; and (iii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and (iv) the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care.\n- (i) the wellbeing of the child; and\n- (ii) alternative forms of health care that have proven to be inadequate in relation to the child; and\n- (iii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and\n- (iv) the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care.\n- (i) in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account;\n- (ii) to the greatest extent practicable, seek the views of each of the following persons and take them into account— (A) any parent or guardian of the child; (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer; (C) the child representative for the child;\n- (A) any parent or guardian of the child;\n- (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer;\n- (C) the child representative for the child;\n- (iii) take into account the information given by any health provider who is treating, or has treated, the child; and\n- (A) any parent or guardian of the child;\n- (B) if a parent or guardian is not the child’s primary carer, the child’s primary carer;\n- (C) the child representative for the child;\n- (i) the wellbeing of the child; and\n- (ii) alternative forms of health care that have proven to be inadequate in relation to the child; and\n- (iii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and\n- (iv) the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care.\n- (a) orally;\n- (b) in writing;\n- (c) in another way including, for example, by conduct.","sortOrder":108},{"sectionNumber":"ch.5A-pt.3","sectionType":"part","heading":"Tribunal proceedings","content":"# Tribunal proceedings","sortOrder":109},{"sectionNumber":"ch.5A-pt.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":110},{"sectionNumber":"sec.80E","sectionType":"section","heading":"Relationship with ch 7","content":"### sec.80E Relationship with ch 7\n\nThe following provisions of chapter 7 apply in relation to a chapter 5A application and a proceeding under this part—\npart 1 (other than sections 102 and 106 )\nsection 122\npart 3 (other than section 125 )\npart 4 (other than sections 128 , 129 , 134 , 138 and 138A )\npart 6\npart 8 (other than section 163 ).\nThe remaining provisions of chapter 7 do not apply in relation to a chapter 5A application or a proceeding under this part.\nHowever, this part contains additional provisions that apply in relation to a chapter 5A application and a proceeding under this part.\ns 80E ins 2003 No. 87 s 15\namd 2008 No. 54 s 6 ; 2009 No. 24 s 1441\n(sec.80E-ssec.1) The following provisions of chapter 7 apply in relation to a chapter 5A application and a proceeding under this part— part 1 (other than sections 102 and 106 ) section 122 part 3 (other than section 125 ) part 4 (other than sections 128 , 129 , 134 , 138 and 138A ) part 6 part 8 (other than section 163 ).\n(sec.80E-ssec.2) The remaining provisions of chapter 7 do not apply in relation to a chapter 5A application or a proceeding under this part.\n(sec.80E-ssec.3) However, this part contains additional provisions that apply in relation to a chapter 5A application and a proceeding under this part.\n- • part 1 (other than sections 102 and 106 )\n- • section 122\n- • part 3 (other than section 125 )\n- • part 4 (other than sections 128 , 129 , 134 , 138 and 138A )\n- • part 6\n- • part 8 (other than section 163 ).","sortOrder":111},{"sectionNumber":"sec.80F","sectionType":"section","heading":"Members constituting tribunal","content":"### sec.80F Members constituting tribunal\n\nAt a hearing of a chapter 5A application, the tribunal must be constituted by 3 members.\nTo the extent practicable, the tribunal must include the following members who have, in the president’s opinion, knowledge and experience of persons with impaired capacity for matters—\neither—\na senior member who is an Australian lawyer; or\nan ordinary member who is an Australian lawyer;\na member who is a paediatrician;\nanother member.\nIn this section—\npaediatrician means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of paediatrics and child health, other than as a student.\ns 80F ins 2003 No. 87 s 15\namd 2009 No. 24 s 1442 ; 2010 No. 14 s 124 sch\n(sec.80F-ssec.1) At a hearing of a chapter 5A application, the tribunal must be constituted by 3 members.\n(sec.80F-ssec.2) To the extent practicable, the tribunal must include the following members who have, in the president’s opinion, knowledge and experience of persons with impaired capacity for matters— either— a senior member who is an Australian lawyer; or an ordinary member who is an Australian lawyer; a member who is a paediatrician; another member.\n(sec.80F-ssec.3) In this section— paediatrician means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of paediatrics and child health, other than as a student.\n- (a) either— (i) a senior member who is an Australian lawyer; or (ii) an ordinary member who is an Australian lawyer;\n- (i) a senior member who is an Australian lawyer; or\n- (ii) an ordinary member who is an Australian lawyer;\n- (b) a member who is a paediatrician;\n- (c) another member.\n- (i) a senior member who is an Australian lawyer; or\n- (ii) an ordinary member who is an Australian lawyer;","sortOrder":112},{"sectionNumber":"sec.80G","sectionType":"section","heading":null,"content":"### Section sec.80G\n\ns 80G ins 2003 No. 87 s 15\nom 2008 No. 54 s 7","sortOrder":113},{"sectionNumber":"ch.5A-pt.3-div.2","sectionType":"division","heading":"Applications","content":"## Applications","sortOrder":114},{"sectionNumber":"sec.80H","sectionType":"section","heading":"Who may apply","content":"### sec.80H Who may apply\n\nAn application may be made to the tribunal for consent to the sterilisation of a child with an impairment.\nThe application may only be made by—\na parent or guardian of the child; or\nanother interested person.\nSee schedule 4 (Dictionary), definition interested person .\ns 80H ins 2003 No. 87 s 15\namd 2012 No. 37 s 51 sch\n(sec.80H-ssec.1) An application may be made to the tribunal for consent to the sterilisation of a child with an impairment.\n(sec.80H-ssec.2) The application may only be made by— a parent or guardian of the child; or another interested person. See schedule 4 (Dictionary), definition interested person .\n- (a) a parent or guardian of the child; or\n- (b) another interested person. Note— See schedule 4 (Dictionary), definition interested person .","sortOrder":115},{"sectionNumber":"sec.80I","sectionType":"section","heading":"How to apply","content":"### sec.80I How to apply\n\nUnless the tribunal directs otherwise, a chapter 5A application must—\nbe written; and\nbe signed by the applicant; and\nbe filed with the tribunal; and\ncomply with subsections (2) to (5) .\nThe application must include all of the following information—\nthe reason for the application, including information about why the proposed sterilisation would, in the applicant’s view, be in the child’s best interests;\nSee section 80C (When tribunal may consent and effect of consent).\na detailed description of—\nthe child’s impairment; and\nhow the child communicates; and\nthe impact of the impairment on the child’s capacity for communication, social interaction and learning;\nwhether the child has been informed of the application;\nwhether the child has indicated the child does not wish to have the proposed sterilisation;\nSee section 80D (4) (Whether sterilisation is in child’s best interests).\ninformation about the help, if any, the child might need at the hearing of the application;\nif urgent action is required—an explanation of the urgency;\nany other information in relation to the wellbeing of the child the applicant considers relevant;\nto the best of the applicant’s knowledge, information about the following persons—\nthe applicant;\nthe child;\nany parent or guardian of the child;\nif a parent or guardian of the child is not the primary carer of the child, the primary carer of the child;\na doctor who is treating the child.\nThe information required under subsection (2) (h) is to enable the tribunal to give notice of the hearing and must consist of—\neach person’s name; and\neither—\ndetails the applicant knows of the person’s address and telephone and facsimile number; or\nif the applicant does not know the details—a way known to the applicant of contacting the person.\nThe application must also include a report by a doctor who is treating the child.\nThe report must state in detail information about—\nthe child’s impairment and the impact of the impairment on the child’s capacity for communication, social interaction and learning; and\nthe proposed sterilisation, including information about—\nthe reason for the proposed sterilisation, including information about why the proposed sterilisation would, in the doctor’s view, be in the child’s best interests; and\nwhether the child is, or is reasonably likely to be, fertile; and\nthe type of proposed sterilisation and a description of the procedure; and\nwhen and where the proposed sterilisation would be carried out; and\nwhy the sterilisation can not be reasonably postponed; and\nany alternative forms of health care that have proven to be inadequate in relation to the child; and\nalternative forms of health care that are available, or likely to become available, in the foreseeable future; and\nany risks to the child if the proposed sterilisation is carried out; and\nany risks to the child if the proposed sterilisation is not carried out; and\nthe likely long-term social and psychological effects of the sterilisation on the child; and\nwhether the child’s impairment is, or is likely to be, permanent.\ns 80I ins 2003 No. 87 s 15\namd 2012 No. 37 s 51 sch\n(sec.80I-ssec.1) Unless the tribunal directs otherwise, a chapter 5A application must— be written; and be signed by the applicant; and be filed with the tribunal; and comply with subsections (2) to (5) .\n(sec.80I-ssec.2) The application must include all of the following information— the reason for the application, including information about why the proposed sterilisation would, in the applicant’s view, be in the child’s best interests; See section 80C (When tribunal may consent and effect of consent). a detailed description of— the child’s impairment; and how the child communicates; and the impact of the impairment on the child’s capacity for communication, social interaction and learning; whether the child has been informed of the application; whether the child has indicated the child does not wish to have the proposed sterilisation; See section 80D (4) (Whether sterilisation is in child’s best interests). information about the help, if any, the child might need at the hearing of the application; if urgent action is required—an explanation of the urgency; any other information in relation to the wellbeing of the child the applicant considers relevant; to the best of the applicant’s knowledge, information about the following persons— the applicant; the child; any parent or guardian of the child; if a parent or guardian of the child is not the primary carer of the child, the primary carer of the child; a doctor who is treating the child.\n(sec.80I-ssec.3) The information required under subsection (2) (h) is to enable the tribunal to give notice of the hearing and must consist of— each person’s name; and either— details the applicant knows of the person’s address and telephone and facsimile number; or if the applicant does not know the details—a way known to the applicant of contacting the person.\n(sec.80I-ssec.4) The application must also include a report by a doctor who is treating the child.\n(sec.80I-ssec.5) The report must state in detail information about— the child’s impairment and the impact of the impairment on the child’s capacity for communication, social interaction and learning; and the proposed sterilisation, including information about— the reason for the proposed sterilisation, including information about why the proposed sterilisation would, in the doctor’s view, be in the child’s best interests; and whether the child is, or is reasonably likely to be, fertile; and the type of proposed sterilisation and a description of the procedure; and when and where the proposed sterilisation would be carried out; and why the sterilisation can not be reasonably postponed; and any alternative forms of health care that have proven to be inadequate in relation to the child; and alternative forms of health care that are available, or likely to become available, in the foreseeable future; and any risks to the child if the proposed sterilisation is carried out; and any risks to the child if the proposed sterilisation is not carried out; and the likely long-term social and psychological effects of the sterilisation on the child; and whether the child’s impairment is, or is likely to be, permanent.\n- (a) be written; and\n- (b) be signed by the applicant; and\n- (c) be filed with the tribunal; and\n- (d) comply with subsections (2) to (5) .\n- (a) the reason for the application, including information about why the proposed sterilisation would, in the applicant’s view, be in the child’s best interests; Note— See section 80C (When tribunal may consent and effect of consent).\n- (b) a detailed description of— (i) the child’s impairment; and (ii) how the child communicates; and (iii) the impact of the impairment on the child’s capacity for communication, social interaction and learning;\n- (i) the child’s impairment; and\n- (ii) how the child communicates; and\n- (iii) the impact of the impairment on the child’s capacity for communication, social interaction and learning;\n- (c) whether the child has been informed of the application;\n- (d) whether the child has indicated the child does not wish to have the proposed sterilisation; Note— See section 80D (4) (Whether sterilisation is in child’s best interests).\n- (e) information about the help, if any, the child might need at the hearing of the application;\n- (f) if urgent action is required—an explanation of the urgency;\n- (g) any other information in relation to the wellbeing of the child the applicant considers relevant;\n- (h) to the best of the applicant’s knowledge, information about the following persons— (i) the applicant; (ii) the child; (iii) any parent or guardian of the child; (iv) if a parent or guardian of the child is not the primary carer of the child, the primary carer of the child; (v) a doctor who is treating the child.\n- (i) the applicant;\n- (ii) the child;\n- (iii) any parent or guardian of the child;\n- (iv) if a parent or guardian of the child is not the primary carer of the child, the primary carer of the child;\n- (v) a doctor who is treating the child.\n- (i) the child’s impairment; and\n- (ii) how the child communicates; and\n- (iii) the impact of the impairment on the child’s capacity for communication, social interaction and learning;\n- (i) the applicant;\n- (ii) the child;\n- (iii) any parent or guardian of the child;\n- (iv) if a parent or guardian of the child is not the primary carer of the child, the primary carer of the child;\n- (v) a doctor who is treating the child.\n- (a) each person’s name; and\n- (b) either— (i) details the applicant knows of the person’s address and telephone and facsimile number; or (ii) if the applicant does not know the details—a way known to the applicant of contacting the person.\n- (i) details the applicant knows of the person’s address and telephone and facsimile number; or\n- (ii) if the applicant does not know the details—a way known to the applicant of contacting the person.\n- (i) details the applicant knows of the person’s address and telephone and facsimile number; or\n- (ii) if the applicant does not know the details—a way known to the applicant of contacting the person.\n- (a) the child’s impairment and the impact of the impairment on the child’s capacity for communication, social interaction and learning; and\n- (b) the proposed sterilisation, including information about— (i) the reason for the proposed sterilisation, including information about why the proposed sterilisation would, in the doctor’s view, be in the child’s best interests; and (ii) whether the child is, or is reasonably likely to be, fertile; and (iii) the type of proposed sterilisation and a description of the procedure; and (iv) when and where the proposed sterilisation would be carried out; and (v) why the sterilisation can not be reasonably postponed; and (vi) any alternative forms of health care that have proven to be inadequate in relation to the child; and (vii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and (viii) any risks to the child if the proposed sterilisation is carried out; and (ix) any risks to the child if the proposed sterilisation is not carried out; and (x) the likely long-term social and psychological effects of the sterilisation on the child; and (xi) whether the child’s impairment is, or is likely to be, permanent.\n- (i) the reason for the proposed sterilisation, including information about why the proposed sterilisation would, in the doctor’s view, be in the child’s best interests; and\n- (ii) whether the child is, or is reasonably likely to be, fertile; and\n- (iii) the type of proposed sterilisation and a description of the procedure; and\n- (iv) when and where the proposed sterilisation would be carried out; and\n- (v) why the sterilisation can not be reasonably postponed; and\n- (vi) any alternative forms of health care that have proven to be inadequate in relation to the child; and\n- (vii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and\n- (viii) any risks to the child if the proposed sterilisation is carried out; and\n- (ix) any risks to the child if the proposed sterilisation is not carried out; and\n- (x) the likely long-term social and psychological effects of the sterilisation on the child; and\n- (xi) whether the child’s impairment is, or is likely to be, permanent.\n- (i) the reason for the proposed sterilisation, including information about why the proposed sterilisation would, in the doctor’s view, be in the child’s best interests; and\n- (ii) whether the child is, or is reasonably likely to be, fertile; and\n- (iii) the type of proposed sterilisation and a description of the procedure; and\n- (iv) when and where the proposed sterilisation would be carried out; and\n- (v) why the sterilisation can not be reasonably postponed; and\n- (vi) any alternative forms of health care that have proven to be inadequate in relation to the child; and\n- (vii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and\n- (viii) any risks to the child if the proposed sterilisation is carried out; and\n- (ix) any risks to the child if the proposed sterilisation is not carried out; and\n- (x) the likely long-term social and psychological effects of the sterilisation on the child; and\n- (xi) whether the child’s impairment is, or is likely to be, permanent.","sortOrder":116},{"sectionNumber":"sec.80J","sectionType":"section","heading":"Tribunal advises persons concerned of hearing","content":"### sec.80J Tribunal advises persons concerned of hearing\n\nAt least 7 days before the hearing of a chapter 5A application, the tribunal must give notice of the hearing to the child and, as far as practicable, to—\nthe applicant; and\nany parent or guardian of the child; and\nif a parent or guardian of the child is not the primary carer of the child, the primary carer; and\na doctor who is treating the child; and\nthe child representative for the child; and\nanyone else the tribunal considers should be notified.\nHowever, the tribunal is not required to give notice to the child if the tribunal considers that notice to the child might be prejudicial to the physical or mental health or wellbeing of the child.\nAlso, if the president or presiding member of the tribunal is satisfied urgent action is required, the president or presiding member may, by direction under the QCAT Act , direct that the time stated in subsection (1) be reduced.\ns 80J ins 2003 No. 87 s 15\namd 2009 No. 24 s 1443\n(sec.80J-ssec.1) At least 7 days before the hearing of a chapter 5A application, the tribunal must give notice of the hearing to the child and, as far as practicable, to— the applicant; and any parent or guardian of the child; and if a parent or guardian of the child is not the primary carer of the child, the primary carer; and a doctor who is treating the child; and the child representative for the child; and anyone else the tribunal considers should be notified.\n(sec.80J-ssec.2) However, the tribunal is not required to give notice to the child if the tribunal considers that notice to the child might be prejudicial to the physical or mental health or wellbeing of the child.\n(sec.80J-ssec.3) Also, if the president or presiding member of the tribunal is satisfied urgent action is required, the president or presiding member may, by direction under the QCAT Act , direct that the time stated in subsection (1) be reduced.\n- (a) the applicant; and\n- (b) any parent or guardian of the child; and\n- (c) if a parent or guardian of the child is not the primary carer of the child, the primary carer; and\n- (d) a doctor who is treating the child; and\n- (e) the child representative for the child; and\n- (f) anyone else the tribunal considers should be notified.","sortOrder":117},{"sectionNumber":"sec.80K","sectionType":"section","heading":"Who is an active party","content":"### sec.80K Who is an active party\n\nEach of the following persons is an active party for a proceeding in relation to a chapter 5A application—\nthe child;\nthe applicant;\nany parent or guardian of the child;\nif a parent or guardian of the child is not the primary carer of the child, the primary carer of the child;\na doctor who is treating the child;\nthe child representative for the child;\na person joined as a party to the proceeding by the tribunal.\ns 80K ins 2003 No. 87 s 15\n- (a) the child;\n- (b) the applicant;\n- (c) any parent or guardian of the child;\n- (d) if a parent or guardian of the child is not the primary carer of the child, the primary carer of the child;\n- (e) a doctor who is treating the child;\n- (f) the child representative for the child;\n- (g) a person joined as a party to the proceeding by the tribunal.","sortOrder":118},{"sectionNumber":"sec.80L","sectionType":"section","heading":"Child representative must be appointed","content":"### sec.80L Child representative must be appointed\n\nAs soon as possible after a chapter 5A application is made, the tribunal must appoint a person to separately represent the child before the tribunal (a child representative ).\nA person is eligible for appointment as a child representative only if the person is a lawyer who has experience in dealing with children with an impairment.\nLawyer means a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of a State— Acts Interpretation Act 1954 , schedule 1 (Meaning of commonly used words and expressions).\nThe definition lawyer in the Acts Interpretation Act 1954 was replaced by the Justice and Other Legislation Amendment Act 2013 , section 6 with the following—\nlawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 .\nThe child representative must—\nact in the child’s best interests; and\nhave regard to any expressed views or wishes of the child; and\nto the greatest extent practicable, present the child’s views and wishes to the tribunal.\nTo ensure the child representative has all the information necessary to act in the child’s best interests, the tribunal may order a person, for example, a parent or a doctor who is treating, or has treated, the child, to give the child representative information about the child.\nIf the tribunal orders a person to give information under subsection (4) , the person must comply with the order unless the person has a reasonable excuse.\nIt is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person.\nSubject to subsection (6) , this section overrides—\nany restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\nany claim of confidentiality or privilege, including a claim based on legal professional privilege.\ns 80L ins 2003 No. 87 s 15\namd 2012 No. 37 s 51 sch ; 2013 No. 39 s 110 sch 3 pt 1\n(sec.80L-ssec.1) As soon as possible after a chapter 5A application is made, the tribunal must appoint a person to separately represent the child before the tribunal (a child representative ).\n(sec.80L-ssec.2) A person is eligible for appointment as a child representative only if the person is a lawyer who has experience in dealing with children with an impairment. Lawyer means a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of a State— Acts Interpretation Act 1954 , schedule 1 (Meaning of commonly used words and expressions). The definition lawyer in the Acts Interpretation Act 1954 was replaced by the Justice and Other Legislation Amendment Act 2013 , section 6 with the following— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 .\n(sec.80L-ssec.3) The child representative must— act in the child’s best interests; and have regard to any expressed views or wishes of the child; and to the greatest extent practicable, present the child’s views and wishes to the tribunal.\n(sec.80L-ssec.4) To ensure the child representative has all the information necessary to act in the child’s best interests, the tribunal may order a person, for example, a parent or a doctor who is treating, or has treated, the child, to give the child representative information about the child.\n(sec.80L-ssec.5) If the tribunal orders a person to give information under subsection (4) , the person must comply with the order unless the person has a reasonable excuse.\n(sec.80L-ssec.6) It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person.\n(sec.80L-ssec.7) Subject to subsection (6) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege.\n- (a) act in the child’s best interests; and\n- (b) have regard to any expressed views or wishes of the child; and\n- (c) to the greatest extent practicable, present the child’s views and wishes to the tribunal.\n- (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\n- (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege.","sortOrder":119},{"sectionNumber":"ch.5A-pt.3-div.3","sectionType":"division","heading":"Proceeding","content":"## Proceeding","sortOrder":120},{"sectionNumber":"sec.80M","sectionType":"section","heading":"Advice, directions and recommendations","content":"### sec.80M Advice, directions and recommendations\n\nOnce a chapter 5A application is made to the tribunal, the tribunal may—\ngive the advice or directions about the application it considers appropriate; or\nmake the recommendations it considers appropriate about action an active party should take.\nIf the tribunal gives advice or a direction or makes a recommendation, it may also—\ncontinue with the application; or\nadjourn the application; or\ndismiss the application.\nThe tribunal may also give leave for an active party to apply to the tribunal for directions about implementing the recommendation.\ns 80M ins 2003 No. 87 s 15\n(sec.80M-ssec.1) Once a chapter 5A application is made to the tribunal, the tribunal may— give the advice or directions about the application it considers appropriate; or make the recommendations it considers appropriate about action an active party should take.\n(sec.80M-ssec.2) If the tribunal gives advice or a direction or makes a recommendation, it may also— continue with the application; or adjourn the application; or dismiss the application.\n(sec.80M-ssec.3) The tribunal may also give leave for an active party to apply to the tribunal for directions about implementing the recommendation.\n- (a) give the advice or directions about the application it considers appropriate; or\n- (b) make the recommendations it considers appropriate about action an active party should take.\n- (a) continue with the application; or\n- (b) adjourn the application; or\n- (c) dismiss the application.","sortOrder":121},{"sectionNumber":"ch.5A-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":122},{"sectionNumber":"sec.80N","sectionType":"section","heading":null,"content":"### Section sec.80N\n\ns 80N ins 2003 No. 87 s 15\nom 2008 No. 54 s 7","sortOrder":123},{"sectionNumber":"ch.5A-pt.3-div.5","sectionType":"division","heading":"Appeal","content":"## Appeal","sortOrder":124},{"sectionNumber":"sec.80O","sectionType":"section","heading":"Appellant","content":"### sec.80O Appellant\n\nAn active party for a proceeding under this part may, by notice, appeal to the court against a tribunal decision in relation to the proceeding.\nThe court’s leave is required for an appeal other than an appeal on a question of law only.\nIn this section—\ntribunal decision includes a declaration, order or direction of the tribunal.\ns 80O ins 2003 No. 87 s 15\n(sec.80O-ssec.1) An active party for a proceeding under this part may, by notice, appeal to the court against a tribunal decision in relation to the proceeding.\n(sec.80O-ssec.2) The court’s leave is required for an appeal other than an appeal on a question of law only.\n(sec.80O-ssec.3) In this section— tribunal decision includes a declaration, order or direction of the tribunal.","sortOrder":125},{"sectionNumber":"ch.5A-pt.4","sectionType":"part","heading":"Other provisions about consent to sterilisation of child","content":"# Other provisions about consent to sterilisation of child","sortOrder":126},{"sectionNumber":"sec.80P","sectionType":"section","heading":"Health providers to give information","content":"### sec.80P Health providers to give information\n\nThe purpose of this section is to ensure the tribunal, in deciding whether to consent to sterilisation of a child, has all the information necessary to make an informed decision.\nThe tribunal may order a health provider who is treating, or has treated, the child to give information to the tribunal, including—\nthe type of information mentioned in section 80I (5) ; and\nany other relevant information.\nThe health provider must comply with the order, unless the health provider has a reasonable excuse.\nIt is a reasonable excuse for a health provider to fail to give information because giving the information might tend to incriminate the health provider.\nSubject to subsection (4) , this section overrides—\nany restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\nany claim of confidentiality or privilege.\ns 80P ins 2003 No. 87 s 15\n(sec.80P-ssec.1) The purpose of this section is to ensure the tribunal, in deciding whether to consent to sterilisation of a child, has all the information necessary to make an informed decision.\n(sec.80P-ssec.2) The tribunal may order a health provider who is treating, or has treated, the child to give information to the tribunal, including— the type of information mentioned in section 80I (5) ; and any other relevant information.\n(sec.80P-ssec.3) The health provider must comply with the order, unless the health provider has a reasonable excuse.\n(sec.80P-ssec.4) It is a reasonable excuse for a health provider to fail to give information because giving the information might tend to incriminate the health provider.\n(sec.80P-ssec.5) Subject to subsection (4) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege.\n- (a) the type of information mentioned in section 80I (5) ; and\n- (b) any other relevant information.\n- (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\n- (b) any claim of confidentiality or privilege.","sortOrder":127},{"sectionNumber":"sec.80Q","sectionType":"section","heading":"No less protection than if adult gave consent","content":"### sec.80Q No less protection than if adult gave consent\n\nA person carrying out sterilisation of a child to which the tribunal has consented under this part is not liable for an act or omission to any greater extent than if the child were an adult with capacity to consent and the act or omission happened with the adult’s consent.\ns 80Q ins 2003 No. 87 s 15","sortOrder":128},{"sectionNumber":"ch.5B-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":129},{"sectionNumber":"sec.80R","sectionType":"section","heading":"Application of ch 5B","content":"### sec.80R Application of ch 5B\n\nThis chapter applies to an adult with an intellectual or cognitive disability who receives disability services from a relevant service provider.\ns 80R ins 2008 No. 23 s 22\namd 2019 No. 19 s 55","sortOrder":130},{"sectionNumber":"sec.80S","sectionType":"section","heading":"Purpose of ch 5B","content":"### sec.80S Purpose of ch 5B\n\nThe purpose of this chapter is to enable the tribunal to—\ngive approval for a relevant service provider to contain or seclude an adult, and to review the approval; and\nif the tribunal has given, or proposes to give, an approval mentioned in paragraph (a) in relation to an adult—give approval for a relevant service provider to use restrictive practices other than containment or seclusion in relation to the adult, and to review the approval; and\nappoint a guardian for a restrictive practice matter for an adult, and to review the appointment.\nAlso, this chapter—\nenables the public guardian to approve the use of particular restrictive practices on a short-term basis; and\nprovides criteria for guardians for a restrictive practice matter and informal decision-makers for deciding whether to consent to the use of particular restrictive practices.\ns 80S ins 2008 No. 23 s 22\namd 2014 No. 26 s 240 (1)\n(sec.80S-ssec.1) The purpose of this chapter is to enable the tribunal to— give approval for a relevant service provider to contain or seclude an adult, and to review the approval; and if the tribunal has given, or proposes to give, an approval mentioned in paragraph (a) in relation to an adult—give approval for a relevant service provider to use restrictive practices other than containment or seclusion in relation to the adult, and to review the approval; and appoint a guardian for a restrictive practice matter for an adult, and to review the appointment.\n(sec.80S-ssec.2) Also, this chapter— enables the public guardian to approve the use of particular restrictive practices on a short-term basis; and provides criteria for guardians for a restrictive practice matter and informal decision-makers for deciding whether to consent to the use of particular restrictive practices.\n- (a) give approval for a relevant service provider to contain or seclude an adult, and to review the approval; and\n- (b) if the tribunal has given, or proposes to give, an approval mentioned in paragraph (a) in relation to an adult—give approval for a relevant service provider to use restrictive practices other than containment or seclusion in relation to the adult, and to review the approval; and\n- (c) appoint a guardian for a restrictive practice matter for an adult, and to review the appointment.\n- (a) enables the public guardian to approve the use of particular restrictive practices on a short-term basis; and\n- (b) provides criteria for guardians for a restrictive practice matter and informal decision-makers for deciding whether to consent to the use of particular restrictive practices.","sortOrder":131},{"sectionNumber":"sec.80T","sectionType":"section","heading":"Effect of ch 5B on substitute decision-maker’s ability to make health care decision","content":"### sec.80T Effect of ch 5B on substitute decision-maker’s ability to make health care decision\n\nThis chapter does not limit the extent to which a substitute decision-maker is authorised under a provision of this Act or the Powers of Attorney Act 1998 to make a health care decision in relation to an adult to whom this chapter does not apply.\ns 80T ins 2008 No. 23 s 22","sortOrder":132},{"sectionNumber":"sec.80U","sectionType":"section","heading":"Definitions for ch 5B","content":"### sec.80U Definitions for ch 5B\n\nIn this chapter—\nactive party see section 80ZQ .\nadult with an intellectual or cognitive disability see the Disability Services Act 2006 , section 144 .\ns 80U def adult with an intellectual or cognitive disability amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nassessment , of an adult, see the Disability Services Act 2006 , section 144 .\ns 80U def assessment amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nauthorised psychiatrist see the Mental Health Act 2016 , schedule 3 .\ns 80U def authorised psychiatrist amd 2011 No. 13 s 193 (2) ; 2016 No. 5 s 923 sch 4\nchemical restraint see the Disability Services Act 2006 , section 144 .\ns 80U def chemical restraint amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nchemical restraint (fixed dose) see the Disability Services Act 2006 , section 144 .\ns 80U def chemical restraint (fixed dose) amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\ncommunity access services see the Disability Services Act 2006 , section 144 .\ns 80U def community access services amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\ncontain see the Disability Services Act 2006 , section 144 .\ns 80U def contain amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\ncontainment or seclusion approval —\nmeans approval given by the tribunal under part 2 , division 1 for a relevant service provider to contain or seclude an adult; and\nincludes an approval given under that part for a relevant service provider to use a restrictive practice other than containment or seclusion in relation to the adult.\ndirector of forensic disability means the director of forensic disability under the Forensic Disability Act 2011 .\ns 80U def director of forensic disability ins 2011 No. 13 s 193 (1)\ndisability services means disability services or NDIS supports or services under the Disability Services Act 2006 .\ns 80U def disability services sub 2020 No. 39 s 70 sch 1\nDSA ...\ns 80U def DSA om 2020 No. 39 s 70 sch 1\nforensic disability client means a forensic disability client under the Forensic Disability Act 2011 .\ns 80U def forensic disability client ins 2011 No. 13 s 193 (1)\nforensic disability service means the forensic disability service under the Forensic Disability Act 2011 .\ns 80U def forensic disability service ins 2011 No. 13 s 193 (1)\nharm see the Disability Services Act 2006 , section 144 .\ns 80U def harm amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\ninformal decision-maker , for an adult, see the Disability Services Act 2006 , section 144 .\ns 80U def informal decision maker amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nleast restrictive see the Disability Services Act 2006 , section 144 .\ns 80U def least restrictive amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nmechanical restraint ...\ns 80U def mechanical restraint om 2012 No. 37 s 51 sch\nphysical restraint ...\ns 80U def physical restraint om 2012 No. 37 s 51 sch\npositive behaviour support plan see the Disability Services Act 2006 , section 144 .\ns 80U def positive behaviour support plan amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nrelevant service provider ...\ns 80U def relevant service provider om 2019 No. 19 s 56\nrespite/community access plan see the Disability Services Act 2006 , section 144 .\ns 80U def respite/community access plan amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nrespite services see the Disability Services Act 2006 , section 144 .\ns 80U def respite services amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nrestrictive practice see the Disability Services Act 2006 , section 144 .\ns 80U def restrictive practice amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nrestrictive practice (general) matter , for an adult, means a matter relating to the use of a restrictive practice in relation to the adult by a relevant service provider, other than—\ncontainment or seclusion; or\nany restrictive practice used in the course of providing respite services or community access services to the adult.\nrestrictive practice matter means—\na restrictive practice (general) matter; or\na restrictive practice (respite) matter.\nrestrictive practice (respite) matter , for an adult, means a matter relating to the use of a restrictive practice in relation to the adult by a relevant service provider in the course of providing respite services or community access services to the adult.\nseclude see the Disability Services Act 2006 , section 144 .\ns 80U def seclude amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\nsenior practitioner means a senior practitioner under the Forensic Disability Act 2011 .\ns 80U def senior practitioner ins 2011 No. 13 s 193 (1)\nshort term plan ...\ns 80U def short term plan om 2014 No. 5 s 40\ns 80U ins 2008 No. 23 s 22\n- (a) means approval given by the tribunal under part 2 , division 1 for a relevant service provider to contain or seclude an adult; and\n- (b) includes an approval given under that part for a relevant service provider to use a restrictive practice other than containment or seclusion in relation to the adult.\n- (a) containment or seclusion; or\n- (b) any restrictive practice used in the course of providing respite services or community access services to the adult.\n- (a) a restrictive practice (general) matter; or\n- (b) a restrictive practice (respite) matter.","sortOrder":133},{"sectionNumber":"ch.5B-pt.2","sectionType":"part","heading":"Containment or seclusion approvals","content":"# Containment or seclusion approvals","sortOrder":134},{"sectionNumber":"ch.5B-pt.2-div.1","sectionType":"division","heading":"Giving containment or seclusion approvals","content":"## Giving containment or seclusion approvals","sortOrder":135},{"sectionNumber":"sec.80V","sectionType":"section","heading":"When tribunal may approve use of containment or seclusion","content":"### sec.80V When tribunal may approve use of containment or seclusion\n\nThe tribunal may, by order, give approval for a relevant service provider to contain or seclude an adult, subject to the conditions stated in the order.\nThe tribunal may give the approval only if the tribunal is satisfied—\nthe adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and\nthere is a need for the relevant service provider to contain or seclude the adult because—\nthe adult’s behaviour has previously resulted in harm to the adult or others; and\nthere is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and\na positive behaviour support plan has been developed for the adult that provides for the containment or seclusion; and\ncontaining or secluding the adult in compliance with the approval is the least restrictive way of ensuring the safety of the adult or others; and\nthe adult has been adequately assessed by appropriately qualified persons, within the meaning of the Disability Services Act 2006 , section 149 , in the development of the positive behaviour support plan for the adult; and\nif the positive behaviour support plan for the adult is implemented—\nthe risk of the adult’s behaviour causing harm will be reduced or eliminated; and\nthe adult’s quality of life will be improved in the long term; and\nthe observations and monitoring provided for under the positive behaviour support plan for the adult are appropriate.\nThe tribunal may make the order on its own initiative or on an application under section 80ZO .\ns 80V ins 2008 No. 23 s 22\namd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\n(sec.80V-ssec.1) The tribunal may, by order, give approval for a relevant service provider to contain or seclude an adult, subject to the conditions stated in the order.\n(sec.80V-ssec.2) The tribunal may give the approval only if the tribunal is satisfied— the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and there is a need for the relevant service provider to contain or seclude the adult because— the adult’s behaviour has previously resulted in harm to the adult or others; and there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and a positive behaviour support plan has been developed for the adult that provides for the containment or seclusion; and containing or secluding the adult in compliance with the approval is the least restrictive way of ensuring the safety of the adult or others; and the adult has been adequately assessed by appropriately qualified persons, within the meaning of the Disability Services Act 2006 , section 149 , in the development of the positive behaviour support plan for the adult; and if the positive behaviour support plan for the adult is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term; and the observations and monitoring provided for under the positive behaviour support plan for the adult are appropriate.\n(sec.80V-ssec.3) The tribunal may make the order on its own initiative or on an application under section 80ZO .\n- (a) the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and\n- (b) there is a need for the relevant service provider to contain or seclude the adult because— (i) the adult’s behaviour has previously resulted in harm to the adult or others; and (ii) there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (i) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (ii) there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (c) a positive behaviour support plan has been developed for the adult that provides for the containment or seclusion; and\n- (d) containing or secluding the adult in compliance with the approval is the least restrictive way of ensuring the safety of the adult or others; and\n- (e) the adult has been adequately assessed by appropriately qualified persons, within the meaning of the Disability Services Act 2006 , section 149 , in the development of the positive behaviour support plan for the adult; and\n- (f) if the positive behaviour support plan for the adult is implemented— (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (ii) the adult’s quality of life will be improved in the long term; and\n- (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (ii) the adult’s quality of life will be improved in the long term; and\n- (g) the observations and monitoring provided for under the positive behaviour support plan for the adult are appropriate.\n- (i) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (ii) there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (ii) the adult’s quality of life will be improved in the long term; and","sortOrder":136},{"sectionNumber":"sec.80W","sectionType":"section","heading":"Matters tribunal to consider","content":"### sec.80W Matters tribunal to consider\n\nIn deciding whether to give a containment or seclusion approval, the tribunal must consider each of the following—\nthe suitability of the environment in which the adult will be contained or secluded;\nif the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —\nthe terms of the order or authority; and\nthe views of the authorised psychiatrist responsible for treating the adult under that Act about the containment or seclusion of the adult;\nif the tribunal is aware the adult is a forensic disability client—\nthe terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and\nthe views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the containment or seclusion of the adult;\nany strategies, including restrictive practices, previously used to manage or reduce the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies;\nthe type of disability services provided to the adult.\nAlso, in deciding whether to give the containment or seclusion approval, the tribunal may consider the following—\nthe findings, theories and recommendations of each person who assessed the adult;\nif there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult;\nthe views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of containment or seclusion;\nthe way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan.\ns 80W ins 2008 No. 23 s 22\namd 2011 No. 13 s 194 ; 2012 No. 37 s 51 sch ; 2014 No. 5 s 41 ; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1\n(sec.80W-ssec.1) In deciding whether to give a containment or seclusion approval, the tribunal must consider each of the following— the suitability of the environment in which the adult will be contained or secluded; if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 — the terms of the order or authority; and the views of the authorised psychiatrist responsible for treating the adult under that Act about the containment or seclusion of the adult; if the tribunal is aware the adult is a forensic disability client— the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the containment or seclusion of the adult; any strategies, including restrictive practices, previously used to manage or reduce the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies; the type of disability services provided to the adult.\n(sec.80W-ssec.2) Also, in deciding whether to give the containment or seclusion approval, the tribunal may consider the following— the findings, theories and recommendations of each person who assessed the adult; if there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult; the views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of containment or seclusion; the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan.\n- (a) the suitability of the environment in which the adult will be contained or secluded;\n- (b) if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 — (i) the terms of the order or authority; and (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the containment or seclusion of the adult;\n- (i) the terms of the order or authority; and\n- (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the containment or seclusion of the adult;\n- (c) if the tribunal is aware the adult is a forensic disability client— (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the containment or seclusion of the adult;\n- (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and\n- (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the containment or seclusion of the adult;\n- (d) any strategies, including restrictive practices, previously used to manage or reduce the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies;\n- (e) the type of disability services provided to the adult.\n- (i) the terms of the order or authority; and\n- (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the containment or seclusion of the adult;\n- (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and\n- (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the containment or seclusion of the adult;\n- (a) the findings, theories and recommendations of each person who assessed the adult;\n- (b) if there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult;\n- (c) the views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of containment or seclusion;\n- (d) the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan.","sortOrder":137},{"sectionNumber":"sec.80X","sectionType":"section","heading":"When tribunal may approve use of other restrictive practices","content":"### sec.80X When tribunal may approve use of other restrictive practices\n\nThis section applies if—\nan approval given under section 80V is in effect in relation to an adult; or\nthe tribunal proposes to give an approval under section 80V in relation to an adult.\nThe tribunal may, by order, give approval for a relevant service provider to use a restrictive practice other than containment or seclusion (the other restrictive practice ) in relation to the adult, subject to the conditions stated in the order.\nThe tribunal may make the order only if the tribunal is satisfied of the matters stated in section 80V (2) (a) to (g) in relation to the other restrictive practice.\nIn deciding whether to make the order, the tribunal—\nmust consider—\nthe matters stated in section 80W (1) ; and\nif the other restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint; and\nmay consider the matters stated in section 80W (2) .\nFor subsections (3) and (4) (a) (i) and (b), sections 80V (2) (a) to (g) and 80W apply as if a reference in the sections to containing or secluding the adult were a reference to using the other restrictive practice in relation to the adult.\nAn order made under this section is taken to be part of the approval given under section 80V in relation to the adult.\nThe tribunal may make the order on its own initiative or on an application under section 80ZO .\ns 80X ins 2008 No. 23 s 22\namd 2014 No. 5 s 42\n(sec.80X-ssec.1) This section applies if— an approval given under section 80V is in effect in relation to an adult; or the tribunal proposes to give an approval under section 80V in relation to an adult.\n(sec.80X-ssec.2) The tribunal may, by order, give approval for a relevant service provider to use a restrictive practice other than containment or seclusion (the other restrictive practice ) in relation to the adult, subject to the conditions stated in the order.\n(sec.80X-ssec.3) The tribunal may make the order only if the tribunal is satisfied of the matters stated in section 80V (2) (a) to (g) in relation to the other restrictive practice.\n(sec.80X-ssec.4) In deciding whether to make the order, the tribunal— must consider— the matters stated in section 80W (1) ; and if the other restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint; and may consider the matters stated in section 80W (2) .\n(sec.80X-ssec.5) For subsections (3) and (4) (a) (i) and (b), sections 80V (2) (a) to (g) and 80W apply as if a reference in the sections to containing or secluding the adult were a reference to using the other restrictive practice in relation to the adult.\n(sec.80X-ssec.6) An order made under this section is taken to be part of the approval given under section 80V in relation to the adult.\n(sec.80X-ssec.7) The tribunal may make the order on its own initiative or on an application under section 80ZO .\n- (a) an approval given under section 80V is in effect in relation to an adult; or\n- (b) the tribunal proposes to give an approval under section 80V in relation to an adult.\n- (a) must consider— (i) the matters stated in section 80W (1) ; and (ii) if the other restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint; and\n- (i) the matters stated in section 80W (1) ; and\n- (ii) if the other restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint; and\n- (b) may consider the matters stated in section 80W (2) .\n- (i) the matters stated in section 80W (1) ; and\n- (ii) if the other restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint; and","sortOrder":138},{"sectionNumber":"ch.5B-pt.2-div.2","sectionType":"division","heading":"Period of containment or seclusion approval","content":"## Period of containment or seclusion approval","sortOrder":139},{"sectionNumber":"sec.80Y","sectionType":"section","heading":"Period for which containment or seclusion approval has effect","content":"### sec.80Y Period for which containment or seclusion approval has effect\n\nA containment or seclusion approval has effect for the period stated in the order.\nThe total period for which the approval has effect must be not more than 12 months from the day the order is made.\nThis section applies subject to sections 80Z and 80ZB .\ns 80Y ins 2008 No. 23 s 22\n(sec.80Y-ssec.1) A containment or seclusion approval has effect for the period stated in the order.\n(sec.80Y-ssec.2) The total period for which the approval has effect must be not more than 12 months from the day the order is made.\n(sec.80Y-ssec.3) This section applies subject to sections 80Z and 80ZB .","sortOrder":140},{"sectionNumber":"sec.80Z","sectionType":"section","heading":"Automatic revocation of containment or seclusion approval","content":"### sec.80Z Automatic revocation of containment or seclusion approval\n\nA containment or seclusion approval ends if—\nthe adult dies; or\nfor a relevant service provider—the adult stops receiving disability services from the provider.\nThe relevant service provider must notify the tribunal in writing if an event mentioned in subsection (1) (a) or (b) happens.\ns 80Z ins 2008 No. 23 s 22\n(sec.80Z-ssec.1) A containment or seclusion approval ends if— the adult dies; or for a relevant service provider—the adult stops receiving disability services from the provider.\n(sec.80Z-ssec.2) The relevant service provider must notify the tribunal in writing if an event mentioned in subsection (1) (a) or (b) happens.\n- (a) the adult dies; or\n- (b) for a relevant service provider—the adult stops receiving disability services from the provider.","sortOrder":141},{"sectionNumber":"ch.5B-pt.2-div.3","sectionType":"division","heading":"Reviewing a containment or seclusion approval","content":"## Reviewing a containment or seclusion approval","sortOrder":142},{"sectionNumber":"sec.80ZA","sectionType":"section","heading":"When containment or seclusion approval may be reviewed","content":"### sec.80ZA When containment or seclusion approval may be reviewed\n\nThe tribunal may review a containment or seclusion approval at any time—\non its own initiative; or\non the application of any of the following—\nthe adult;\nan interested person for the adult;\na relevant service provider to which the approval applies;\nthe chief executive (disability services);\nthe public guardian;\nif the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\nif the adult is a forensic disability client—the director of forensic disability.\ns 80ZA ins 2008 No. 23 s 22\namd 2011 No. 13 s 195 ; 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4\n- (a) on its own initiative; or\n- (b) on the application of any of the following— (i) the adult; (ii) an interested person for the adult; (iii) a relevant service provider to which the approval applies; (iv) the chief executive (disability services); (v) the public guardian; (vi) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; (vii) if the adult is a forensic disability client—the director of forensic disability.\n- (i) the adult;\n- (ii) an interested person for the adult;\n- (iii) a relevant service provider to which the approval applies;\n- (iv) the chief executive (disability services);\n- (v) the public guardian;\n- (vi) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\n- (vii) if the adult is a forensic disability client—the director of forensic disability.\n- (i) the adult;\n- (ii) an interested person for the adult;\n- (iii) a relevant service provider to which the approval applies;\n- (iv) the chief executive (disability services);\n- (v) the public guardian;\n- (vi) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\n- (vii) if the adult is a forensic disability client—the director of forensic disability.","sortOrder":143},{"sectionNumber":"sec.80ZB","sectionType":"section","heading":"Review process","content":"### sec.80ZB Review process\n\nThe tribunal may conduct a review of a containment or seclusion approval in the way it considers appropriate.\nAt the end of the review, the tribunal must revoke the containment or seclusion approval unless it is satisfied it would give the containment or seclusion approval if a new application for the approval were made.\nIf the tribunal is satisfied it would give the containment or seclusion approval if a new application for the approval were made, it may—\ncontinue its order giving the containment or seclusion approval; or\nchange its order giving the containment or seclusion approval; or\nmake an order giving a new containment or seclusion approval.\ns 80ZB ins 2008 No. 23 s 22\n(sec.80ZB-ssec.1) The tribunal may conduct a review of a containment or seclusion approval in the way it considers appropriate.\n(sec.80ZB-ssec.2) At the end of the review, the tribunal must revoke the containment or seclusion approval unless it is satisfied it would give the containment or seclusion approval if a new application for the approval were made.\n(sec.80ZB-ssec.3) If the tribunal is satisfied it would give the containment or seclusion approval if a new application for the approval were made, it may— continue its order giving the containment or seclusion approval; or change its order giving the containment or seclusion approval; or make an order giving a new containment or seclusion approval.\n- (a) continue its order giving the containment or seclusion approval; or\n- (b) change its order giving the containment or seclusion approval; or\n- (c) make an order giving a new containment or seclusion approval.","sortOrder":144},{"sectionNumber":"ch.5B-pt.3","sectionType":"part","heading":"Guardians for a restrictive practice matter","content":"# Guardians for a restrictive practice matter","sortOrder":145},{"sectionNumber":"sec.80ZC","sectionType":"section","heading":"Application of pt 3","content":"### sec.80ZC Application of pt 3\n\nThis part does not apply if a containment or seclusion approval is in effect in relation to an adult.\ns 80ZC ins 2008 No. 23 s 22","sortOrder":146},{"sectionNumber":"sec.80ZD","sectionType":"section","heading":"Appointment","content":"### sec.80ZD Appointment\n\nThe tribunal may, by order, appoint a guardian for a restrictive practice matter for an adult if the tribunal is satisfied—\nthe adult has impaired capacity for the matter; and\nthe adult’s behaviour has previously resulted in harm to the adult or others; and\nthere is a need for a decision about the matter; and\nwithout the appointment—\nthe adult’s behaviour is likely to cause harm to the adult or others; and\nthe adult’s interests will not be adequately protected.\nThe appointment may be on terms considered appropriate by the tribunal.\nThe appointment has effect for the period stated in the order.\nThe period for which the appointment has effect must not be more than 2 years from the day the order is made.\nSubsections (3) and (4) apply subject to sections 26 and 31 .\nThe tribunal may make the appointment on its own initiative, or on an application under section 80ZP .\nThis section does not limit the application of chapter 3 to the appointment.\ns 80ZD ins 2008 No. 23 s 22\namd 2014 No. 5 s 43\n(sec.80ZD-ssec.1) The tribunal may, by order, appoint a guardian for a restrictive practice matter for an adult if the tribunal is satisfied— the adult has impaired capacity for the matter; and the adult’s behaviour has previously resulted in harm to the adult or others; and there is a need for a decision about the matter; and without the appointment— the adult’s behaviour is likely to cause harm to the adult or others; and the adult’s interests will not be adequately protected.\n(sec.80ZD-ssec.2) The appointment may be on terms considered appropriate by the tribunal.\n(sec.80ZD-ssec.3) The appointment has effect for the period stated in the order.\n(sec.80ZD-ssec.4) The period for which the appointment has effect must not be more than 2 years from the day the order is made.\n(sec.80ZD-ssec.5) Subsections (3) and (4) apply subject to sections 26 and 31 .\n(sec.80ZD-ssec.6) The tribunal may make the appointment on its own initiative, or on an application under section 80ZP .\n(sec.80ZD-ssec.7) This section does not limit the application of chapter 3 to the appointment.\n- (a) the adult has impaired capacity for the matter; and\n- (b) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (c) there is a need for a decision about the matter; and\n- (d) without the appointment— (i) the adult’s behaviour is likely to cause harm to the adult or others; and (ii) the adult’s interests will not be adequately protected.\n- (i) the adult’s behaviour is likely to cause harm to the adult or others; and\n- (ii) the adult’s interests will not be adequately protected.\n- (i) the adult’s behaviour is likely to cause harm to the adult or others; and\n- (ii) the adult’s interests will not be adequately protected.","sortOrder":147},{"sectionNumber":"sec.80ZE","sectionType":"section","heading":"Requirements for giving consent — guardian for restrictive practice (general) matter","content":"### sec.80ZE Requirements for giving consent — guardian for restrictive practice (general) matter\n\nThe purpose of this section is to state requirements for a guardian for a restrictive practice (general) matter about consenting to the use of a restrictive practice in relation to the adult by a relevant service provider.\nThe guardian may consent to use of the restrictive practice by the relevant service provider in compliance with a positive behaviour support plan for the adult.\nThe consent may be given subject to conditions.\nThe guardian may give the consent only if satisfied—\nthe adult’s behaviour has previously resulted in harm to the adult or others; and\nthere is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\nusing the restrictive practice in compliance with the positive behaviour support plan mentioned in subsection (2) is the least restrictive way of ensuring the safety of the adult or others; and\nthe adult has been adequately assessed for developing or changing the positive behaviour support plan; and\nuse of the restrictive practice is supported by the recommendations of the person who assessed the adult; and\nif the restrictive practice is chemical restraint—in developing the positive behaviour support plan, the relevant service provider consulted the adult’s treating doctor; and\nif the positive behaviour support plan is implemented—\nthe risk of the adult’s behaviour causing harm will be reduced or eliminated; and\nthe adult’s quality of life will be improved in the long term; and\nthe observations and monitoring provided for under the positive behaviour support plan are appropriate.\nIn deciding whether to give the consent, the guardian must consider the following—\nif the guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —\nthe terms of the order or authority; and\nthe views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice;\nif the guardian is aware the adult is a forensic disability client—\nthe terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and\nthe views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice;\nany information available to the guardian about strategies, including restrictive practices, previously used to manage the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies;\nthe type of disability services provided to the adult;\nthe suitability of the environment in which the restrictive practice is to be used;\nif the restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint.\nAlso, in deciding whether to give the consent, the guardian may consider the following—\nthe findings, theories and recommendations of each person who assessed the adult;\nif there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult;\nthe views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of the restrictive practice;\nthe way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan.\ns 80ZE ins 2008 No. 23 s 22\namd 2011 No. 13 s 196 ; 2012 No. 37 s 51 sch ; 2014 No. 5 s 44 ; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1\n(sec.80ZE-ssec.1) The purpose of this section is to state requirements for a guardian for a restrictive practice (general) matter about consenting to the use of a restrictive practice in relation to the adult by a relevant service provider.\n(sec.80ZE-ssec.2) The guardian may consent to use of the restrictive practice by the relevant service provider in compliance with a positive behaviour support plan for the adult.\n(sec.80ZE-ssec.3) The consent may be given subject to conditions.\n(sec.80ZE-ssec.4) The guardian may give the consent only if satisfied— the adult’s behaviour has previously resulted in harm to the adult or others; and there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and using the restrictive practice in compliance with the positive behaviour support plan mentioned in subsection (2) is the least restrictive way of ensuring the safety of the adult or others; and the adult has been adequately assessed for developing or changing the positive behaviour support plan; and use of the restrictive practice is supported by the recommendations of the person who assessed the adult; and if the restrictive practice is chemical restraint—in developing the positive behaviour support plan, the relevant service provider consulted the adult’s treating doctor; and if the positive behaviour support plan is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term; and the observations and monitoring provided for under the positive behaviour support plan are appropriate.\n(sec.80ZE-ssec.5) In deciding whether to give the consent, the guardian must consider the following— if the guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 — the terms of the order or authority; and the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice; if the guardian is aware the adult is a forensic disability client— the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice; any information available to the guardian about strategies, including restrictive practices, previously used to manage the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies; the type of disability services provided to the adult; the suitability of the environment in which the restrictive practice is to be used; if the restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint.\n(sec.80ZE-ssec.6) Also, in deciding whether to give the consent, the guardian may consider the following— the findings, theories and recommendations of each person who assessed the adult; if there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult; the views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of the restrictive practice; the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan.\n- (a) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (b) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (c) using the restrictive practice in compliance with the positive behaviour support plan mentioned in subsection (2) is the least restrictive way of ensuring the safety of the adult or others; and\n- (d) the adult has been adequately assessed for developing or changing the positive behaviour support plan; and\n- (e) use of the restrictive practice is supported by the recommendations of the person who assessed the adult; and\n- (f) if the restrictive practice is chemical restraint—in developing the positive behaviour support plan, the relevant service provider consulted the adult’s treating doctor; and\n- (g) if the positive behaviour support plan is implemented— (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (ii) the adult’s quality of life will be improved in the long term; and\n- (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (ii) the adult’s quality of life will be improved in the long term; and\n- (h) the observations and monitoring provided for under the positive behaviour support plan are appropriate.\n- (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (ii) the adult’s quality of life will be improved in the long term; and\n- (a) if the guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 — (i) the terms of the order or authority; and (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice;\n- (i) the terms of the order or authority; and\n- (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice;\n- (b) if the guardian is aware the adult is a forensic disability client— (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice;\n- (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and\n- (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice;\n- (c) any information available to the guardian about strategies, including restrictive practices, previously used to manage the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies;\n- (d) the type of disability services provided to the adult;\n- (e) the suitability of the environment in which the restrictive practice is to be used;\n- (f) if the restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint.\n- (i) the terms of the order or authority; and\n- (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice;\n- (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and\n- (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice;\n- (a) the findings, theories and recommendations of each person who assessed the adult;\n- (b) if there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult;\n- (c) the views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of the restrictive practice;\n- (d) the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan.","sortOrder":148},{"sectionNumber":"sec.80ZF","sectionType":"section","heading":"Requirements for giving consent — guardian for restrictive practice (respite) matter","content":"### sec.80ZF Requirements for giving consent — guardian for restrictive practice (respite) matter\n\nThe purpose of this section is to state requirements for a guardian for a restrictive practice (respite) matter about consenting to the use of a restrictive practice in relation to the adult by a relevant service provider.\nThe guardian may consent to use of the restrictive practice by the relevant service provider in compliance with a respite/community access plan for the adult.\nThe consent may be given subject to conditions.\nThe guardian may give the consent only if satisfied—\nthere is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\nthe relevant service provider has complied with the Disability Services Act 2006 , part 6 , division 5 ; and\nif the respite/community access plan is implemented—\nthe risk of the adult’s behaviour causing harm will be reduced or eliminated; and\nthe adult’s quality of life will be improved in the long term; and\nthe observations and monitoring provided for under the respite/community access plan are appropriate.\nFor giving consent to the use of chemical restraint (fixed dose)—\nsubsections (2) and (4) do not apply; and\nthe guardian may give the consent only if satisfied there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others.\ns 80ZF ins 2008 No. 23 s 22\namd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\n(sec.80ZF-ssec.1) The purpose of this section is to state requirements for a guardian for a restrictive practice (respite) matter about consenting to the use of a restrictive practice in relation to the adult by a relevant service provider.\n(sec.80ZF-ssec.2) The guardian may consent to use of the restrictive practice by the relevant service provider in compliance with a respite/community access plan for the adult.\n(sec.80ZF-ssec.3) The consent may be given subject to conditions.\n(sec.80ZF-ssec.4) The guardian may give the consent only if satisfied— there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and the relevant service provider has complied with the Disability Services Act 2006 , part 6 , division 5 ; and if the respite/community access plan is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term; and the observations and monitoring provided for under the respite/community access plan are appropriate.\n(sec.80ZF-ssec.5) For giving consent to the use of chemical restraint (fixed dose)— subsections (2) and (4) do not apply; and the guardian may give the consent only if satisfied there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others.\n- (a) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (b) the relevant service provider has complied with the Disability Services Act 2006 , part 6 , division 5 ; and\n- (c) if the respite/community access plan is implemented— (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (ii) the adult’s quality of life will be improved in the long term; and\n- (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (ii) the adult’s quality of life will be improved in the long term; and\n- (d) the observations and monitoring provided for under the respite/community access plan are appropriate.\n- (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (ii) the adult’s quality of life will be improved in the long term; and\n- (a) subsections (2) and (4) do not apply; and\n- (b) the guardian may give the consent only if satisfied there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others.","sortOrder":149},{"sectionNumber":"ch.5B-pt.4","sectionType":"part","heading":"Short-term approval of public guardian for use of particular restrictive practices","content":"# Short-term approval of public guardian for use of particular restrictive practices","sortOrder":150},{"sectionNumber":"sec.80ZG","sectionType":"section","heading":null,"content":"### Section sec.80ZG\n\ns 80ZG ins 2008 No. 23 s 22\nom 2014 No. 5 s 45","sortOrder":151},{"sectionNumber":"sec.80ZH","sectionType":"section","heading":"When public guardian may give short-term approval for use of containment or seclusion","content":"### sec.80ZH When public guardian may give short-term approval for use of containment or seclusion\n\nThis section does not apply for an adult if—\nthere is a containment or seclusion approval in relation to the adult; or\nboth of the following apply—\nthere is a guardian for a restrictive practice (respite) matter for the adult;\na relevant service provider proposes to contain or seclude the adult in the course of providing respite services or community access services to the adult.\nThe public guardian may give approval for a relevant service provider to contain or seclude the adult if satisfied—\nthe adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and\nthe adult’s behaviour has previously resulted in harm to the adult or others; and\nthere is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and\nusing the restrictive practice is the least restrictive way of ensuring the safety of the adult or others.\nIn deciding whether to give the approval, the public guardian must, unless it is not practicable in the circumstances, consult with and consider the views of the following persons about the use of the restrictive practice—\nthe adult;\na guardian or informal decision-maker for the adult;\nif the public guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act;\nif the public guardian is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\nIf the public guardian has previously given an approval under this section in relation to the adult, the public guardian may give the approval only if satisfied exceptional circumstances justify giving a subsequent approval under this section.\nThe public guardian may give the approval subject to the conditions the public guardian considers appropriate.\nAn approval given under this section may not have effect for more than 6 months.\nThe relevant service provider or a person consulted under subsection (2) may apply to the tribunal in relation to a decision of the public guardian to give, or refuse to give, the approval, and the tribunal may make the order it considers appropriate.\ns 80ZH ins 2008 No. 23 s 22\namd 2010 No. 5 s 214 ; 2011 No. 13 s 197 ; 2014 No. 5 s 46 (amd 2014 No. 26 s 227 ); 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4\n(sec.80ZH-ssec.1) This section does not apply for an adult if— there is a containment or seclusion approval in relation to the adult; or both of the following apply— there is a guardian for a restrictive practice (respite) matter for the adult; a relevant service provider proposes to contain or seclude the adult in the course of providing respite services or community access services to the adult.\n(sec.80ZH-ssec.2) The public guardian may give approval for a relevant service provider to contain or seclude the adult if satisfied— the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and the adult’s behaviour has previously resulted in harm to the adult or others; and there is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and using the restrictive practice is the least restrictive way of ensuring the safety of the adult or others.\n(sec.80ZH-ssec.3) In deciding whether to give the approval, the public guardian must, unless it is not practicable in the circumstances, consult with and consider the views of the following persons about the use of the restrictive practice— the adult; a guardian or informal decision-maker for the adult; if the public guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act; if the public guardian is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .\n(sec.80ZH-ssec.4) If the public guardian has previously given an approval under this section in relation to the adult, the public guardian may give the approval only if satisfied exceptional circumstances justify giving a subsequent approval under this section.\n(sec.80ZH-ssec.5) The public guardian may give the approval subject to the conditions the public guardian considers appropriate.\n(sec.80ZH-ssec.6) An approval given under this section may not have effect for more than 6 months.\n(sec.80ZH-ssec.7) The relevant service provider or a person consulted under subsection (2) may apply to the tribunal in relation to a decision of the public guardian to give, or refuse to give, the approval, and the tribunal may make the order it considers appropriate.\n- (a) there is a containment or seclusion approval in relation to the adult; or\n- (b) both of the following apply— (i) there is a guardian for a restrictive practice (respite) matter for the adult; (ii) a relevant service provider proposes to contain or seclude the adult in the course of providing respite services or community access services to the adult.\n- (i) there is a guardian for a restrictive practice (respite) matter for the adult;\n- (ii) a relevant service provider proposes to contain or seclude the adult in the course of providing respite services or community access services to the adult.\n- (i) there is a guardian for a restrictive practice (respite) matter for the adult;\n- (ii) a relevant service provider proposes to contain or seclude the adult in the course of providing respite services or community access services to the adult.\n- (a) the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and\n- (b) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (c) there is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (d) using the restrictive practice is the least restrictive way of ensuring the safety of the adult or others.\n- (a) the adult;\n- (b) a guardian or informal decision-maker for the adult;\n- (c) if the public guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act;\n- (d) if the public guardian is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 .","sortOrder":152},{"sectionNumber":"sec.80ZI","sectionType":"section","heading":"When public guardian may give short-term approval for use of containment or seclusion—new relevant service provider","content":"### sec.80ZI When public guardian may give short-term approval for use of containment or seclusion—new relevant service provider\n\nThis section applies for an adult in relation to a relevant service provider if the relevant service provider is not providing, and proposes to provide, disability services to the adult.\nThe public guardian may give approval for the relevant service provider to contain or seclude the adult if the public guardian is satisfied of the matters in section 80ZH (2) (a) to (d) .\nSection 80ZH (3) to (7) applies in relation to the approval.\ns 80ZI ins 2008 No. 23 s 22\nsub 2014 No. 5 s 47 (amd 2014 No. 26 s 228 )\namd 2014 No. 26 s 240 (1) (amdt could not be given effect)\n(sec.80ZI-ssec.1) This section applies for an adult in relation to a relevant service provider if the relevant service provider is not providing, and proposes to provide, disability services to the adult.\n(sec.80ZI-ssec.2) The public guardian may give approval for the relevant service provider to contain or seclude the adult if the public guardian is satisfied of the matters in section 80ZH (2) (a) to (d) .\n(sec.80ZI-ssec.3) Section 80ZH (3) to (7) applies in relation to the approval.","sortOrder":153},{"sectionNumber":"sec.80ZJ","sectionType":"section","heading":null,"content":"### Section sec.80ZJ\n\ns 80ZJ ins 2008 No. 23 s 22\nom 2014 No. 5 s 47\namd 2014 No. 26 ss 240 , 241 (amdts could not be given effect)","sortOrder":154},{"sectionNumber":"sec.80ZK","sectionType":"section","heading":"When public guardian may give short-term approval for use of other restrictive practices","content":"### sec.80ZK When public guardian may give short-term approval for use of other restrictive practices\n\nWhile an approval given under section 80ZH or 80ZI is in effect, the public guardian may give approval for a relevant service provider to use another restrictive practice in relation to the adult if satisfied of the matters stated in section 80ZH (2) (a) to (d) for the restrictive practice.\nAlso, if the restrictive practice is chemical restraint, the public guardian must be satisfied the relevant service provider has consulted with, and considered the views of, the adult’s treating doctor.\nThe public guardian may not give approval under this section for use of a restrictive practice if a guardian for a restrictive practice (general) matter for the adult has given, or refused to give, consent to the use of the restrictive practice for the adult.\nAn approval given under this section ends—\nif a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; or\notherwise—on the day the approval given under section 80ZH or 80ZI ends.\ns 80ZK ins 2008 No. 23 s 22\namd 2010 No. 42 s 73 ; 2014 No. 5 s 48 (amd 2014 No. 26 s 229 ); 2014 No. 26 s 240 (1)\n(sec.80ZK-ssec.1) While an approval given under section 80ZH or 80ZI is in effect, the public guardian may give approval for a relevant service provider to use another restrictive practice in relation to the adult if satisfied of the matters stated in section 80ZH (2) (a) to (d) for the restrictive practice.\n(sec.80ZK-ssec.2) Also, if the restrictive practice is chemical restraint, the public guardian must be satisfied the relevant service provider has consulted with, and considered the views of, the adult’s treating doctor.\n(sec.80ZK-ssec.3) The public guardian may not give approval under this section for use of a restrictive practice if a guardian for a restrictive practice (general) matter for the adult has given, or refused to give, consent to the use of the restrictive practice for the adult.\n(sec.80ZK-ssec.4) An approval given under this section ends— if a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; or otherwise—on the day the approval given under section 80ZH or 80ZI ends.\n- (a) if a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; or\n- (b) otherwise—on the day the approval given under section 80ZH or 80ZI ends.","sortOrder":155},{"sectionNumber":"sec.80ZL","sectionType":"section","heading":"Right of public guardian to information for making decision","content":"### sec.80ZL Right of public guardian to information for making decision\n\nThis section applies to the public guardian for deciding whether to give approval under this part for a relevant service provider to use a restrictive practice in relation to an adult.\nThe public guardian has a right to all the information that—\nthe adult would have been entitled to if the adult had capacity; and\nis necessary for the public guardian to make an informed decision.\nAt the public guardian’s request, a person who has custody or control of the information must give the information to the public guardian, unless the person has a reasonable excuse.\nIf a person who has custody or control of the information does not comply with a request by the public guardian to give information, the tribunal may, on application by the public guardian, order the person to give the information to the public guardian.\nIf the tribunal orders a person to give information to the public guardian, the person must comply with the order, unless the person has a reasonable excuse.\nIt is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person.\nSubject to subsection (6) , this section overrides—\nany restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\nany claim of confidentiality or privilege, including a claim based on legal professional privilege.\ns 80ZL ins 2008 No. 23 s 22\namd 2014 No. 26 s 240\n(sec.80ZL-ssec.1) This section applies to the public guardian for deciding whether to give approval under this part for a relevant service provider to use a restrictive practice in relation to an adult.\n(sec.80ZL-ssec.2) The public guardian has a right to all the information that— the adult would have been entitled to if the adult had capacity; and is necessary for the public guardian to make an informed decision.\n(sec.80ZL-ssec.3) At the public guardian’s request, a person who has custody or control of the information must give the information to the public guardian, unless the person has a reasonable excuse.\n(sec.80ZL-ssec.4) If a person who has custody or control of the information does not comply with a request by the public guardian to give information, the tribunal may, on application by the public guardian, order the person to give the information to the public guardian.\n(sec.80ZL-ssec.5) If the tribunal orders a person to give information to the public guardian, the person must comply with the order, unless the person has a reasonable excuse.\n(sec.80ZL-ssec.6) It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person.\n(sec.80ZL-ssec.7) Subject to subsection (6) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege.\n- (a) the adult would have been entitled to if the adult had capacity; and\n- (b) is necessary for the public guardian to make an informed decision.\n- (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\n- (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege.","sortOrder":156},{"sectionNumber":"sec.80ZM","sectionType":"section","heading":"Requirement for public guardian to give notice of decision","content":"### sec.80ZM Requirement for public guardian to give notice of decision\n\nAs soon as practicable after the public guardian decides to give, or refuse to give, an approval under this part, the public guardian must give written notice of the decision to the following—\nthe relevant service provider;\nthe adult;\nthe tribunal;\nthe chief executive (disability services);\na guardian for a restrictive practice (general) matter for the adult;\nany other person consulted by the public guardian under section 80ZH (3) .\nThe notice must state the following—\nthe name of the adult;\nthe name of the relevant service provider;\nthe public guardian’s decision, including, if the decision is to give the approval, the terms of the approval;\nthe reasons for the public guardian’s decision.\ns 80ZM ins 2008 No. 23 s 22\namd 2014 No. 5 s 49 (amd 2014 No. 26 s 230 ); 2014 No. 26 s 240\n(sec.80ZM-ssec.1) As soon as practicable after the public guardian decides to give, or refuse to give, an approval under this part, the public guardian must give written notice of the decision to the following— the relevant service provider; the adult; the tribunal; the chief executive (disability services); a guardian for a restrictive practice (general) matter for the adult; any other person consulted by the public guardian under section 80ZH (3) .\n(sec.80ZM-ssec.2) The notice must state the following— the name of the adult; the name of the relevant service provider; the public guardian’s decision, including, if the decision is to give the approval, the terms of the approval; the reasons for the public guardian’s decision.\n- (a) the relevant service provider;\n- (b) the adult;\n- (c) the tribunal;\n- (d) the chief executive (disability services);\n- (e) a guardian for a restrictive practice (general) matter for the adult;\n- (f) any other person consulted by the public guardian under section 80ZH (3) .\n- (a) the name of the adult;\n- (b) the name of the relevant service provider;\n- (c) the public guardian’s decision, including, if the decision is to give the approval, the terms of the approval;\n- (d) the reasons for the public guardian’s decision.","sortOrder":157},{"sectionNumber":"ch.5B-pt.5","sectionType":"part","heading":"Tribunal proceedings","content":"# Tribunal proceedings","sortOrder":158},{"sectionNumber":"ch.5B-pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":159},{"sectionNumber":"sec.80ZN","sectionType":"section","heading":"Relationship with ch 7","content":"### sec.80ZN Relationship with ch 7\n\nThe following provisions of chapter 7 apply for a proceeding under this chapter—\npart 1\npart 2 (other than section 119 )\npart 3\npart 4 (other than section 129 )\nsections 154 and 155\nparts 6 and 8 .\nThe remaining provisions of chapter 7 do not apply for a proceeding under this chapter.\nThis part contains additional provisions that apply for a proceeding under this chapter.\ns 80ZN ins 2008 No. 23 s 22\namd 2009 No. 24 s 1444\n(sec.80ZN-ssec.1) The following provisions of chapter 7 apply for a proceeding under this chapter— part 1 part 2 (other than section 119 ) part 3 part 4 (other than section 129 ) sections 154 and 155 parts 6 and 8 .\n(sec.80ZN-ssec.2) The remaining provisions of chapter 7 do not apply for a proceeding under this chapter.\n(sec.80ZN-ssec.3) This part contains additional provisions that apply for a proceeding under this chapter.\n- • part 1\n- • part 2 (other than section 119 )\n- • part 3\n- • part 4 (other than section 129 )\n- • sections 154 and 155\n- • parts 6 and 8 .","sortOrder":160},{"sectionNumber":"ch.5B-pt.5-div.2","sectionType":"division","heading":"Applications","content":"## Applications","sortOrder":161},{"sectionNumber":"sec.80ZO","sectionType":"section","heading":"Who may apply for a containment or seclusion approval","content":"### sec.80ZO Who may apply for a containment or seclusion approval\n\nAn application for a containment or seclusion approval may be made—\nif the department responsible for administering the Disability Services Act 2006 is not the relevant service provider to which the application relates—jointly by the chief executive (disability services) and the relevant service provider; or\notherwise—by the chief executive (disability services).\ns 80ZO ins 2008 No. 23 s 22\namd 2020 No. 39 s 70 sch 1\n- (a) if the department responsible for administering the Disability Services Act 2006 is not the relevant service provider to which the application relates—jointly by the chief executive (disability services) and the relevant service provider; or\n- (b) otherwise—by the chief executive (disability services).","sortOrder":162},{"sectionNumber":"sec.80ZP","sectionType":"section","heading":"Who may apply for appointment of guardian for restrictive practice matter","content":"### sec.80ZP Who may apply for appointment of guardian for restrictive practice matter\n\nAn application for appointment of a guardian for a restrictive practice matter may be made by any of the following—\nan adult;\nan interested person for an adult;\na relevant service provider providing disability services to an adult;\nthe chief executive (disability services);\nthe public guardian;\nif the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\nif the adult is a forensic disability client—the director of forensic disability.\ns 80ZP ins 2008 No. 23 s 22\namd 2011 No. 13 s 198 ; 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4\n- (a) an adult;\n- (b) an interested person for an adult;\n- (c) a relevant service provider providing disability services to an adult;\n- (d) the chief executive (disability services);\n- (e) the public guardian;\n- (f) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\n- (g) if the adult is a forensic disability client—the director of forensic disability.","sortOrder":163},{"sectionNumber":"ch.5B-pt.5-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":164},{"sectionNumber":"sec.80ZQ","sectionType":"section","heading":"Who is an active party","content":"### sec.80ZQ Who is an active party\n\nEach of the following is an active party for a proceeding under this chapter—\nthe chief executive (disability services);\nthe applicant;\nthe adult concerned in the proceeding;\nany current guardian or administrator for the adult;\nif the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\nif the adult is a forensic disability client—the director of forensic disability;\na relevant service provider providing disability services to the adult;\nthe public guardian;\na person joined as a party to the proceeding by the tribunal.\na member of the adult’s family\ns 80ZQ ins 2008 No. 23 s 22\namd 2011 No. 13 s 199 ; 2012 No. 37 s 51 sch ; 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1\n- (a) the chief executive (disability services);\n- (b) the applicant;\n- (c) the adult concerned in the proceeding;\n- (d) any current guardian or administrator for the adult;\n- (e) if the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist;\n- (f) if the adult is a forensic disability client—the director of forensic disability;\n- (g) a relevant service provider providing disability services to the adult;\n- (h) the public guardian;\n- (i) a person joined as a party to the proceeding by the tribunal. Example of a person who might be joined as a party— a member of the adult’s family","sortOrder":165},{"sectionNumber":"sec.80ZR","sectionType":"section","heading":"Interim orders","content":"### sec.80ZR Interim orders\n\nThis section applies for a proceeding under this chapter if the tribunal is satisfied, on reasonable grounds—\nthere is an immediate risk of harm to the adult concerned in the proceeding or others; and\nusing a restrictive practice is the least restrictive way of ensuring the safety of the adult or others.\nThe tribunal may make an interim order in the proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act, including section 118 .\nThe interim order has effect for the period stated in the order.\nThe period stated in the order must not be more than 3 months.\nIn this section—\ntribunal means the tribunal constituted by the president, a deputy president or a legal member.\ns 80ZR ins 2008 No. 23 s 22\n(sec.80ZR-ssec.1) This section applies for a proceeding under this chapter if the tribunal is satisfied, on reasonable grounds— there is an immediate risk of harm to the adult concerned in the proceeding or others; and using a restrictive practice is the least restrictive way of ensuring the safety of the adult or others.\n(sec.80ZR-ssec.2) The tribunal may make an interim order in the proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act, including section 118 .\n(sec.80ZR-ssec.3) The interim order has effect for the period stated in the order.\n(sec.80ZR-ssec.4) The period stated in the order must not be more than 3 months.\n(sec.80ZR-ssec.5) In this section— tribunal means the tribunal constituted by the president, a deputy president or a legal member.\n- (a) there is an immediate risk of harm to the adult concerned in the proceeding or others; and\n- (b) using a restrictive practice is the least restrictive way of ensuring the safety of the adult or others.","sortOrder":166},{"sectionNumber":"ch.5B-pt.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":167},{"sectionNumber":"sec.80ZS","sectionType":"section","heading":"Requirements for informal decision-makers—consenting to use of restrictive practices","content":"### sec.80ZS Requirements for informal decision-makers—consenting to use of restrictive practices\n\nThis section applies to an informal decision-maker for deciding whether to consent to—\na relevant service provider restricting access of an adult other than in the course of providing respite services or community access services to the adult; or\nthe use of a restrictive practice in relation to an adult by a relevant service provider in the course of providing respite services or community access services to the adult.\nFor giving consent to use of a restrictive practice mentioned in subsection (1) (a) , the informal decision-maker must—\napply the general principles; and\nbe satisfied—\nthe adult’s behaviour has previously resulted in harm to the adult or others; and\nthere is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\nusing the restrictive practice in compliance with the positive behaviour support plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and\nif the positive behaviour support plan for the adult is implemented—\nthe risk of the adult’s behaviour causing harm will be reduced or eliminated; and\nthe adult’s quality of life will be improved in the long term; and\nif the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and\nif the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan.\nFor giving consent to use of a restrictive practice mentioned in subsection (1) (b) , the informal decision-maker must—\napply the general principles; and\nbe satisfied—\nthe adult’s behaviour has previously resulted in harm to the adult or others; and\nthere is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\nusing the restrictive practice in compliance with the respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and\nif the respite/community access plan for the adult is implemented—\nthe risk of the adult’s behaviour causing harm will be reduced or eliminated; and\nthe adult’s quality of life will be improved in the long term.\nHowever, subsection (3) (b) (iii) and (iv) do not apply for giving consent to the use of chemical restraint (fixed dose) in the course of providing respite services to the adult.\nIn this section—\nrestricting access , of an adult, see the Disability Services Act 2006 , section 144 .\ns 80ZS ins 2008 No. 23 s 22\namd 2011 No. 13 s 200 ; 2012 No. 37 s 51 sch ; amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2016 No. 5 s 923 sch 4 ; 2020 No. 39 s 70 sch 1\n(sec.80ZS-ssec.1) This section applies to an informal decision-maker for deciding whether to consent to— a relevant service provider restricting access of an adult other than in the course of providing respite services or community access services to the adult; or the use of a restrictive practice in relation to an adult by a relevant service provider in the course of providing respite services or community access services to the adult.\n(sec.80ZS-ssec.2) For giving consent to use of a restrictive practice mentioned in subsection (1) (a) , the informal decision-maker must— apply the general principles; and be satisfied— the adult’s behaviour has previously resulted in harm to the adult or others; and there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and using the restrictive practice in compliance with the positive behaviour support plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and if the positive behaviour support plan for the adult is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term; and if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan.\n(sec.80ZS-ssec.3) For giving consent to use of a restrictive practice mentioned in subsection (1) (b) , the informal decision-maker must— apply the general principles; and be satisfied— the adult’s behaviour has previously resulted in harm to the adult or others; and there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and using the restrictive practice in compliance with the respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and if the respite/community access plan for the adult is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term.\n(sec.80ZS-ssec.4) However, subsection (3) (b) (iii) and (iv) do not apply for giving consent to the use of chemical restraint (fixed dose) in the course of providing respite services to the adult.\n(sec.80ZS-ssec.5) In this section— restricting access , of an adult, see the Disability Services Act 2006 , section 144 .\n- (a) a relevant service provider restricting access of an adult other than in the course of providing respite services or community access services to the adult; or\n- (b) the use of a restrictive practice in relation to an adult by a relevant service provider in the course of providing respite services or community access services to the adult.\n- (a) apply the general principles; and\n- (b) be satisfied— (i) the adult’s behaviour has previously resulted in harm to the adult or others; and (ii) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and (iii) using the restrictive practice in compliance with the positive behaviour support plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and (iv) if the positive behaviour support plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term; and (v) if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and (vi) if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan.\n- (i) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (ii) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (iii) using the restrictive practice in compliance with the positive behaviour support plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and\n- (iv) if the positive behaviour support plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term; and\n- (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (B) the adult’s quality of life will be improved in the long term; and\n- (v) if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and\n- (vi) if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan.\n- (i) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (ii) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (iii) using the restrictive practice in compliance with the positive behaviour support plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and\n- (iv) if the positive behaviour support plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term; and\n- (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (B) the adult’s quality of life will be improved in the long term; and\n- (v) if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and\n- (vi) if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan.\n- (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (B) the adult’s quality of life will be improved in the long term; and\n- (a) apply the general principles; and\n- (b) be satisfied— (i) the adult’s behaviour has previously resulted in harm to the adult or others; and (ii) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and (iii) using the restrictive practice in compliance with the respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and (iv) if the respite/community access plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term.\n- (i) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (ii) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (iii) using the restrictive practice in compliance with the respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and\n- (iv) if the respite/community access plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term.\n- (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (B) the adult’s quality of life will be improved in the long term.\n- (i) the adult’s behaviour has previously resulted in harm to the adult or others; and\n- (ii) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and\n- (iii) using the restrictive practice in compliance with the respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and\n- (iv) if the respite/community access plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term.\n- (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (B) the adult’s quality of life will be improved in the long term.\n- (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and\n- (B) the adult’s quality of life will be improved in the long term.","sortOrder":168},{"sectionNumber":"sec.80ZT","sectionType":"section","heading":"Informal decision-makers must maintain confidentiality","content":"### sec.80ZT Informal decision-makers must maintain confidentiality\n\nThis section applies if an informal decision-maker gains confidential information under the Disability Services Act 2006 , part 6 about an adult with an intellectual or cognitive disability.\nA guardian who gains confidential information is subject to confidentiality requirements under section 249 .\nThe informal decision-maker must not disclose the information to anyone other than under subsection (3) .\nThe informal decision-maker may disclose the information to someone else—\nfor this Act or the Disability Services Act 2006 ; or\nto discharge a function under another law; or\nfor a proceeding in a court or tribunal; or\nif authorised under another law or a regulation made under this Act; or\nif authorised in writing by the adult to whom the information relates; or\nto protect a person with a disability, within the meaning of the Disability Services Act 2006 , section 11 , from abuse, neglect or exploitation.\nIn this section—\nconfidential information includes information about a person’s affairs but does not include—\ninformation already publicly disclosed unless further disclosure of the information is prohibited by law; or\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\ns 80ZT ins 2008 No. 23 s 22\namd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1\n(sec.80ZT-ssec.1) This section applies if an informal decision-maker gains confidential information under the Disability Services Act 2006 , part 6 about an adult with an intellectual or cognitive disability. A guardian who gains confidential information is subject to confidentiality requirements under section 249 .\n(sec.80ZT-ssec.2) The informal decision-maker must not disclose the information to anyone other than under subsection (3) .\n(sec.80ZT-ssec.3) The informal decision-maker may disclose the information to someone else— for this Act or the Disability Services Act 2006 ; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if authorised in writing by the adult to whom the information relates; or to protect a person with a disability, within the meaning of the Disability Services Act 2006 , section 11 , from abuse, neglect or exploitation.\n(sec.80ZT-ssec.4) In this section— confidential information includes information about a person’s affairs but does not include— information already publicly disclosed unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (a) for this Act or the Disability Services Act 2006 ; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or tribunal; or\n- (d) if authorised under another law or a regulation made under this Act; or\n- (e) if authorised in writing by the adult to whom the information relates; or\n- (f) to protect a person with a disability, within the meaning of the Disability Services Act 2006 , section 11 , from abuse, neglect or exploitation.\n- (a) information already publicly disclosed unless further disclosure of the information is prohibited by law; or\n- (b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":169},{"sectionNumber":"sec.80ZU","sectionType":"section","heading":"Review of ch 5B","content":"### sec.80ZU Review of ch 5B\n\nThe Disability Services Act 2006 , section 241 provides for the efficacy and efficiency of this chapter to be reviewed by the Minister and the Minister responsible for administering that Act, acting jointly.\nThe review must be conducted when the Disability Services Act 2006 is reviewed under section 240 of that Act.\ns 80ZU ins 2008 No. 23 s 22\namd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1","sortOrder":170},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":171},{"sectionNumber":"sec.99A","sectionType":"section","heading":null,"content":"### Section sec.99A\n\ns 99A ins 2008 No. 54 s 9\nom 2009 No. 24 s 1446","sortOrder":172},{"sectionNumber":"sec.99B","sectionType":"section","heading":null,"content":"### Section sec.99B\n\ns 99B ins 2008 No. 54 s 9\nom 2009 No. 24 s 1446","sortOrder":173},{"sectionNumber":"sec.99","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.99 Definitions for pt 1\n\nIn this part—\ndocument includes a photograph, drawing, model or other object.\nhealth information for a person means—\ninformation about the person’s physical or mental condition; or\ninformation about the person’s health care, including the person’s expressed wishes about the person’s health care; or\ninformation about the person collected to provide, or in providing, health care to the person; or\ninformation about the person collected in relation to the donation, or intended donation, of the person’s body parts, organs or bodily substances; or\ngenetic information about the person in a form that is, or could be, predictive about the health of the person or of a sibling, relative or descendant of the person.\nsignificant health detriment to a person means significant identifiable detriment to any of the following—\nthe person’s physical or mental health or wellbeing;\nthe person’s health care;\nthe person’s relationship with a health provider, including the person’s willingness to fully disclose relevant information to the health provider.\ns 99 sub 2009 No. 24 s 1446\n- (a) information about the person’s physical or mental condition; or\n- (b) information about the person’s health care, including the person’s expressed wishes about the person’s health care; or\n- (c) information about the person collected to provide, or in providing, health care to the person; or\n- (d) information about the person collected in relation to the donation, or intended donation, of the person’s body parts, organs or bodily substances; or\n- (e) genetic information about the person in a form that is, or could be, predictive about the health of the person or of a sibling, relative or descendant of the person.\n- (a) the person’s physical or mental health or wellbeing;\n- (b) the person’s health care;\n- (c) the person’s relationship with a health provider, including the person’s willingness to fully disclose relevant information to the health provider.","sortOrder":174},{"sectionNumber":"sec.100","sectionType":"section","heading":"Types of limitation order","content":"### sec.100 Types of limitation order\n\nA limitation order means an order of the following type—\nan adult evidence order;\na closure order;\na non-publication order;\na confidentiality order.\ns 100 sub 2009 No. 24 s 1446\n- (a) an adult evidence order;\n- (b) a closure order;\n- (c) a non-publication order;\n- (d) a confidentiality order.","sortOrder":175},{"sectionNumber":"sec.101","sectionType":"section","heading":"Relationship with the QCAT Act","content":"### sec.101 Relationship with the QCAT Act\n\nThe following provisions of the QCAT Act do not apply in relation to proceedings under this chapter—\nsection 66 ;\nsection 90 ;\nsection 100 ;\nsection 102 (except to the extent it applies for section 103 of that Act);\nsection 142 (3) (a) (ii) ;\nsection 222 .\nThe QCAT Act , section 99 does not apply in relation to a proceeding under this chapter if the tribunal is considering whether to make an order under section 106 (1) or 107 (1) .\ns 101 sub 2003 No. 87 s 17 ; 2009 No. 24 s 1446\namd 2019 No. 9 s 31\n(sec.101-ssec.1) The following provisions of the QCAT Act do not apply in relation to proceedings under this chapter— section 66 ; section 90 ; section 100 ; section 102 (except to the extent it applies for section 103 of that Act); section 142 (3) (a) (ii) ; section 222 .\n(sec.101-ssec.2) The QCAT Act , section 99 does not apply in relation to a proceeding under this chapter if the tribunal is considering whether to make an order under section 106 (1) or 107 (1) .\n- (a) section 66 ;\n- (b) section 90 ;\n- (c) section 100 ;\n- (d) section 102 (except to the extent it applies for section 103 of that Act);\n- (e) section 142 (3) (a) (ii) ;\n- (f) section 222 .","sortOrder":176},{"sectionNumber":"sec.102","sectionType":"section","heading":"Members constituting tribunal","content":"### sec.102 Members constituting tribunal\n\nAt a hearing, the tribunal must be constituted by 3 members unless the president considers it appropriate for the proceeding to be heard by the tribunal constituted by 2 members or a single member.\ns 102 amd 2003 No. 87 s 18\nsub 2009 No. 24 s 1446","sortOrder":177},{"sectionNumber":"sec.103","sectionType":"section","heading":"Access","content":"### sec.103 Access\n\nEach active party in a proceeding must be given a reasonable opportunity to present the active party’s case and, in particular—\nto access, before the start of a hearing, a document before the tribunal that the tribunal considers is relevant to an issue in the proceeding; and\nto access, during a hearing, a document or other information before the tribunal that the tribunal considers is credible, relevant and significant to an issue in the proceeding; and\nto make submissions about a document or other information accessed under this subsection.\nEach active party in a proceeding, or person the tribunal considers has a sufficient interest in the proceeding, must be given a reasonable opportunity to access, within a reasonable time after a hearing, a document before the tribunal that the tribunal considered credible, relevant and significant to an issue in the proceeding.\nFor subsections (1) and (2) , something is relevant only if it is directly relevant.\nOn request, the tribunal must give access to a document or other information in accordance with this section.\nThe tribunal may displace the right to access a document or other information only by a confidentiality order.\nTo remove any doubt, it is declared that the right to access a document or other information is not affected by an adult evidence order, a closure order or a non-publication order.\ns 103 sub 2009 No. 24 s 1446\n(sec.103-ssec.1) Each active party in a proceeding must be given a reasonable opportunity to present the active party’s case and, in particular— to access, before the start of a hearing, a document before the tribunal that the tribunal considers is relevant to an issue in the proceeding; and to access, during a hearing, a document or other information before the tribunal that the tribunal considers is credible, relevant and significant to an issue in the proceeding; and to make submissions about a document or other information accessed under this subsection.\n(sec.103-ssec.2) Each active party in a proceeding, or person the tribunal considers has a sufficient interest in the proceeding, must be given a reasonable opportunity to access, within a reasonable time after a hearing, a document before the tribunal that the tribunal considered credible, relevant and significant to an issue in the proceeding.\n(sec.103-ssec.3) For subsections (1) and (2) , something is relevant only if it is directly relevant.\n(sec.103-ssec.4) On request, the tribunal must give access to a document or other information in accordance with this section.\n(sec.103-ssec.5) The tribunal may displace the right to access a document or other information only by a confidentiality order.\n(sec.103-ssec.6) To remove any doubt, it is declared that the right to access a document or other information is not affected by an adult evidence order, a closure order or a non-publication order.\n- (a) to access, before the start of a hearing, a document before the tribunal that the tribunal considers is relevant to an issue in the proceeding; and\n- (b) to access, during a hearing, a document or other information before the tribunal that the tribunal considers is credible, relevant and significant to an issue in the proceeding; and\n- (c) to make submissions about a document or other information accessed under this subsection.","sortOrder":178},{"sectionNumber":"sec.104","sectionType":"section","heading":"Basis of consideration for limitation order","content":"### sec.104 Basis of consideration for limitation order\n\nIn considering whether to make a limitation order, the tribunal must take as the basis of its consideration—\nthat each active party in the proceeding is entitled to access a document or other information before the tribunal that is credible, relevant and significant to an issue in the proceeding; and\nthat it is desirable that tribunal hearings be held in public and be able to be publicly reported.\nFor subsection (1) , something is relevant only if it is directly relevant.\ns 104 sub 2009 No. 24 s 1446\n(sec.104-ssec.1) In considering whether to make a limitation order, the tribunal must take as the basis of its consideration— that each active party in the proceeding is entitled to access a document or other information before the tribunal that is credible, relevant and significant to an issue in the proceeding; and that it is desirable that tribunal hearings be held in public and be able to be publicly reported.\n(sec.104-ssec.2) For subsection (1) , something is relevant only if it is directly relevant.\n- (a) that each active party in the proceeding is entitled to access a document or other information before the tribunal that is credible, relevant and significant to an issue in the proceeding; and\n- (b) that it is desirable that tribunal hearings be held in public and be able to be publicly reported.","sortOrder":179},{"sectionNumber":"sec.105","sectionType":"section","heading":"Open","content":"### sec.105 Open\n\nA hearing by the tribunal of a proceeding must be in public.\nHowever, the tribunal may make an adult evidence order or a closure order.\nSee also section 101 .\ns 105 amd 2003 No. 87 s 19\nsub 2009 No. 24 s 1446\n(sec.105-ssec.1) A hearing by the tribunal of a proceeding must be in public.\n(sec.105-ssec.2) However, the tribunal may make an adult evidence order or a closure order. See also section 101 .","sortOrder":180},{"sectionNumber":"sec.105A","sectionType":"section","heading":null,"content":"### Section sec.105A\n\ns 105A ins 2003 No. 87 s 20\nom 2009 No. 24 s 1446","sortOrder":181},{"sectionNumber":"sec.106","sectionType":"section","heading":"Adult evidence order","content":"### sec.106 Adult evidence order\n\nIf the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person or to obtain relevant information the tribunal would not otherwise receive, the tribunal may, by order (an adult evidence order ), obtain relevant information from the adult concerned in the matter at a hearing in the absence of anyone else, including, for example—\nmembers of the public; or\na particular person, including an active party.\nTo the extent relevant information is health information for a person, serious harm to the person includes significant health detriment to the person.\nFor subsection (1) , something is relevant only if it is directly relevant.\nThe tribunal may make an adult evidence order on its own initiative or on the application of an active party.\nA person must not contravene an adult evidence order, unless the person has a reasonable excuse.\nMaximum penalty for subsection (5) —200 penalty units.\ns 106 sub 2009 No. 24 s 1446\n(sec.106-ssec.1) If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person or to obtain relevant information the tribunal would not otherwise receive, the tribunal may, by order (an adult evidence order ), obtain relevant information from the adult concerned in the matter at a hearing in the absence of anyone else, including, for example— members of the public; or a particular person, including an active party.\n(sec.106-ssec.2) To the extent relevant information is health information for a person, serious harm to the person includes significant health detriment to the person.\n(sec.106-ssec.3) For subsection (1) , something is relevant only if it is directly relevant.\n(sec.106-ssec.4) The tribunal may make an adult evidence order on its own initiative or on the application of an active party.\n(sec.106-ssec.5) A person must not contravene an adult evidence order, unless the person has a reasonable excuse. Maximum penalty for subsection (5) —200 penalty units.\n- (a) members of the public; or\n- (b) a particular person, including an active party.","sortOrder":182},{"sectionNumber":"sec.107","sectionType":"section","heading":"Closure order","content":"### sec.107 Closure order\n\nIf the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a closure order ), do either or both of the following—\nclose the hearing or part of the hearing to all or some members of the public;\nexclude a particular person, including an active party, from a hearing or part of a hearing.\nTo the extent the hearing or the part of the hearing concerns health information for a person, serious harm to the person includes significant health detriment to the person.\nThe tribunal may make a closure order on its own initiative or on the application of an active party.\nA person must not contravene a closure order, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —200 penalty units.\ns 107 sub 2009 No. 24 s 1446\n(sec.107-ssec.1) If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a closure order ), do either or both of the following— close the hearing or part of the hearing to all or some members of the public; exclude a particular person, including an active party, from a hearing or part of a hearing.\n(sec.107-ssec.2) To the extent the hearing or the part of the hearing concerns health information for a person, serious harm to the person includes significant health detriment to the person.\n(sec.107-ssec.3) The tribunal may make a closure order on its own initiative or on the application of an active party.\n(sec.107-ssec.4) A person must not contravene a closure order, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —200 penalty units.\n- (a) close the hearing or part of the hearing to all or some members of the public;\n- (b) exclude a particular person, including an active party, from a hearing or part of a hearing.","sortOrder":183},{"sectionNumber":"sec.108","sectionType":"section","heading":"Non-publication order","content":"### sec.108 Non-publication order\n\nIf the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a non-publication order ), prohibit publication of information about a tribunal proceeding the publication of which is not prohibited under section 114A .\nTo the extent information about a tribunal proceeding is health information for a person, serious harm to the person includes significant health detriment to the person.\nThe tribunal may make a non-publication order on its own initiative or on the application of an active party.\nIf information about a tribunal proceeding discloses information prepared or provided by an entity, the tribunal may make a non-publication order on the application of the entity.\nIf information about a tribunal proceeding discloses health information for the person—\nwithout limiting subsection (3) or (4) , the tribunal may make a non-publication order on the application of—\nthe person; or\nan interested person for the person; and\nan application may be made by an interested person for the person even after the person’s death.\nIf a non-publication order is made prohibiting publication of information about a tribunal proceeding and the information about the tribunal proceeding discloses health information for the person, the person’s death does not affect the non-publication order.\nA person must not contravene a non-publication order, unless the person has a reasonable excuse.\nMaximum penalty for subsection (7) —200 penalty units.\nSee also section 101 .\ns 108 amd 2003 No. 87 s 21\nsub 2008 No. 54 s 10 ; 2009 No. 24 s 1446\n(sec.108-ssec.1) If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a non-publication order ), prohibit publication of information about a tribunal proceeding the publication of which is not prohibited under section 114A .\n(sec.108-ssec.2) To the extent information about a tribunal proceeding is health information for a person, serious harm to the person includes significant health detriment to the person.\n(sec.108-ssec.3) The tribunal may make a non-publication order on its own initiative or on the application of an active party.\n(sec.108-ssec.4) If information about a tribunal proceeding discloses information prepared or provided by an entity, the tribunal may make a non-publication order on the application of the entity.\n(sec.108-ssec.5) If information about a tribunal proceeding discloses health information for the person— without limiting subsection (3) or (4) , the tribunal may make a non-publication order on the application of— the person; or an interested person for the person; and an application may be made by an interested person for the person even after the person’s death.\n(sec.108-ssec.6) If a non-publication order is made prohibiting publication of information about a tribunal proceeding and the information about the tribunal proceeding discloses health information for the person, the person’s death does not affect the non-publication order.\n(sec.108-ssec.7) A person must not contravene a non-publication order, unless the person has a reasonable excuse. Maximum penalty for subsection (7) —200 penalty units. See also section 101 .\n- (a) without limiting subsection (3) or (4) , the tribunal may make a non-publication order on the application of— (i) the person; or (ii) an interested person for the person; and\n- (i) the person; or\n- (ii) an interested person for the person; and\n- (b) an application may be made by an interested person for the person even after the person’s death.\n- (i) the person; or\n- (ii) an interested person for the person; and","sortOrder":184},{"sectionNumber":"sec.109","sectionType":"section","heading":"Confidentiality order","content":"### sec.109 Confidentiality order\n\nIf the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a confidentiality order )—\nwithhold from an active party or other person a document, or part of a document, before the tribunal; or\nwithhold from an active party or other person other information before the tribunal.\nTo the extent a document or part of a document contains health information for a person, or to the extent other information is health information for a person, serious harm to the person includes significant health detriment to the person.\nThe tribunal may make a confidentiality order on its own initiative or on the application of an active party.\nAlso, the tribunal may make a confidentiality order in relation to a document or other information on the application of the entity who prepared or provided the document or other information.\nA person must not contravene a confidentiality order, unless the person has a reasonable excuse.\nMaximum penalty for subsection (5) —200 penalty units.\ns 109 sub 2008 No. 54 s 10 ; 2009 No. 24 s 1446\n(sec.109-ssec.1) If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a confidentiality order )— withhold from an active party or other person a document, or part of a document, before the tribunal; or withhold from an active party or other person other information before the tribunal.\n(sec.109-ssec.2) To the extent a document or part of a document contains health information for a person, or to the extent other information is health information for a person, serious harm to the person includes significant health detriment to the person.\n(sec.109-ssec.3) The tribunal may make a confidentiality order on its own initiative or on the application of an active party.\n(sec.109-ssec.4) Also, the tribunal may make a confidentiality order in relation to a document or other information on the application of the entity who prepared or provided the document or other information.\n(sec.109-ssec.5) A person must not contravene a confidentiality order, unless the person has a reasonable excuse. Maximum penalty for subsection (5) —200 penalty units.\n- (a) withhold from an active party or other person a document, or part of a document, before the tribunal; or\n- (b) withhold from an active party or other person other information before the tribunal.","sortOrder":185},{"sectionNumber":"sec.109A","sectionType":"section","heading":null,"content":"### Section sec.109A\n\ns 109A ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":186},{"sectionNumber":"sec.109B","sectionType":"section","heading":null,"content":"### Section sec.109B\n\ns 109B ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":187},{"sectionNumber":"sec.109C","sectionType":"section","heading":null,"content":"### Section sec.109C\n\ns 109C ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":188},{"sectionNumber":"sec.109D","sectionType":"section","heading":null,"content":"### Section sec.109D\n\ns 109D ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":189},{"sectionNumber":"sec.109E","sectionType":"section","heading":null,"content":"### Section sec.109E\n\ns 109E ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":190},{"sectionNumber":"sec.109F","sectionType":"section","heading":null,"content":"### Section sec.109F\n\ns 109F ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":191},{"sectionNumber":"sec.109G","sectionType":"section","heading":null,"content":"### Section sec.109G\n\ns 109G ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":192},{"sectionNumber":"sec.109H","sectionType":"section","heading":null,"content":"### Section sec.109H\n\ns 109H ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":193},{"sectionNumber":"sec.109I","sectionType":"section","heading":null,"content":"### Section sec.109I\n\ns 109I ins 2008 No. 54 s 10\nom 2009 No. 24 s 1446","sortOrder":194},{"sectionNumber":"sec.110","sectionType":"section","heading":"Non-publication or confidentiality order made before hearing","content":"### sec.110 Non-publication or confidentiality order made before hearing\n\nIn a proceeding, a non-publication order or confidentiality order may be made before a hearing of the proceeding starts.\nHowever, a non-publication order or confidentiality order made before a hearing is vacated at the start of the hearing.\nSections 111 to 113 do not apply in relation to a non-publication order or confidentiality order made before the hearing of the proceeding starts.\ns 110 amd 2003 No. 87 s 22\nsub 2009 No. 24 s 1446\n(sec.110-ssec.1) In a proceeding, a non-publication order or confidentiality order may be made before a hearing of the proceeding starts.\n(sec.110-ssec.2) However, a non-publication order or confidentiality order made before a hearing is vacated at the start of the hearing.\n(sec.110-ssec.3) Sections 111 to 113 do not apply in relation to a non-publication order or confidentiality order made before the hearing of the proceeding starts.","sortOrder":195},{"sectionNumber":"sec.111","sectionType":"section","heading":"Standing for limitation order","content":"### sec.111 Standing for limitation order\n\nEach active party, and any entity that would be adversely affected by a proposed limitation order, has standing to be heard in relation to the making of the order.\nA journalist who would be excluded from a hearing by a proposed closure order would be an entity that would be adversely affected by the proposed order.\ns 111 amd 2004 No. 43 s 50\nsub 2009 No. 24 s 1446","sortOrder":196},{"sectionNumber":"sec.112","sectionType":"section","heading":"Making and notifying decision for limitation order","content":"### sec.112 Making and notifying decision for limitation order\n\nThe tribunal must give its decision on the making of a limitation order as soon as practicable after hearing any submissions on the making of the order.\nAs soon as practicable after making its decision, the tribunal must notify, and give a copy of its decision to—\nthe adult concerned in the matter; and\neach other active party in the proceeding; and\neach entity heard in relation to the order; and\nthe public advocate.\nThe tribunal must also give a copy of its decision to anyone else who requests a copy.\nFor subsection (3) , it is sufficient for the tribunal to give a copy of the decision in a form that does not contravene section 114A .\nAlso, within 45 days after making its decision, the tribunal must give the public advocate all information before the tribunal in its consideration of making the limitation order, including, for a confidentiality order, the document or other information being considered as the subject of the confidentiality order.\ns 112 amd 2005 No. 70 s 107B\nsub 2008 No. 54 s 11 ; 2009 No. 24 s 1446\n(sec.112-ssec.1) The tribunal must give its decision on the making of a limitation order as soon as practicable after hearing any submissions on the making of the order.\n(sec.112-ssec.2) As soon as practicable after making its decision, the tribunal must notify, and give a copy of its decision to— the adult concerned in the matter; and each other active party in the proceeding; and each entity heard in relation to the order; and the public advocate.\n(sec.112-ssec.3) The tribunal must also give a copy of its decision to anyone else who requests a copy.\n(sec.112-ssec.4) For subsection (3) , it is sufficient for the tribunal to give a copy of the decision in a form that does not contravene section 114A .\n(sec.112-ssec.5) Also, within 45 days after making its decision, the tribunal must give the public advocate all information before the tribunal in its consideration of making the limitation order, including, for a confidentiality order, the document or other information being considered as the subject of the confidentiality order.\n- (a) the adult concerned in the matter; and\n- (b) each other active party in the proceeding; and\n- (c) each entity heard in relation to the order; and\n- (d) the public advocate.","sortOrder":197},{"sectionNumber":"sec.113","sectionType":"section","heading":"Written reasons for limitation order and copy of reasons","content":"### sec.113 Written reasons for limitation order and copy of reasons\n\nThis section applies if the tribunal decides to make a limitation order.\nThe tribunal must give written reasons for its decision to make the limitation order (other than an adult evidence order) and may give reasons for its decision to make an adult evidence order.\nIf the tribunal gives written reasons for its decision, it must give a copy of the reasons within 45 days after making the decision to—\nthe adult concerned in the matter; and\neach other active party in the proceeding; and\neach entity heard in relation to the order; and\nthe public advocate.\nThe tribunal must also give a copy of its written reasons to anyone else who requests a copy.\nFor subsection (4) , it is sufficient for the tribunal to give a copy of the written reasons in a form that does not contravene section 114A .\nThe QCAT Act , sections 121 and 122 do not apply to limitation orders.\ns 113 sub 2009 No. 24 s 1446\n(sec.113-ssec.1) This section applies if the tribunal decides to make a limitation order.\n(sec.113-ssec.2) The tribunal must give written reasons for its decision to make the limitation order (other than an adult evidence order) and may give reasons for its decision to make an adult evidence order.\n(sec.113-ssec.3) If the tribunal gives written reasons for its decision, it must give a copy of the reasons within 45 days after making the decision to— the adult concerned in the matter; and each other active party in the proceeding; and each entity heard in relation to the order; and the public advocate.\n(sec.113-ssec.4) The tribunal must also give a copy of its written reasons to anyone else who requests a copy.\n(sec.113-ssec.5) For subsection (4) , it is sufficient for the tribunal to give a copy of the written reasons in a form that does not contravene section 114A .\n(sec.113-ssec.6) The QCAT Act , sections 121 and 122 do not apply to limitation orders.\n- (a) the adult concerned in the matter; and\n- (b) each other active party in the proceeding; and\n- (c) each entity heard in relation to the order; and\n- (d) the public advocate.","sortOrder":198},{"sectionNumber":"sec.114","sectionType":"section","heading":"Procedural directions","content":"### sec.114 Procedural directions\n\nThe tribunal may—\ndirect a person to undergo examination by a doctor or psychologist in the ordinary course of the doctor’s medical practice or the psychologist’s practice; or\ndirect the person the subject of the proceeding to be brought before the tribunal.\nThe tribunal may change or revoke a direction under subsection (1) .\nA person must comply with a direction under subsection (1) , unless the person has a reasonable excuse.\nIf the tribunal gives a direction under subsection (1) (a) , the tribunal may direct that a party pay for the examination.\nIn this section—\npsychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.\ns 114 sub 2009 No. 24 s 1446\namd 2010 No. 14 s 124 sch\n(sec.114-ssec.1) The tribunal may— direct a person to undergo examination by a doctor or psychologist in the ordinary course of the doctor’s medical practice or the psychologist’s practice; or direct the person the subject of the proceeding to be brought before the tribunal.\n(sec.114-ssec.2) The tribunal may change or revoke a direction under subsection (1) .\n(sec.114-ssec.3) A person must comply with a direction under subsection (1) , unless the person has a reasonable excuse.\n(sec.114-ssec.4) If the tribunal gives a direction under subsection (1) (a) , the tribunal may direct that a party pay for the examination.\n(sec.114-ssec.5) In this section— psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.\n- (a) direct a person to undergo examination by a doctor or psychologist in the ordinary course of the doctor’s medical practice or the psychologist’s practice; or\n- (b) direct the person the subject of the proceeding to be brought before the tribunal.","sortOrder":199},{"sectionNumber":"sec.114A","sectionType":"section","heading":"Publication about proceeding that discloses adult’s identity","content":"### sec.114A Publication about proceeding that discloses adult’s identity\n\nGenerally, information about a guardianship proceeding may be published.\nHowever, a person must not, without reasonable excuse, publish information about a guardianship proceeding to the public, or a section of the public, if the publication is likely to lead to the identification of the relevant adult by a member of the public, or by a member of the section of the public to whom the information is published.\nMaximum penalty—200 penalty units.\nThe publication of information about a tribunal proceeding may also be prohibited by a non-publication order—see section 108 .\nAlso see the Child Protection Act 1999 , section 189 (Prohibition of publication of information leading to identity of children).\nSubsection (2) does not apply—\nto publication of information by the public guardian, or the public advocate, if the public guardian, or the public advocate, considers it is necessary in the public interest to publish the information in response to a prohibited publication by another entity; or\nto publication of information after the relevant adult has died; or\nto publication of information authorised by an order made under this section.\nA non-publication order may prohibit publication of information about a tribunal proceeding disclosing health information about a person even after the person’s death.\nThe court may make an order authorising publication of information about a guardianship proceeding that is otherwise prohibited under subsection (2) .\nThe tribunal may make an order authorising publication of information about a tribunal proceeding that is otherwise prohibited under subsection (2) .\nThe court or tribunal may make an order under subsection (4) or (5) authorising publication only if the court or tribunal is satisfied the publication is in the public interest or the relevant adult’s interest.\nThe QCAT Act , section 125 does not apply for the purposes of this section.\nIn this section—\nprohibited publication means publication of information about a guardianship proceeding to the public, or a section of the public, that is likely to lead to the identification of the relevant adult by a member of the public, or by a member of the section of the public to whom the information is published.\nrelevant adult means the adult concerned in the matter, whether or not the court or tribunal decides the adult is an adult with impaired capacity.\ns 114A ins 2009 No. 24 s 1446\namd 2014 No. 26 s 240 (1)\n(sec.114A-ssec.1) Generally, information about a guardianship proceeding may be published.\n(sec.114A-ssec.2) However, a person must not, without reasonable excuse, publish information about a guardianship proceeding to the public, or a section of the public, if the publication is likely to lead to the identification of the relevant adult by a member of the public, or by a member of the section of the public to whom the information is published. Maximum penalty—200 penalty units. The publication of information about a tribunal proceeding may also be prohibited by a non-publication order—see section 108 . Also see the Child Protection Act 1999 , section 189 (Prohibition of publication of information leading to identity of children).\n(sec.114A-ssec.3) Subsection (2) does not apply— to publication of information by the public guardian, or the public advocate, if the public guardian, or the public advocate, considers it is necessary in the public interest to publish the information in response to a prohibited publication by another entity; or to publication of information after the relevant adult has died; or to publication of information authorised by an order made under this section. A non-publication order may prohibit publication of information about a tribunal proceeding disclosing health information about a person even after the person’s death.\n(sec.114A-ssec.4) The court may make an order authorising publication of information about a guardianship proceeding that is otherwise prohibited under subsection (2) .\n(sec.114A-ssec.5) The tribunal may make an order authorising publication of information about a tribunal proceeding that is otherwise prohibited under subsection (2) .\n(sec.114A-ssec.6) The court or tribunal may make an order under subsection (4) or (5) authorising publication only if the court or tribunal is satisfied the publication is in the public interest or the relevant adult’s interest.\n(sec.114A-ssec.7) The QCAT Act , section 125 does not apply for the purposes of this section.\n(sec.114A-ssec.8) In this section— prohibited publication means publication of information about a guardianship proceeding to the public, or a section of the public, that is likely to lead to the identification of the relevant adult by a member of the public, or by a member of the section of the public to whom the information is published. relevant adult means the adult concerned in the matter, whether or not the court or tribunal decides the adult is an adult with impaired capacity.\n- • The publication of information about a tribunal proceeding may also be prohibited by a non-publication order—see section 108 .\n- • Also see the Child Protection Act 1999 , section 189 (Prohibition of publication of information leading to identity of children).\n- (a) to publication of information by the public guardian, or the public advocate, if the public guardian, or the public advocate, considers it is necessary in the public interest to publish the information in response to a prohibited publication by another entity; or\n- (b) to publication of information after the relevant adult has died; or\n- (c) to publication of information authorised by an order made under this section.","sortOrder":200},{"sectionNumber":"sec.114B","sectionType":"section","heading":"No filing fee payable","content":"### sec.114B No filing fee payable\n\nA fee is not payable to the tribunal for making an application, or filing another document, under this Act.\nSubsection (1) does not apply in relation to an appeal to the appeal tribunal under the QCAT Act , chapter 2 , part 8 , division 1 .\ns 114B ins 2009 No. 24 s 1446\n(sec.114B-ssec.1) A fee is not payable to the tribunal for making an application, or filing another document, under this Act.\n(sec.114B-ssec.2) Subsection (1) does not apply in relation to an appeal to the appeal tribunal under the QCAT Act , chapter 2 , part 8 , division 1 .","sortOrder":201},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Applications","content":"# Applications","sortOrder":202},{"sectionNumber":"sec.115","sectionType":"section","heading":"Scope of applications","content":"### sec.115 Scope of applications\n\nAn application may be made, as provided under the QCAT Act , to the tribunal for a declaration, order, direction, recommendation or advice in relation to an adult about something in, or related to, this Act or the Powers of Attorney Act 1998 .\nThe application may be made by—\nthe adult concerned; or\nunless this Act or the Powers of Attorney Act 1998 states otherwise—another interested person.\ns 115 amd 2009 No. 24 s 1447\n(sec.115-ssec.1) An application may be made, as provided under the QCAT Act , to the tribunal for a declaration, order, direction, recommendation or advice in relation to an adult about something in, or related to, this Act or the Powers of Attorney Act 1998 .\n(sec.115-ssec.2) The application may be made by— the adult concerned; or unless this Act or the Powers of Attorney Act 1998 states otherwise—another interested person.\n- (a) the adult concerned; or\n- (b) unless this Act or the Powers of Attorney Act 1998 states otherwise—another interested person.","sortOrder":203},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2009 No. 24 s 1448","sortOrder":204},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 om 2009 No. 24 s 1448","sortOrder":205},{"sectionNumber":"sec.118","sectionType":"section","heading":"Tribunal advises persons concerned of hearing","content":"### sec.118 Tribunal advises persons concerned of hearing\n\nAt least 7 days before the hearing of an application about a matter, the tribunal must give notice of the hearing to the adult concerned in the matter and, as far as practicable, to the following—\nif the adult concerned is not the applicant—the applicant;\na spouse of the adult who is in a close and continuing relationship with the adult;\nany child of the adult who is at least 18 years and who is in a close and continuing relationship with the adult;\nany parent of the adult who is in a close and continuing relationship with the adult;\nany sibling of the adult who is in a close and continuing relationship with the adult;\nif the adult is an Aboriginal person or a Torres Strait Islander—any person who is regarded under Aboriginal tradition or Island custom as a child, parent or sibling of the adult, and who is in a close and continuing relationship with the adult;\nany primary carer of the adult;\nall current guardians, administrators and attorneys for the adult;\nthe public guardian;\nthe public trustee;\nfor a proceeding under chapter 5B —\nthe chief executive (disability services); and\na relevant service provider providing disability services to the adult; and\nif the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and\nif the tribunal is aware the adult is a forensic disability client—the director of forensic disability;\nanyone else the tribunal considers should be notified.\nIf there is no person mentioned in subsection (1) (b) to (f) in existence or able to be located for the adult, the tribunal must give notice of the hearing, as far as practicable, to—\na member of the adult’s extended family who is in a close and continuing relationship with the adult; or\na person from the adult’s household who is in a close and continuing relationship with the adult.\nHowever, the tribunal is not required to give notice to the adult if any of the following apply—\nthe tribunal considers that notice to the adult might be prejudicial to the physical or mental health or wellbeing of the adult;\nthe tribunal considers the adult is evading the hearing;\nthe adult is—\ntemporarily or permanently unconscious; or\nunable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts.\nNotice to the adult must be given in the way the tribunal considers most appropriate having regard to the person’s needs.\nHowever, the adult’s failure to understand the notice does not affect its validity.\nThe tribunal may, by direction under the QCAT Act , section 62 —\ndispense with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) ; and\nreduce the time stated in subsection (1) .\nSubject to subsection (3) , failure to comply with the requirement to give notice to the adult invalidates a hearing and the tribunal’s decision about an application.\nFailure to comply with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) does not affect the validity of a hearing or the tribunal’s decision about an application.\nThe QCAT Act , section 37 does not apply for the purposes of this section.\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive or similar document under the law of another jurisdiction.\nchild includes a stepchild, an adopted child and a person for whom the adult was a foster-parent or guardian when the person was a child.\nparent includes a step-parent, an adoptive parent, a foster-parent and a guardian.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act 1998 ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\na similar document under the law of another jurisdiction.\nsibling includes a step-sibling, an adopted sibling and a foster-sibling.\ns 118 amd 2003 No. 87 s 23 ; 2008 No. 23 s 25 ; 2009 No. 24 s 1449 ; 2011 No. 13 s 201 ; 2012 No. 37 s 51 sch ; 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4 ; 2019 No. 9 s 32\n(sec.118-ssec.1) At least 7 days before the hearing of an application about a matter, the tribunal must give notice of the hearing to the adult concerned in the matter and, as far as practicable, to the following— if the adult concerned is not the applicant—the applicant; a spouse of the adult who is in a close and continuing relationship with the adult; any child of the adult who is at least 18 years and who is in a close and continuing relationship with the adult; any parent of the adult who is in a close and continuing relationship with the adult; any sibling of the adult who is in a close and continuing relationship with the adult; if the adult is an Aboriginal person or a Torres Strait Islander—any person who is regarded under Aboriginal tradition or Island custom as a child, parent or sibling of the adult, and who is in a close and continuing relationship with the adult; any primary carer of the adult; all current guardians, administrators and attorneys for the adult; the public guardian; the public trustee; for a proceeding under chapter 5B — the chief executive (disability services); and a relevant service provider providing disability services to the adult; and if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and if the tribunal is aware the adult is a forensic disability client—the director of forensic disability; anyone else the tribunal considers should be notified.\n(sec.118-ssec.2) If there is no person mentioned in subsection (1) (b) to (f) in existence or able to be located for the adult, the tribunal must give notice of the hearing, as far as practicable, to— a member of the adult’s extended family who is in a close and continuing relationship with the adult; or a person from the adult’s household who is in a close and continuing relationship with the adult.\n(sec.118-ssec.3) However, the tribunal is not required to give notice to the adult if any of the following apply— the tribunal considers that notice to the adult might be prejudicial to the physical or mental health or wellbeing of the adult; the tribunal considers the adult is evading the hearing; the adult is— temporarily or permanently unconscious; or unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts.\n(sec.118-ssec.4) Notice to the adult must be given in the way the tribunal considers most appropriate having regard to the person’s needs.\n(sec.118-ssec.5) However, the adult’s failure to understand the notice does not affect its validity.\n(sec.118-ssec.6) The tribunal may, by direction under the QCAT Act , section 62 — dispense with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) ; and reduce the time stated in subsection (1) .\n(sec.118-ssec.7) Subject to subsection (3) , failure to comply with the requirement to give notice to the adult invalidates a hearing and the tribunal’s decision about an application.\n(sec.118-ssec.8) Failure to comply with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) does not affect the validity of a hearing or the tribunal’s decision about an application.\n(sec.118-ssec.9) The QCAT Act , section 37 does not apply for the purposes of this section.\n(sec.118-ssec.10) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive or similar document under the law of another jurisdiction. child includes a stepchild, an adopted child and a person for whom the adult was a foster-parent or guardian when the person was a child. parent includes a step-parent, an adoptive parent, a foster-parent and a guardian. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or a similar document under the law of another jurisdiction. sibling includes a step-sibling, an adopted sibling and a foster-sibling.\n- (a) if the adult concerned is not the applicant—the applicant;\n- (b) a spouse of the adult who is in a close and continuing relationship with the adult;\n- (c) any child of the adult who is at least 18 years and who is in a close and continuing relationship with the adult;\n- (d) any parent of the adult who is in a close and continuing relationship with the adult;\n- (e) any sibling of the adult who is in a close and continuing relationship with the adult;\n- (f) if the adult is an Aboriginal person or a Torres Strait Islander—any person who is regarded under Aboriginal tradition or Island custom as a child, parent or sibling of the adult, and who is in a close and continuing relationship with the adult;\n- (g) any primary carer of the adult;\n- (h) all current guardians, administrators and attorneys for the adult;\n- (i) the public guardian;\n- (j) the public trustee;\n- (k) for a proceeding under chapter 5B — (i) the chief executive (disability services); and (ii) a relevant service provider providing disability services to the adult; and (iii) if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and (iv) if the tribunal is aware the adult is a forensic disability client—the director of forensic disability;\n- (i) the chief executive (disability services); and\n- (ii) a relevant service provider providing disability services to the adult; and\n- (iii) if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and\n- (iv) if the tribunal is aware the adult is a forensic disability client—the director of forensic disability;\n- (l) anyone else the tribunal considers should be notified.\n- (i) the chief executive (disability services); and\n- (ii) a relevant service provider providing disability services to the adult; and\n- (iii) if the tribunal is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist; and\n- (iv) if the tribunal is aware the adult is a forensic disability client—the director of forensic disability;\n- (a) a member of the adult’s extended family who is in a close and continuing relationship with the adult; or\n- (b) a person from the adult’s household who is in a close and continuing relationship with the adult.\n- (a) the tribunal considers that notice to the adult might be prejudicial to the physical or mental health or wellbeing of the adult;\n- (b) the tribunal considers the adult is evading the hearing;\n- (c) the adult is— (i) temporarily or permanently unconscious; or (ii) unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts.\n- (i) temporarily or permanently unconscious; or\n- (ii) unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts.\n- (i) temporarily or permanently unconscious; or\n- (ii) unable to be located after the tribunal has made reasonable inquiries into the adult’s whereabouts.\n- (a) dispense with the requirement to give notice to all or any of the persons mentioned in subsection (1) (a) to (k) ; and\n- (b) reduce the time stated in subsection (1) .\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive or similar document under the law of another jurisdiction.\n- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or\n- (d) a similar document under the law of another jurisdiction.","sortOrder":206},{"sectionNumber":"sec.119","sectionType":"section","heading":"Who is an active party","content":"### sec.119 Who is an active party\n\nEach of the following persons is an active party for a proceeding in relation to an adult—\nthe adult;\nif the adult is not the applicant—the applicant;\nif the proceeding is for the appointment or reappointment of a guardian, administrator or attorney for the adult—the person proposed for appointment or reappointment;\nany current guardian, administrator or attorney for the adult;\nthe public guardian;\nthe public trustee;\na person joined as a party to the proceeding by the tribunal.\ns 119 sub 2003 No. 87 s 24\namd 2014 No. 26 s 240 (1)\n- (a) the adult;\n- (b) if the adult is not the applicant—the applicant;\n- (c) if the proceeding is for the appointment or reappointment of a guardian, administrator or attorney for the adult—the person proposed for appointment or reappointment;\n- (d) any current guardian, administrator or attorney for the adult;\n- (e) the public guardian;\n- (f) the public trustee;\n- (g) a person joined as a party to the proceeding by the tribunal.","sortOrder":207},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 om 2003 No. 87 s 25","sortOrder":208},{"sectionNumber":"sec.121","sectionType":"section","heading":"Protection if unaware of invalidity","content":"### sec.121 Protection if unaware of invalidity\n\nA person appointed as a guardian or administrator for an adult by an invalid tribunal order who, without knowing of the order’s invalidity, purports to use power given by the order does not incur any liability, either to the adult or anyone else, because of the invalidity.\nA transaction between—\na person appointed as guardian or administrator by an invalid tribunal order; and\na person who does not know of the invalidity;\nis, in favour of the second person, as valid as if the tribunal order were valid.\nIn this section—\nknow , of a tribunal order’s invalidity, includes have reason to believe notice of the hearing of an application was not given to the adult as required.\n(sec.121-ssec.1) A person appointed as a guardian or administrator for an adult by an invalid tribunal order who, without knowing of the order’s invalidity, purports to use power given by the order does not incur any liability, either to the adult or anyone else, because of the invalidity.\n(sec.121-ssec.2) A transaction between— a person appointed as guardian or administrator by an invalid tribunal order; and a person who does not know of the invalidity; is, in favour of the second person, as valid as if the tribunal order were valid.\n(sec.121-ssec.3) In this section— know , of a tribunal order’s invalidity, includes have reason to believe notice of the hearing of an application was not given to the adult as required.\n- (a) a person appointed as guardian or administrator by an invalid tribunal order; and\n- (b) a person who does not know of the invalidity;","sortOrder":209},{"sectionNumber":"sec.122","sectionType":"section","heading":"Withdrawal by leave","content":"### sec.122 Withdrawal by leave\n\nThis section applies if the tribunal gives leave to an applicant to withdraw an application under the QCAT Act , section 46 .\nThe tribunal must give notice of the withdrawal to the parties to the proceeding that the tribunal considers should receive notice of the withdrawal.\nThe QCAT Act , section 46 (2) does not apply to an applicant under this Act.\ns 122 sub 2003 No. 87 s 26 ; 2009 No. 24 s 1450\n(sec.122-ssec.1) This section applies if the tribunal gives leave to an applicant to withdraw an application under the QCAT Act , section 46 .\n(sec.122-ssec.2) The tribunal must give notice of the withdrawal to the parties to the proceeding that the tribunal considers should receive notice of the withdrawal.\n(sec.122-ssec.3) The QCAT Act , section 46 (2) does not apply to an applicant under this Act.","sortOrder":210},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Participation","content":"# Participation","sortOrder":211},{"sectionNumber":"sec.123","sectionType":"section","heading":"Right of active party to appear","content":"### sec.123 Right of active party to appear\n\nAn active party in a proceeding before the tribunal may appear in person.\ns 123 amd 2009 No. 24 s 1451","sortOrder":212},{"sectionNumber":"sec.124","sectionType":"section","heading":"Representative may be used with tribunal’s leave","content":"### sec.124 Representative may be used with tribunal’s leave\n\nAn active party may, with the tribunal’s leave, be represented by a lawyer or agent.\nA person given notice to attend at a hearing to give evidence or produce things may, with the tribunal’s leave, be represented by a lawyer or agent.\n(sec.124-ssec.1) An active party may, with the tribunal’s leave, be represented by a lawyer or agent.\n(sec.124-ssec.2) A person given notice to attend at a hearing to give evidence or produce things may, with the tribunal’s leave, be represented by a lawyer or agent.","sortOrder":213},{"sectionNumber":"sec.125","sectionType":"section","heading":"Representative may be appointed","content":"### sec.125 Representative may be appointed\n\nIf, in a proceeding before the tribunal—\nthe adult concerned in the proceeding is not represented in the proceeding; or\nthe adult is represented in the proceeding by an agent the tribunal considers to be inappropriate to represent the adult’s interests;\nthe tribunal may appoint a representative to represent the adult’s views, wishes and interests.\nA proceeding may be adjourned to allow the appointment to be made.\nA representative appointed under subsection (1) must—\nhave regard to any expressed or demonstrated views, wishes and preferences of the adult; and\nto the greatest extent practicable, present the adult’s views, wishes and preferences to the tribunal; and\npromote and safeguard the adult’s rights, interests and opportunities.\ns 125 amd 2019 No. 9 s 33\n(sec.125-ssec.1) If, in a proceeding before the tribunal— the adult concerned in the proceeding is not represented in the proceeding; or the adult is represented in the proceeding by an agent the tribunal considers to be inappropriate to represent the adult’s interests; the tribunal may appoint a representative to represent the adult’s views, wishes and interests.\n(sec.125-ssec.2) A proceeding may be adjourned to allow the appointment to be made.\n(sec.125-ssec.3) A representative appointed under subsection (1) must— have regard to any expressed or demonstrated views, wishes and preferences of the adult; and to the greatest extent practicable, present the adult’s views, wishes and preferences to the tribunal; and promote and safeguard the adult’s rights, interests and opportunities.\n- (a) the adult concerned in the proceeding is not represented in the proceeding; or\n- (b) the adult is represented in the proceeding by an agent the tribunal considers to be inappropriate to represent the adult’s interests;\n- (a) have regard to any expressed or demonstrated views, wishes and preferences of the adult; and\n- (b) to the greatest extent practicable, present the adult’s views, wishes and preferences to the tribunal; and\n- (c) promote and safeguard the adult’s rights, interests and opportunities.","sortOrder":214},{"sectionNumber":"sec.126","sectionType":"section","heading":"Tribunal to decide who are interested persons","content":"### sec.126 Tribunal to decide who are interested persons\n\nIf necessary, the tribunal may decide whether a person is an interested person for another person under this Act or the Powers of Attorney Act 1998 .\nSee interested person — schedule 4 (Dictionary).\nIf the tribunal decides a person is not an interested person for the other person and the person asks for the tribunal’s reasons, the tribunal must give the person written reasons for its decision.\nThis section does not limit a court’s power to decide whether a person is an interested person for another person under the Powers of Attorney Act 1998 .\ns 126 amd 2012 No. 37 s 51 sch\n(sec.126-ssec.1) If necessary, the tribunal may decide whether a person is an interested person for another person under this Act or the Powers of Attorney Act 1998 . See interested person — schedule 4 (Dictionary).\n(sec.126-ssec.2) If the tribunal decides a person is not an interested person for the other person and the person asks for the tribunal’s reasons, the tribunal must give the person written reasons for its decision.\n(sec.126-ssec.3) This section does not limit a court’s power to decide whether a person is an interested person for another person under the Powers of Attorney Act 1998 .","sortOrder":215},{"sectionNumber":"sec.127","sectionType":"section","heading":"Costs","content":"### sec.127 Costs\n\nEach party in a proceeding is to bear the party’s own costs of the proceeding.\nHowever, the tribunal may order an applicant to pay an active party’s costs and the costs of the tribunal in exceptional circumstances, including, for example, if the tribunal considers the application is frivolous or vexatious.\nAlso, the following provisions of the QCAT Act , chapter 2 , part 6 , division 6 in relation to costs apply to the tribunal for proceedings under this Act—\nsection 101 ;\nsections 103 to 109 .\nSee also section 101 .\ns 127 amd 2009 No. 24 s 1452\n(sec.127-ssec.1) Each party in a proceeding is to bear the party’s own costs of the proceeding.\n(sec.127-ssec.2) However, the tribunal may order an applicant to pay an active party’s costs and the costs of the tribunal in exceptional circumstances, including, for example, if the tribunal considers the application is frivolous or vexatious.\n(sec.127-ssec.3) Also, the following provisions of the QCAT Act , chapter 2 , part 6 , division 6 in relation to costs apply to the tribunal for proceedings under this Act— section 101 ; sections 103 to 109 . See also section 101 .\n- (a) section 101 ;\n- (b) sections 103 to 109 .","sortOrder":216},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Proceeding","content":"# Proceeding","sortOrder":217},{"sectionNumber":"sec.128","sectionType":"section","heading":"Tribunal may stay decision pending hearing","content":"### sec.128 Tribunal may stay decision pending hearing\n\nIf a person applies to the tribunal in relation to a decision for an adult about a matter, the person may also apply to the tribunal for a stay of the decision.\nThe tribunal may, by order, stay the decision to secure the effectiveness of the application.\nA stay—\nmay be given on the terms the tribunal considers appropriate; and\noperates for the period specified by the tribunal.\nThe period of a stay must not extend past the time when the tribunal decides the application.\nThe tribunal may amend or revoke its order staying a decision.\n(sec.128-ssec.1) If a person applies to the tribunal in relation to a decision for an adult about a matter, the person may also apply to the tribunal for a stay of the decision.\n(sec.128-ssec.2) The tribunal may, by order, stay the decision to secure the effectiveness of the application.\n(sec.128-ssec.3) A stay— may be given on the terms the tribunal considers appropriate; and operates for the period specified by the tribunal.\n(sec.128-ssec.4) The period of a stay must not extend past the time when the tribunal decides the application.\n(sec.128-ssec.5) The tribunal may amend or revoke its order staying a decision.\n- (a) may be given on the terms the tribunal considers appropriate; and\n- (b) operates for the period specified by the tribunal.","sortOrder":218},{"sectionNumber":"sec.129","sectionType":"section","heading":"Interim order","content":"### sec.129 Interim order\n\nThis section applies if the tribunal is satisfied, on reasonable grounds—\nthe adult concerned in an application has, or may have, impaired capacity for a matter; and\nthere is an immediate risk of harm to the health, welfare or property of the adult, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.\nThe tribunal may make an interim order in the proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act, including section 118 .\nAn interim order may not include consent to special health care.\nAn interim order has effect for the period specified in the order.\nThe maximum period that may be specified in an interim order is 3 months.\nAn interim order may be renewed, but only if the tribunal is satisfied there are exceptional circumstances justifying the renewal.\nTo exercise jurisdiction under subsection (6) , the tribunal must be constituted by a legal member.\ns 129 amd 2003 No. 87 s 27 ; 2007 No. 37 s 78 ; 2009 No. 24 s 1453 ; 2019 No. 9 s 34\n(sec.129-ssec.1) This section applies if the tribunal is satisfied, on reasonable grounds— the adult concerned in an application has, or may have, impaired capacity for a matter; and there is an immediate risk of harm to the health, welfare or property of the adult, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.\n(sec.129-ssec.2) The tribunal may make an interim order in the proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act, including section 118 .\n(sec.129-ssec.3) An interim order may not include consent to special health care.\n(sec.129-ssec.4) An interim order has effect for the period specified in the order.\n(sec.129-ssec.5) The maximum period that may be specified in an interim order is 3 months.\n(sec.129-ssec.6) An interim order may be renewed, but only if the tribunal is satisfied there are exceptional circumstances justifying the renewal.\n(sec.129-ssec.7) To exercise jurisdiction under subsection (6) , the tribunal must be constituted by a legal member.\n- (a) the adult concerned in an application has, or may have, impaired capacity for a matter; and\n- (b) there is an immediate risk of harm to the health, welfare or property of the adult, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.","sortOrder":219},{"sectionNumber":"sec.130","sectionType":"section","heading":"Tribunal to ensure it has all relevant information and material","content":"### sec.130 Tribunal to ensure it has all relevant information and material\n\nTo hear and decide a matter in a proceeding, the tribunal must ensure, as far as it considers it practicable, it has all the relevant information and material.\nAt the tribunal’s request, a person who has custody or control of information or material that the tribunal considers is necessary to make an informed decision about the matter must give the information or material to the tribunal, unless the person has a reasonable excuse.\nThe tribunal may order a person to give information or material to the tribunal.\nIf the tribunal orders a person to give it information or material, the person must comply with the order, unless the person has a reasonable excuse.\nIt is a reasonable excuse for a person to fail to give information or material because giving the information or material might tend to incriminate the person.\nSubject to subsection (5) , this section overrides—\nany restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\nany claim of confidentiality or privilege, including a claim based on legal professional privilege.\ns 130 amd 2003 No. 87 s 28\n(sec.130-ssec.1) To hear and decide a matter in a proceeding, the tribunal must ensure, as far as it considers it practicable, it has all the relevant information and material.\n(sec.130-ssec.2) At the tribunal’s request, a person who has custody or control of information or material that the tribunal considers is necessary to make an informed decision about the matter must give the information or material to the tribunal, unless the person has a reasonable excuse.\n(sec.130-ssec.3) The tribunal may order a person to give information or material to the tribunal.\n(sec.130-ssec.4) If the tribunal orders a person to give it information or material, the person must comply with the order, unless the person has a reasonable excuse.\n(sec.130-ssec.5) It is a reasonable excuse for a person to fail to give information or material because giving the information or material might tend to incriminate the person.\n(sec.130-ssec.6) Subject to subsection (5) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege.\n- (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\n- (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege.","sortOrder":220},{"sectionNumber":"sec.131","sectionType":"section","heading":"Tribunal may proceed without further information","content":"### sec.131 Tribunal may proceed without further information\n\nIf the tribunal considers urgent or special circumstances justify it doing so, the tribunal may proceed to decide a matter on the information before it without receiving further information.\nIf all the active parties in a proceeding agree, the tribunal may also proceed to decide a matter in the proceeding on the information before it when the agreement was reached without receiving further information.\nBefore the active parties agree, the tribunal must ensure they are aware of the material on which the matter will be decided.\n(sec.131-ssec.1) If the tribunal considers urgent or special circumstances justify it doing so, the tribunal may proceed to decide a matter on the information before it without receiving further information.\n(sec.131-ssec.2) If all the active parties in a proceeding agree, the tribunal may also proceed to decide a matter in the proceeding on the information before it when the agreement was reached without receiving further information.\n(sec.131-ssec.3) Before the active parties agree, the tribunal must ensure they are aware of the material on which the matter will be decided.","sortOrder":221},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 om 2009 No. 24 s 1454","sortOrder":222},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 om 2009 No. 24 s 1454","sortOrder":223},{"sectionNumber":"sec.134","sectionType":"section","heading":"Report by tribunal staff","content":"### sec.134 Report by tribunal staff\n\nThe tribunal may—\nreceive in evidence in a proceeding a written report by tribunal staff on a matter in the proceeding; and\nhave regard to the report.\nGenerally, if the tribunal receives the report in evidence in a proceeding, the adult concerned in the proceeding and each other active party in the proceeding must be—\nadvised of the contents of the report; and\nupon request, given a copy of the report.\nHowever, the right to be given a copy may be displaced in a confidentiality order.\n(sec.134-ssec.1) The tribunal may— receive in evidence in a proceeding a written report by tribunal staff on a matter in the proceeding; and have regard to the report.\n(sec.134-ssec.2) Generally, if the tribunal receives the report in evidence in a proceeding, the adult concerned in the proceeding and each other active party in the proceeding must be— advised of the contents of the report; and upon request, given a copy of the report.\n(sec.134-ssec.3) However, the right to be given a copy may be displaced in a confidentiality order.\n- (a) receive in evidence in a proceeding a written report by tribunal staff on a matter in the proceeding; and\n- (b) have regard to the report.\n- (a) advised of the contents of the report; and\n- (b) upon request, given a copy of the report.","sortOrder":224},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 om 2009 No. 24 s 1455","sortOrder":225},{"sectionNumber":"sec.136","sectionType":"section","heading":"Witness fees and expenses","content":"### sec.136 Witness fees and expenses\n\nThe tribunal may make an order as to fees and expenses to be paid to a witness.\nDespite the QCAT Act , section 97 (3) , a witness is entitled to fees and expenses only if the tribunal makes an order under subsection (1) .\ns 136 amd 2009 No. 24 s 1456\n(sec.136-ssec.1) The tribunal may make an order as to fees and expenses to be paid to a witness.\n(sec.136-ssec.2) Despite the QCAT Act , section 97 (3) , a witness is entitled to fees and expenses only if the tribunal makes an order under subsection (1) .","sortOrder":226},{"sectionNumber":"sec.137","sectionType":"section","heading":"Offences by witnesses","content":"### sec.137 Offences by witnesses\n\nA witness at a hearing must not, unless the person has a reasonable excuse—\nfail to answer a question the person is required to answer by the presiding member; or\nfail to produce a document or thing the person is required to produce by notice given by the tribunal under the QCAT Act , section 97 (1) (b) .\nMaximum penalty—100 penalty units.\nIt is not a reasonable excuse for a person to fail to answer a question because answering the question might tend to incriminate the person.\nIt is not a reasonable excuse for a person to fail to produce a document or thing because producing the document or thing might tend to incriminate the person.\nHowever, evidence of, or directly or indirectly derived from, a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than—\na proceeding for any of the following offences—\nan offence against the QCAT Act , section 216 or 217 ;\nanother offence about the falsity of the answer, document or thing; or\nif the answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or\nif the answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration, licence or approval; or\nif the answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.\ns 137 amd 2009 No. 24 s 1457\n(sec.137-ssec.1) A witness at a hearing must not, unless the person has a reasonable excuse— fail to answer a question the person is required to answer by the presiding member; or fail to produce a document or thing the person is required to produce by notice given by the tribunal under the QCAT Act , section 97 (1) (b) . Maximum penalty—100 penalty units.\n(sec.137-ssec.2) It is not a reasonable excuse for a person to fail to answer a question because answering the question might tend to incriminate the person.\n(sec.137-ssec.3) It is not a reasonable excuse for a person to fail to produce a document or thing because producing the document or thing might tend to incriminate the person.\n(sec.137-ssec.4) However, evidence of, or directly or indirectly derived from, a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for any of the following offences— an offence against the QCAT Act , section 216 or 217 ; another offence about the falsity of the answer, document or thing; or if the answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or if the answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration, licence or approval; or if the answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.\n- (a) fail to answer a question the person is required to answer by the presiding member; or\n- (b) fail to produce a document or thing the person is required to produce by notice given by the tribunal under the QCAT Act , section 97 (1) (b) .\n- (a) a proceeding for any of the following offences— (i) an offence against the QCAT Act , section 216 or 217 ; (ii) another offence about the falsity of the answer, document or thing; or\n- (i) an offence against the QCAT Act , section 216 or 217 ;\n- (ii) another offence about the falsity of the answer, document or thing; or\n- (b) if the answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or\n- (c) if the answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration, licence or approval; or\n- (d) if the answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.\n- (i) an offence against the QCAT Act , section 216 or 217 ;\n- (ii) another offence about the falsity of the answer, document or thing; or","sortOrder":227},{"sectionNumber":"sec.138","sectionType":"section","heading":"Advice, directions and recommendations","content":"### sec.138 Advice, directions and recommendations\n\nOnce an application about a matter has been made to the tribunal, the tribunal may—\ngive advice or directions about the matter it considers appropriate; or\nmake recommendations it considers appropriate about action an active party should take.\nFor disobeying a direction of the tribunal, see the QCAT Act , section 213 (1) .\nIf the tribunal gives advice or a direction or makes a recommendation, it may also—\ncontinue with the application; or\nadjourn the application.\nThe tribunal may also give leave for an active party to apply to the tribunal for directions about implementing the recommendation.\nA guardian, administrator or attorney who acts under the tribunal’s advice, directions or recommendations is taken to have complied with this Act or the Powers of Attorney Act 1998 unless the person knowingly gave the tribunal false or misleading information relevant to the tribunal’s advice, directions or recommendations.\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive; or\na statutory health attorney.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act 1998 ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.\ns 138 amd 2003 No. 87 s 29 ; 2008 No. 54 s 12 ; 2009 No. 24 s 1458\n(sec.138-ssec.1) Once an application about a matter has been made to the tribunal, the tribunal may— give advice or directions about the matter it considers appropriate; or make recommendations it considers appropriate about action an active party should take. For disobeying a direction of the tribunal, see the QCAT Act , section 213 (1) .\n(sec.138-ssec.2) If the tribunal gives advice or a direction or makes a recommendation, it may also— continue with the application; or adjourn the application.\n(sec.138-ssec.3) The tribunal may also give leave for an active party to apply to the tribunal for directions about implementing the recommendation.\n(sec.138-ssec.4) A guardian, administrator or attorney who acts under the tribunal’s advice, directions or recommendations is taken to have complied with this Act or the Powers of Attorney Act 1998 unless the person knowingly gave the tribunal false or misleading information relevant to the tribunal’s advice, directions or recommendations.\n(sec.138-ssec.5) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.\n- (a) give advice or directions about the matter it considers appropriate; or\n- (b) make recommendations it considers appropriate about action an active party should take.\n- (a) continue with the application; or\n- (b) adjourn the application.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive; or\n- (c) a statutory health attorney.\n- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.","sortOrder":228},{"sectionNumber":"sec.138AA","sectionType":"section","heading":"Directions to former attorney","content":"### sec.138AA Directions to former attorney\n\nAt any hearing of a proceeding relating to an adult, the tribunal may give directions to a person who was formerly an attorney for a matter for the adult.\nFor disobeying a direction of the tribunal, see the QCAT Act , section 213 (1) .\nHowever—\nthe directions may only be directions the tribunal considers necessary because of the ending of the person’s appointment as attorney for the matter; and\nthe directions may relate only to a matter for which the person was appointed as attorney immediately before the appointment ended.\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive.\ns 138AA ins 2008 No. 54 s 13\namd 2009 No. 24 s 1459\n(sec.138AA-ssec.1) At any hearing of a proceeding relating to an adult, the tribunal may give directions to a person who was formerly an attorney for a matter for the adult. For disobeying a direction of the tribunal, see the QCAT Act , section 213 (1) .\n(sec.138AA-ssec.2) However— the directions may only be directions the tribunal considers necessary because of the ending of the person’s appointment as attorney for the matter; and the directions may relate only to a matter for which the person was appointed as attorney immediately before the appointment ended.\n(sec.138AA-ssec.3) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive.\n- (a) the directions may only be directions the tribunal considers necessary because of the ending of the person’s appointment as attorney for the matter; and\n- (b) the directions may relate only to a matter for which the person was appointed as attorney immediately before the appointment ended.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive.","sortOrder":229},{"sectionNumber":"sec.138A","sectionType":"section","heading":"Repeated applications for orders","content":"### sec.138A Repeated applications for orders\n\nThis section applies if the tribunal dismisses an application because it considers the application is frivolous, vexatious, misconceived or lacking in substance.\nThe QCAT Act , section 49 (2) does not apply to another application of the same kind in relation to the same matter.\ns 138A ins 2003 No. 87 s 30\nsub 2009 No. 24 s 1460\n(sec.138A-ssec.1) This section applies if the tribunal dismisses an application because it considers the application is frivolous, vexatious, misconceived or lacking in substance.\n(sec.138A-ssec.2) The QCAT Act , section 49 (2) does not apply to another application of the same kind in relation to the same matter.","sortOrder":230},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 om 2009 No. 24 s 1461","sortOrder":231},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 om 2009 No. 24 s 1461","sortOrder":232},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 om 2009 No. 24 s 1461","sortOrder":233},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 om 2009 No. 24 s 1461","sortOrder":234},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 amd 2007 No. 37 s 79\nom 2009 No. 24 s 1461","sortOrder":235},{"sectionNumber":"sec.143A","sectionType":"section","heading":null,"content":"### Section sec.143A\n\ns 143A ins 2008 No. 54 s 14\nom 2009 No. 24 s 1461","sortOrder":236},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 om 2009 No. 24 s 1461","sortOrder":237},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns 145 om 2009 No. 24 s 1461","sortOrder":238},{"sectionNumber":"ch.7-pt.4A","sectionType":"part","heading":null,"content":"","sortOrder":239},{"sectionNumber":"sec.145A","sectionType":"section","heading":null,"content":"### Section sec.145A\n\ns 145A ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":240},{"sectionNumber":"sec.145B","sectionType":"section","heading":null,"content":"### Section sec.145B\n\ns 145B ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":241},{"sectionNumber":"sec.145C","sectionType":"section","heading":null,"content":"### Section sec.145C\n\ns 145C ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":242},{"sectionNumber":"sec.145D","sectionType":"section","heading":null,"content":"### Section sec.145D\n\ns 145D ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":243},{"sectionNumber":"sec.145E","sectionType":"section","heading":null,"content":"### Section sec.145E\n\ns 145E ins 2003 No. 87 s 31\namd 2004 No. 43 s 51\nom 2009 No. 24 s 1462","sortOrder":244},{"sectionNumber":"sec.145F","sectionType":"section","heading":null,"content":"### Section sec.145F\n\ns 145F ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":245},{"sectionNumber":"sec.145G","sectionType":"section","heading":null,"content":"### Section sec.145G\n\ns 145G ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":246},{"sectionNumber":"sec.145H","sectionType":"section","heading":null,"content":"### Section sec.145H\n\ns 145H ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":247},{"sectionNumber":"sec.145I","sectionType":"section","heading":null,"content":"### Section sec.145I\n\ns 145I ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":248},{"sectionNumber":"sec.145J","sectionType":"section","heading":null,"content":"### Section sec.145J\n\ns 145J ins 2003 No. 87 s 31\nom 2009 No. 24 s 1462","sortOrder":249},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Particular proceedings or orders","content":"# Particular proceedings or orders","sortOrder":250},{"sectionNumber":"ch.7-pt.5-div.1","sectionType":"division","heading":"Declaration about capacity","content":"## Declaration about capacity","sortOrder":251},{"sectionNumber":"sec.146","sectionType":"section","heading":"Declaration about capacity","content":"### sec.146 Declaration about capacity\n\nThe tribunal may make a declaration about the capacity of an adult, guardian, administrator or attorney for a matter.\nThe tribunal may do this on its own initiative or on the application of the individual or another interested person.\nIn deciding whether an individual is capable of communicating decisions in some way, the tribunal must investigate the use of all reasonable ways of facilitating communication, including, for example, symbol boards or signing.\nSee definition capacity — schedule 4 (Dictionary).\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive; or\na statutory health attorney.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act 1998 ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.\ns 146 amd 2012 No. 37 s 51 sch\n(sec.146-ssec.1) The tribunal may make a declaration about the capacity of an adult, guardian, administrator or attorney for a matter.\n(sec.146-ssec.2) The tribunal may do this on its own initiative or on the application of the individual or another interested person.\n(sec.146-ssec.3) In deciding whether an individual is capable of communicating decisions in some way, the tribunal must investigate the use of all reasonable ways of facilitating communication, including, for example, symbol boards or signing. See definition capacity — schedule 4 (Dictionary).\n(sec.146-ssec.4) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive; or\n- (c) a statutory health attorney.\n- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.","sortOrder":252},{"sectionNumber":"sec.147","sectionType":"section","heading":"Effect of declaration about capacity to enter contract","content":"### sec.147 Effect of declaration about capacity to enter contract\n\nA declaration about whether a person had capacity to enter a contract is, in a subsequent proceeding in which the validity of the contract is in issue, evidence about the person’s capacity.","sortOrder":253},{"sectionNumber":"ch.7-pt.5-div.2","sectionType":"division","heading":"Entry and removal warrant","content":"## Entry and removal warrant","sortOrder":254},{"sectionNumber":"sec.148","sectionType":"section","heading":"Application for entry and removal warrant","content":"### sec.148 Application for entry and removal warrant\n\nAn application by the public guardian for a warrant to enter a place and to remove an adult must be sworn and state the grounds on which the warrant is sought.\nSection 118 does not apply to the application and the tribunal may issue a warrant without notice of the application having been given to the adult or any other person.\nThe tribunal may refuse to consider the application until the public guardian gives the tribunal all the information the tribunal requires about the application in the way the tribunal requires.\nThe tribunal may require additional information supporting the application be given by statutory declaration.\ns 148 amd 2009 No. 24 s 1463 ; 2014 No. 26 s 240 (1)\n(sec.148-ssec.1) An application by the public guardian for a warrant to enter a place and to remove an adult must be sworn and state the grounds on which the warrant is sought.\n(sec.148-ssec.2) Section 118 does not apply to the application and the tribunal may issue a warrant without notice of the application having been given to the adult or any other person.\n(sec.148-ssec.3) The tribunal may refuse to consider the application until the public guardian gives the tribunal all the information the tribunal requires about the application in the way the tribunal requires. The tribunal may require additional information supporting the application be given by statutory declaration.","sortOrder":255},{"sectionNumber":"sec.149","sectionType":"section","heading":"Issue of entry and removal warrant","content":"### sec.149 Issue of entry and removal warrant\n\nThe tribunal may issue a warrant only if the tribunal is satisfied there are reasonable grounds for suspecting there is an immediate risk of harm, because of neglect (including self neglect), exploitation or abuse, to an adult with impaired capacity for a matter.\nThe warrant must state—\nthat the public guardian may, with necessary and reasonable help and force, enter the place, and any other place necessary for entry, and remove the adult; and\nthat the public guardian may ask a police officer to help in the exercise of the public guardian’s powers under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\ns 149 amd 2014 No. 26 s 240\n(sec.149-ssec.1) The tribunal may issue a warrant only if the tribunal is satisfied there are reasonable grounds for suspecting there is an immediate risk of harm, because of neglect (including self neglect), exploitation or abuse, to an adult with impaired capacity for a matter.\n(sec.149-ssec.2) The warrant must state— that the public guardian may, with necessary and reasonable help and force, enter the place, and any other place necessary for entry, and remove the adult; and that the public guardian may ask a police officer to help in the exercise of the public guardian’s powers under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) that the public guardian may, with necessary and reasonable help and force, enter the place, and any other place necessary for entry, and remove the adult; and\n- (b) that the public guardian may ask a police officer to help in the exercise of the public guardian’s powers under the warrant; and\n- (c) the hours of the day or night when the place may be entered; and\n- (d) the date, within 14 days after the warrant’s issue, the warrant ends.","sortOrder":256},{"sectionNumber":"sec.150","sectionType":"section","heading":"Role of occupier if entry and removal warrant","content":"### sec.150 Role of occupier if entry and removal warrant\n\nThe public guardian may require the occupier of the place or another person at the place to help in the exercise of the public guardian’s powers under the warrant.\nWhen making the requirement, the public guardian must warn that it is an offence to fail to comply with the requirement, unless a person has a reasonable excuse.\nA person required to give reasonable help must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —100 penalty units.\ns 150 amd 2014 No. 26 s 240\n(sec.150-ssec.1) The public guardian may require the occupier of the place or another person at the place to help in the exercise of the public guardian’s powers under the warrant.\n(sec.150-ssec.2) When making the requirement, the public guardian must warn that it is an offence to fail to comply with the requirement, unless a person has a reasonable excuse.\n(sec.150-ssec.3) A person required to give reasonable help must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —100 penalty units.","sortOrder":257},{"sectionNumber":"sec.151","sectionType":"section","heading":"Reporting requirement after removal of adult","content":"### sec.151 Reporting requirement after removal of adult\n\nAs soon as practicable after the adult has been removed under the warrant, the public guardian must apply to the tribunal for the orders the public guardian considers appropriate about the following—\nthe adult’s personal welfare;\na power of attorney or advance health directive of the adult;\na guardian, administrator or attorney of the adult.\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive; or\na statutory health attorney.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act 1998 ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.\ns 151 amd 2014 No. 26 s 240 (1)\n(sec.151-ssec.1) As soon as practicable after the adult has been removed under the warrant, the public guardian must apply to the tribunal for the orders the public guardian considers appropriate about the following— the adult’s personal welfare; a power of attorney or advance health directive of the adult; a guardian, administrator or attorney of the adult.\n(sec.151-ssec.2) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.\n- (a) the adult’s personal welfare;\n- (b) a power of attorney or advance health directive of the adult;\n- (c) a guardian, administrator or attorney of the adult.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive; or\n- (c) a statutory health attorney.\n- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.","sortOrder":258},{"sectionNumber":"ch.7-pt.5-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":259},{"sectionNumber":"sec.152","sectionType":"section","heading":"Tribunal authorisation or approval","content":"### sec.152 Tribunal authorisation or approval\n\nThe tribunal may, before an administrator enters into a conflict transaction, authorise the administrator to enter into—\nthe conflict transaction; or\nconflict transactions of that type; or\nconflict transactions generally.\nUnder section 37 an administrator for an adult may enter into a conflict transaction only if the tribunal has authorised the conflict transaction.\nDespite subsection (1) , if an administrator enters into a conflict transaction that has not been authorised under subsection (1) , the tribunal may retrospectively authorise the transaction.\nA conflict transaction authorised under subsection (2) is taken to be, and always to have been, as valid as if it had been entered into under an authorisation given by the tribunal before the administrator entered into the transaction.\nTo remove any doubt, it is declared that, until the tribunal retrospectively authorises a conflict transaction under subsection (2) , an administrator who entered into the conflict transaction without the tribunal’s authorisation under subsection (1) has acted contrary to section 37 (1) .\nThe tribunal may approve an investment as an authorised investment.\ns 152 amd 2003 No. 87 s 32\nsub 2019 No. 9 s 35\n(sec.152-ssec.1) The tribunal may, before an administrator enters into a conflict transaction, authorise the administrator to enter into— the conflict transaction; or conflict transactions of that type; or conflict transactions generally. Under section 37 an administrator for an adult may enter into a conflict transaction only if the tribunal has authorised the conflict transaction.\n(sec.152-ssec.2) Despite subsection (1) , if an administrator enters into a conflict transaction that has not been authorised under subsection (1) , the tribunal may retrospectively authorise the transaction.\n(sec.152-ssec.3) A conflict transaction authorised under subsection (2) is taken to be, and always to have been, as valid as if it had been entered into under an authorisation given by the tribunal before the administrator entered into the transaction.\n(sec.152-ssec.4) To remove any doubt, it is declared that, until the tribunal retrospectively authorises a conflict transaction under subsection (2) , an administrator who entered into the conflict transaction without the tribunal’s authorisation under subsection (1) has acted contrary to section 37 (1) .\n(sec.152-ssec.5) The tribunal may approve an investment as an authorised investment.\n- (a) the conflict transaction; or\n- (b) conflict transactions of that type; or\n- (c) conflict transactions generally.","sortOrder":260},{"sectionNumber":"sec.153","sectionType":"section","heading":"Records and audit","content":"### sec.153 Records and audit\n\nThe tribunal may order an adult’s administrator or adult’s attorney for a financial matter to file in the tribunal, and serve on the applicant, a summary of receipts and expenditure for the adult or more detailed accounts of dealings and transactions for the adult.\nThe tribunal may—\norder that the summary or accounts filed be audited by an auditor appointed by the tribunal and a copy of the auditor’s report be given to the tribunal and the applicant; and\nmake an order about payment of the auditor’s costs.\nThe tribunal may make an order under subsection (1) or (2) on its own initiative or on the application of the adult or another interested person.\nThis section applies even if—\nthe administrator’s appointment has ended; or\nthe enduring power of attorney has been revoked; or\nthe adult has died.\nIn this section—\nattorney means an attorney under an enduring power of attorney.\ns 153 amd 2019 No. 9 s 36\n(sec.153-ssec.1) The tribunal may order an adult’s administrator or adult’s attorney for a financial matter to file in the tribunal, and serve on the applicant, a summary of receipts and expenditure for the adult or more detailed accounts of dealings and transactions for the adult.\n(sec.153-ssec.2) The tribunal may— order that the summary or accounts filed be audited by an auditor appointed by the tribunal and a copy of the auditor’s report be given to the tribunal and the applicant; and make an order about payment of the auditor’s costs.\n(sec.153-ssec.3) The tribunal may make an order under subsection (1) or (2) on its own initiative or on the application of the adult or another interested person.\n(sec.153-ssec.4) This section applies even if— the administrator’s appointment has ended; or the enduring power of attorney has been revoked; or the adult has died.\n(sec.153-ssec.5) In this section— attorney means an attorney under an enduring power of attorney.\n- (a) order that the summary or accounts filed be audited by an auditor appointed by the tribunal and a copy of the auditor’s report be given to the tribunal and the applicant; and\n- (b) make an order about payment of the auditor’s costs.\n- (a) the administrator’s appointment has ended; or\n- (b) the enduring power of attorney has been revoked; or\n- (c) the adult has died.","sortOrder":261},{"sectionNumber":"sec.154","sectionType":"section","heading":"Ratification or approval of exercise of power by informal decision-maker","content":"### sec.154 Ratification or approval of exercise of power by informal decision-maker\n\nThe tribunal may, by order, ratify an exercise of power, or approve a proposed exercise of power, for a matter by an informal decision-maker for an adult with impaired capacity for the matter.\nThe tribunal may only approve or ratify the exercise of power for a matter if—\nit considers the informal decision-maker proposes to act, or has acted, honestly and with reasonable diligence; and\nthe matter is not a special personal matter, a health matter or a special health matter.\nThe tribunal may make the order on its own initiative or on the application of the adult or informal decision-maker.\nIf the tribunal approves or ratifies the exercise of power for an adult for a matter—\nthe exercise of power is as effective as if the power were exercised by the adult and the adult had capacity for the matter when the power is or was exercised; and\nthe informal decision-maker does not incur any liability, either to the adult or anyone else, for the exercise of power.\nIn this section—\ninformal decision-maker , for a matter for an adult, means a person who is—\na member of the adult’s support network; and\nnot an attorney under an enduring document, administrator or guardian for the adult for the matter.\n(sec.154-ssec.1) The tribunal may, by order, ratify an exercise of power, or approve a proposed exercise of power, for a matter by an informal decision-maker for an adult with impaired capacity for the matter.\n(sec.154-ssec.2) The tribunal may only approve or ratify the exercise of power for a matter if— it considers the informal decision-maker proposes to act, or has acted, honestly and with reasonable diligence; and the matter is not a special personal matter, a health matter or a special health matter.\n(sec.154-ssec.3) The tribunal may make the order on its own initiative or on the application of the adult or informal decision-maker.\n(sec.154-ssec.4) If the tribunal approves or ratifies the exercise of power for an adult for a matter— the exercise of power is as effective as if the power were exercised by the adult and the adult had capacity for the matter when the power is or was exercised; and the informal decision-maker does not incur any liability, either to the adult or anyone else, for the exercise of power.\n(sec.154-ssec.5) In this section— informal decision-maker , for a matter for an adult, means a person who is— a member of the adult’s support network; and not an attorney under an enduring document, administrator or guardian for the adult for the matter.\n- (a) it considers the informal decision-maker proposes to act, or has acted, honestly and with reasonable diligence; and\n- (b) the matter is not a special personal matter, a health matter or a special health matter.\n- (a) the exercise of power is as effective as if the power were exercised by the adult and the adult had capacity for the matter when the power is or was exercised; and\n- (b) the informal decision-maker does not incur any liability, either to the adult or anyone else, for the exercise of power.\n- (a) a member of the adult’s support network; and\n- (b) not an attorney under an enduring document, administrator or guardian for the adult for the matter.","sortOrder":262},{"sectionNumber":"sec.155","sectionType":"section","heading":"Suspension of guardianship order or administration order","content":"### sec.155 Suspension of guardianship order or administration order\n\nThe tribunal may, by order, suspend the operation of all or some of the power of a guardian or administrator (an appointee ) for an adult if the tribunal suspects, on reasonable grounds, that the appointed person is not competent.\nAn appointee is not competent if, for example—\na relevant interest of the adult has not been, or is not being, adequately protected; or\nthe appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or\nthe appointee has otherwise contravened this Act.\nThe tribunal may make an order under subsection (1) in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act.\nThe suspension may not be for more than 3 months.\nDuring the suspension of the operation of power of a guardian, the public guardian is taken to be the guardian for the adult for the exercise of the suspended power.\nDuring the suspension of the operation of power of an administrator, the public trustee is taken to be the administrator for the adult for the exercise of the suspended power.\ns 155 amd 2014 No. 26 s 240 (1)\n(sec.155-ssec.1) The tribunal may, by order, suspend the operation of all or some of the power of a guardian or administrator (an appointee ) for an adult if the tribunal suspects, on reasonable grounds, that the appointed person is not competent.\n(sec.155-ssec.2) An appointee is not competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or the appointee has otherwise contravened this Act.\n(sec.155-ssec.3) The tribunal may make an order under subsection (1) in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act.\n(sec.155-ssec.4) The suspension may not be for more than 3 months.\n(sec.155-ssec.5) During the suspension of the operation of power of a guardian, the public guardian is taken to be the guardian for the adult for the exercise of the suspended power.\n(sec.155-ssec.6) During the suspension of the operation of power of an administrator, the public trustee is taken to be the administrator for the adult for the exercise of the suspended power.\n- (a) a relevant interest of the adult has not been, or is not being, adequately protected; or\n- (b) the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or\n- (c) the appointee has otherwise contravened this Act.","sortOrder":263},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Decision","content":"# Decision","sortOrder":264},{"sectionNumber":"sec.156","sectionType":"section","heading":"Making and notifying decision","content":"### sec.156 Making and notifying decision\n\nThis section does not apply in relation to the making of a limitation order.\nIn relation to the making of a limitation order, see section 112 .\nSubject to section 157 , as soon as practicable after making its decision, the tribunal must notify, and give a copy of its decision to, each relevant person.\nThe tribunal must also give a copy of its decision to anyone else who requests a copy.\nFor subsection (3) , it is sufficient for the tribunal to give a copy of the decision in a form that does not contravene section 114A .\nIf the tribunal’s decision does not include its reasons, the tribunal must give each relevant person a written notice stating that the relevant person may request the tribunal to give written reasons for its decision under the QCAT Act , section 122 .\nThe QCAT Act , section 122 applies to a request made by a relevant person for written reasons as if a reference in that section to a party to the proceeding were a reference to a relevant person.\nIn this section—\nrelevant person means—\nthe adult concerned in the matter; or\nanother active party in the proceeding; or\nanother person given notice of the hearing of the application.\ns 156 sub 2008 No. 54 s 15 ; 2009 No. 24 s 1464\n(sec.156-ssec.1) This section does not apply in relation to the making of a limitation order. In relation to the making of a limitation order, see section 112 .\n(sec.156-ssec.2) Subject to section 157 , as soon as practicable after making its decision, the tribunal must notify, and give a copy of its decision to, each relevant person.\n(sec.156-ssec.3) The tribunal must also give a copy of its decision to anyone else who requests a copy.\n(sec.156-ssec.4) For subsection (3) , it is sufficient for the tribunal to give a copy of the decision in a form that does not contravene section 114A .\n(sec.156-ssec.5) If the tribunal’s decision does not include its reasons, the tribunal must give each relevant person a written notice stating that the relevant person may request the tribunal to give written reasons for its decision under the QCAT Act , section 122 .\n(sec.156-ssec.6) The QCAT Act , section 122 applies to a request made by a relevant person for written reasons as if a reference in that section to a party to the proceeding were a reference to a relevant person.\n(sec.156-ssec.7) In this section— relevant person means— the adult concerned in the matter; or another active party in the proceeding; or another person given notice of the hearing of the application.\n- (a) the adult concerned in the matter; or\n- (b) another active party in the proceeding; or\n- (c) another person given notice of the hearing of the application.","sortOrder":265},{"sectionNumber":"sec.157","sectionType":"section","heading":"Order postponing giving copy of decision","content":"### sec.157 Order postponing giving copy of decision\n\nThe tribunal may, by order (a postponement order ), postpone notifying, and giving a copy of its decision to, a particular person under section 156 .\nThe tribunal may make a postponement order only if the tribunal is satisfied, on reasonable grounds, that making the order is necessary to avoid—\nserious harm to a person; or\nthe effect of the decision being defeated.\nA postponement order has effect for the period specified in the order.\nThe maximum period that may be specified in a postponement order is 14 days.\nA postponement order may be renewed, but only if the tribunal is satisfied there are exceptional circumstances justifying the renewal.\ns 157 amd 2007 No. 37 s 80\nsub 2008 No. 54 s 15 ; 2009 No. 24 s 1464\n(sec.157-ssec.1) The tribunal may, by order (a postponement order ), postpone notifying, and giving a copy of its decision to, a particular person under section 156 .\n(sec.157-ssec.2) The tribunal may make a postponement order only if the tribunal is satisfied, on reasonable grounds, that making the order is necessary to avoid— serious harm to a person; or the effect of the decision being defeated.\n(sec.157-ssec.3) A postponement order has effect for the period specified in the order.\n(sec.157-ssec.4) The maximum period that may be specified in a postponement order is 14 days.\n(sec.157-ssec.5) A postponement order may be renewed, but only if the tribunal is satisfied there are exceptional circumstances justifying the renewal.\n- (a) serious harm to a person; or\n- (b) the effect of the decision being defeated.","sortOrder":266},{"sectionNumber":"sec.158","sectionType":"section","heading":"Copy of reasons to be given","content":"### sec.158 Copy of reasons to be given\n\nThis section does not apply in relation to a decision to make a limitation order.\nIn relation to a decision to make a limitation order, see section 113 .\nThis section applies if the tribunal gives written reasons for its decision on an application about a matter.\nThe tribunal must give a copy of the written reasons to—\nthe adult concerned in the matter; and\neach other active party in the proceeding.\nThe tribunal must also give a copy of its written reasons to anyone else who requests a copy.\nFor subsection (4) , it is sufficient for the tribunal to give a copy of the written reasons in a form that does not contravene section 114A .\ns 158 sub 2008 No. 54 s 15 ; 2009 No. 24 s 1464\n(sec.158-ssec.1) This section does not apply in relation to a decision to make a limitation order. In relation to a decision to make a limitation order, see section 113 .\n(sec.158-ssec.2) This section applies if the tribunal gives written reasons for its decision on an application about a matter.\n(sec.158-ssec.3) The tribunal must give a copy of the written reasons to— the adult concerned in the matter; and each other active party in the proceeding.\n(sec.158-ssec.4) The tribunal must also give a copy of its written reasons to anyone else who requests a copy.\n(sec.158-ssec.5) For subsection (4) , it is sufficient for the tribunal to give a copy of the written reasons in a form that does not contravene section 114A .\n- (a) the adult concerned in the matter; and\n- (b) each other active party in the proceeding.","sortOrder":267},{"sectionNumber":"sec.158A","sectionType":"section","heading":null,"content":"### Section sec.158A\n\ns 158A ins 2008 No. 54 s 15\nom 2009 No. 24 s 1464","sortOrder":268},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 om 2009 No. 24 s 1464","sortOrder":269},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":270},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 om 2009 No. 24 s 1465\namd 2010 No. 2 s 96 sch 1 amdt 3 (amdt could not be given effect)","sortOrder":271},{"sectionNumber":"sec.161","sectionType":"section","heading":null,"content":"### Section sec.161\n\ns 161 om 2009 No. 24 s 1465","sortOrder":272},{"sectionNumber":"sec.162","sectionType":"section","heading":null,"content":"### Section sec.162\n\ns 162 om 2009 No. 24 s 1465","sortOrder":273},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":"Appeal","content":"# Appeal","sortOrder":274},{"sectionNumber":"sec.163","sectionType":"section","heading":"Appellant","content":"### sec.163 Appellant\n\nAn eligible person may appeal against a tribunal decision, other than a non-appellable decision, in a proceeding as provided under the QCAT Act and for that purpose the person is taken to be a party to the proceeding.\nSee also section 101 .\nA non-appellable decision can not be appealed under the QCAT Act .\nIn this section—\neligible person —\nmeans—\nthe person whose capacity for a matter was under consideration in the proceeding; or\nthe applicant in the proceeding; or\na person proposed for appointment by the proceeding; or\na person whose power as guardian, administrator or attorney was changed or removed by the tribunal decision; or\nthe public guardian; or\nthe public trustee; or\nthe Attorney-General; or\na person given leave to appeal by the appeal tribunal, or the Court of Appeal, under the QCAT Act ; and\nfor a tribunal decision to make a limitation order, other than a non-appellable decision, also means an active party, or an entity adversely affected by the limitation order.\nnon-appellable decision means a tribunal decision to make a limitation order under section 110 .\ns 163 amd 2003 No. 87 s 33\nsub 2009 No. 24 s 1466 (amd 2009 No. 48 s 106 )\namd 2014 No. 26 s 240 (1)\n(sec.163-ssec.1) An eligible person may appeal against a tribunal decision, other than a non-appellable decision, in a proceeding as provided under the QCAT Act and for that purpose the person is taken to be a party to the proceeding. See also section 101 .\n(sec.163-ssec.2) A non-appellable decision can not be appealed under the QCAT Act .\n(sec.163-ssec.3) In this section— eligible person — means— the person whose capacity for a matter was under consideration in the proceeding; or the applicant in the proceeding; or a person proposed for appointment by the proceeding; or a person whose power as guardian, administrator or attorney was changed or removed by the tribunal decision; or the public guardian; or the public trustee; or the Attorney-General; or a person given leave to appeal by the appeal tribunal, or the Court of Appeal, under the QCAT Act ; and for a tribunal decision to make a limitation order, other than a non-appellable decision, also means an active party, or an entity adversely affected by the limitation order. non-appellable decision means a tribunal decision to make a limitation order under section 110 .\n- (a) means— (i) the person whose capacity for a matter was under consideration in the proceeding; or (ii) the applicant in the proceeding; or (iii) a person proposed for appointment by the proceeding; or (iv) a person whose power as guardian, administrator or attorney was changed or removed by the tribunal decision; or (v) the public guardian; or (vi) the public trustee; or (vii) the Attorney-General; or (viii) a person given leave to appeal by the appeal tribunal, or the Court of Appeal, under the QCAT Act ; and\n- (i) the person whose capacity for a matter was under consideration in the proceeding; or\n- (ii) the applicant in the proceeding; or\n- (iii) a person proposed for appointment by the proceeding; or\n- (iv) a person whose power as guardian, administrator or attorney was changed or removed by the tribunal decision; or\n- (v) the public guardian; or\n- (vi) the public trustee; or\n- (vii) the Attorney-General; or\n- (viii) a person given leave to appeal by the appeal tribunal, or the Court of Appeal, under the QCAT Act ; and\n- (b) for a tribunal decision to make a limitation order, other than a non-appellable decision, also means an active party, or an entity adversely affected by the limitation order.\n- (i) the person whose capacity for a matter was under consideration in the proceeding; or\n- (ii) the applicant in the proceeding; or\n- (iii) a person proposed for appointment by the proceeding; or\n- (iv) a person whose power as guardian, administrator or attorney was changed or removed by the tribunal decision; or\n- (v) the public guardian; or\n- (vi) the public trustee; or\n- (vii) the Attorney-General; or\n- (viii) a person given leave to appeal by the appeal tribunal, or the Court of Appeal, under the QCAT Act ; and","sortOrder":275},{"sectionNumber":"sec.164","sectionType":"section","heading":"Filing notice of appeal in particular circumstances","content":"### sec.164 Filing notice of appeal in particular circumstances\n\nIf the tribunal makes 1 or more orders under section 157 postponing notifying, and giving a copy of, its decision for a specified period, the notice of appeal may be filed within 28 days after the later of the following days—\nthe last day of the specified period or periods;\nthe date of the written reasons for the tribunal’s decision.\ns 164 amd 2003 No. 87 s 34 ; 2008 No. 54 s 16\nsub 2009 No. 24 s 1466\n- (a) the last day of the specified period or periods;\n- (b) the date of the written reasons for the tribunal’s decision.","sortOrder":276},{"sectionNumber":"sec.164A","sectionType":"section","heading":null,"content":"### Section sec.164A\n\ns 164A ins 2003 No. 87 s 35\namd 2008 No. 54 s 17\nom 2009 No. 24 s 1466","sortOrder":277},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\ns 165 om 2009 No. 24 s 1466","sortOrder":278},{"sectionNumber":"ch.7-pt.9","sectionType":"part","heading":"Recognition of order made under another law","content":"# Recognition of order made under another law","sortOrder":279},{"sectionNumber":"sec.166","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.166 Definitions for pt 9\n\nIn this part—\nrecognised provision means a provision, Act or law prescribed under a regulation for section 167 .\nregistrable order means an order made under a recognised provision.","sortOrder":280},{"sectionNumber":"sec.167","sectionType":"section","heading":"Regulation prescribing recognised provision","content":"### sec.167 Regulation prescribing recognised provision\n\nIf an Act, or provision of an Act, of the Commonwealth or another State, or a law, or provision of a law, of a foreign jurisdiction, allows an order to be made that is similar to an order that may be made under this Act or the Powers of Attorney Act 1998 , the provision, Act or law may be prescribed under a regulation for this section.","sortOrder":281},{"sectionNumber":"sec.168","sectionType":"section","heading":"Application to register","content":"### sec.168 Application to register\n\nA person may apply to the tribunal to register a registrable order.","sortOrder":282},{"sectionNumber":"sec.169","sectionType":"section","heading":"Registration","content":"### sec.169 Registration\n\nThe tribunal may register a registrable order only if the original order or a certified copy of the order has been filed with the tribunal.","sortOrder":283},{"sectionNumber":"sec.170","sectionType":"section","heading":"Effect of registration","content":"### sec.170 Effect of registration\n\nThe effect of registration of a registrable order is the order is treated, other than for an appeal, as if it were an order made by the tribunal.","sortOrder":284},{"sectionNumber":"sec.171","sectionType":"section","heading":"Notice of registration and subsequent action to original maker","content":"### sec.171 Notice of registration and subsequent action to original maker\n\nAs soon as reasonably practicable after registering a registrable order, the tribunal must advise the entity that originally made the order of the registration.\nAs soon as reasonably practicable after the tribunal takes any subsequent action about the order, including, for example, making a further order, the tribunal must advise the entity that originally made the order of the action.\n(sec.171-ssec.1) As soon as reasonably practicable after registering a registrable order, the tribunal must advise the entity that originally made the order of the registration.\n(sec.171-ssec.2) As soon as reasonably practicable after the tribunal takes any subsequent action about the order, including, for example, making a further order, the tribunal must advise the entity that originally made the order of the action.","sortOrder":285},{"sectionNumber":"ch.7-pt.10","sectionType":"part","heading":null,"content":"","sortOrder":286},{"sectionNumber":"sec.172","sectionType":"section","heading":null,"content":"### Section sec.172\n\ns 172 amd 2007 No. 37 s 81\nom 2009 No. 24 s 1467","sortOrder":287},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":288},{"sectionNumber":"sec.173","sectionType":"section","heading":null,"content":"### Section sec.173\n\ns 173 amd 2012 No. 37 s 51 sch\nom 2014 No. 26 s 242","sortOrder":289},{"sectionNumber":"sec.174","sectionType":"section","heading":null,"content":"### Section sec.174\n\ns 174 amd 2003 No. 87 s 36 ; 2008 No. 23 s 26\nom 2014 No. 26 s 242","sortOrder":290},{"sectionNumber":"sec.175","sectionType":"section","heading":null,"content":"### Section sec.175\n\ns 175 om 2014 No. 26 s 242","sortOrder":291},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 om 2014 No. 26 s 242","sortOrder":292},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 amd 2010 No. 2 s 96 sch 1\nom 2014 No. 26 s 242","sortOrder":293},{"sectionNumber":"sec.178","sectionType":"section","heading":null,"content":"### Section sec.178\n\ns 178 om 2014 No. 26 s 242","sortOrder":294},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 om 2014 No. 26 s 242","sortOrder":295},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":296},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 om 2014 No. 26 s 242","sortOrder":297},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 om 2014 No. 26 s 242","sortOrder":298},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 amd 2010 No. 2 s 96 sch 1\nom 2014 No. 26 s 242","sortOrder":299},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 amd 2003 No. 87 s 37 ; 2010 No. 2 s 96 sch 1\nom 2014 No. 26 s 242","sortOrder":300},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 om 2014 No. 26 s 242","sortOrder":301},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 amd 2012 No. 37 s 51 sch\nom 2014 No. 26 s 242","sortOrder":302},{"sectionNumber":"sec.186","sectionType":"section","heading":null,"content":"### Section sec.186\n\ns 186 amd 2012 No. 37 s 51 sch\nom 2014 No. 26 s 242","sortOrder":303},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 om 2014 No. 26 s 242","sortOrder":304},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 om 2014 No. 26 s 242","sortOrder":305},{"sectionNumber":"sec.189","sectionType":"section","heading":null,"content":"### Section sec.189\n\ns 189 om 2014 No. 26 s 242","sortOrder":306},{"sectionNumber":"sec.190","sectionType":"section","heading":null,"content":"### Section sec.190\n\ns 190 om 2014 No. 26 s 242","sortOrder":307},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 om 2014 No. 26 s 242","sortOrder":308},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 om 2014 No. 26 s 242","sortOrder":309},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 sub 2008 No. 54 s 18\nom 2014 No. 26 s 242","sortOrder":310},{"sectionNumber":"sec.193A","sectionType":"section","heading":null,"content":"### Section sec.193A\n\ns 193A ins 2008 No. 54 s 18\nom 2014 No. 26 s 242","sortOrder":311},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":312},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 om 2014 No. 26 s 242","sortOrder":313},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 om 2014 No. 26 s 242","sortOrder":314},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 om 2014 No. 26 s 242","sortOrder":315},{"sectionNumber":"sec.197","sectionType":"section","heading":null,"content":"### Section sec.197\n\ns 197 amd 2012 No. 37 s 51 sch\nom 2014 No. 26 s 242","sortOrder":316},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 amd 2001 No. 95 s 14 ; 2012 No. 37 s 51 sch\nom 2014 No. 26 s 242","sortOrder":317},{"sectionNumber":"ch.8-pt.3A","sectionType":"part","heading":null,"content":"","sortOrder":318},{"sectionNumber":"sec.198A","sectionType":"section","heading":null,"content":"### Section sec.198A\n\ns 198A ins 2003 No. 87 s 38\namd 2012 No. 37 s 51 sch\nom 2014 No. 26 s 242","sortOrder":319},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":320},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 om 2014 No. 26 s 242","sortOrder":321},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 amd 2007 No. 3 s 41\nom 2014 No. 26 s 242","sortOrder":322},{"sectionNumber":"sec.201","sectionType":"section","heading":null,"content":"### Section sec.201\n\ns 201 amd 2010 No. 2 s 96 sch 1\nom 2014 No. 26 s 242","sortOrder":323},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 om 2014 No. 26 s 242","sortOrder":324},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 om 2014 No. 26 s 242","sortOrder":325},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 om 2014 No. 26 s 242","sortOrder":326},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 amd 2009 No. 25 s 83 sch\nom 2014 No. 26 s 242","sortOrder":327},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 om 2014 No. 26 s 242","sortOrder":328},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 amd 2009 No. 9 s 136 sch 1\nom 2014 No. 26 s 242","sortOrder":329},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Establishment, functions and powers","content":"# Establishment, functions and powers","sortOrder":330},{"sectionNumber":"sec.207A","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.207A Definitions for pt 1\n\nIn this part—\nconfidential information see section 246 .\ninformation includes confidential information.\ns 207A ins 2012 No. 37 s 4","sortOrder":331},{"sectionNumber":"sec.208","sectionType":"section","heading":"Public advocate","content":"### sec.208 Public advocate\n\nThere must be a Public Advocate.","sortOrder":332},{"sectionNumber":"sec.209","sectionType":"section","heading":"Functions—systemic advocacy","content":"### sec.209 Functions—systemic advocacy\n\nThe public advocate has the following functions—\npromoting and protecting the rights of adults with impaired capacity for a matter;\npromoting the protection of the adults from neglect, exploitation or abuse;\nencouraging the development of programs to help the adults to reach the greatest practicable degree of autonomy;\npromoting the provision of services and facilities for the adults;\nmonitoring and reviewing the delivery of services and facilities to the adults.\nHowever, it is not the function of the public advocate to investigate a complaint or allegation that concerns a particular adult with impaired capacity for a matter.\ns 209 amd 2012 No. 37 s 5\n(sec.209-ssec.1) The public advocate has the following functions— promoting and protecting the rights of adults with impaired capacity for a matter; promoting the protection of the adults from neglect, exploitation or abuse; encouraging the development of programs to help the adults to reach the greatest practicable degree of autonomy; promoting the provision of services and facilities for the adults; monitoring and reviewing the delivery of services and facilities to the adults.\n(sec.209-ssec.2) However, it is not the function of the public advocate to investigate a complaint or allegation that concerns a particular adult with impaired capacity for a matter.\n- (a) promoting and protecting the rights of adults with impaired capacity for a matter;\n- (b) promoting the protection of the adults from neglect, exploitation or abuse;\n- (c) encouraging the development of programs to help the adults to reach the greatest practicable degree of autonomy;\n- (d) promoting the provision of services and facilities for the adults;\n- (e) monitoring and reviewing the delivery of services and facilities to the adults.","sortOrder":333},{"sectionNumber":"sec.209A","sectionType":"section","heading":"Report about systemic matter","content":"### sec.209A Report about systemic matter\n\nThe public advocate may—\nprepare a report about a matter arising from the performance of the public advocate’s functions under this Act; and\ngive a copy of the report to the Minister.\nThe report must not contain confidential information that is likely to result in the identification, by a member of the public, of an adult with impaired capacity to whom the information relates.\nIf the public advocate proposes to include information adverse to a person in the report—\nthe public advocate must not include the information in the report unless, before the report is prepared, the public advocate gives the person an opportunity to make submissions about the information; and\nif the person makes submissions and the public advocate still proposes to include the information in the report, the public advocate must ensure the person’s submissions are fairly stated in the report.\nThe Minister must table a copy of the report in the Legislative Assembly within 5 sitting days after receiving the report.\ns 209A ins 2012 No. 37 s 6\n(sec.209A-ssec.1) The public advocate may— prepare a report about a matter arising from the performance of the public advocate’s functions under this Act; and give a copy of the report to the Minister.\n(sec.209A-ssec.2) The report must not contain confidential information that is likely to result in the identification, by a member of the public, of an adult with impaired capacity to whom the information relates.\n(sec.209A-ssec.3) If the public advocate proposes to include information adverse to a person in the report— the public advocate must not include the information in the report unless, before the report is prepared, the public advocate gives the person an opportunity to make submissions about the information; and if the person makes submissions and the public advocate still proposes to include the information in the report, the public advocate must ensure the person’s submissions are fairly stated in the report.\n(sec.209A-ssec.4) The Minister must table a copy of the report in the Legislative Assembly within 5 sitting days after receiving the report.\n- (a) prepare a report about a matter arising from the performance of the public advocate’s functions under this Act; and\n- (b) give a copy of the report to the Minister.\n- (a) the public advocate must not include the information in the report unless, before the report is prepared, the public advocate gives the person an opportunity to make submissions about the information; and\n- (b) if the person makes submissions and the public advocate still proposes to include the information in the report, the public advocate must ensure the person’s submissions are fairly stated in the report.","sortOrder":334},{"sectionNumber":"sec.210","sectionType":"section","heading":"Powers","content":"### sec.210 Powers\n\nThe public advocate may do all things necessary or convenient to be done to perform the public advocate’s functions.\nThe public advocate may intervene in a proceeding before a court or tribunal, or in an official inquiry, involving protection of the rights or interests of adults with impaired capacity for a matter.\nHowever, intervention requires the leave of the court, tribunal or person in charge of the inquiry and is subject to the terms imposed by the court, tribunal or person in charge of the inquiry.\n(sec.210-ssec.1) The public advocate may do all things necessary or convenient to be done to perform the public advocate’s functions.\n(sec.210-ssec.2) The public advocate may intervene in a proceeding before a court or tribunal, or in an official inquiry, involving protection of the rights or interests of adults with impaired capacity for a matter.\n(sec.210-ssec.3) However, intervention requires the leave of the court, tribunal or person in charge of the inquiry and is subject to the terms imposed by the court, tribunal or person in charge of the inquiry.","sortOrder":335},{"sectionNumber":"sec.210A","sectionType":"section","heading":"Right to information","content":"### sec.210A Right to information\n\nFor performing the public advocate’s functions, the public advocate has a right to all information—\nnecessary to monitor and review the delivery of services and facilities to adults with impaired capacity for a matter; and\nabout the arrangements for the provision of services and facilities to a class of the adults; and\nabout the policies and procedures of a service or facility that relate to the provision of services and facilities to the adults.\nThe public advocate may, by written notice given to a person who has custody or control of the information, require the person, within a stated reasonable time—\nto give the information to the public advocate; and\nif the information is contained in a document—to allow the public advocate to inspect the document and take a copy of it.\nThe notice must state the purpose for making the requirement.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for a person to fail to comply with the notice because, for example, complying with the notice—\nmight tend to incriminate the person; or\nwould require the person to disclose information that is the subject of legal professional privilege.\nDespite subsection (2) , the public advocate must not give a notice to any of the following people—\nan adult with impaired capacity for a matter;\na family member or close friend of the adult who is a member of the adult’s support network.\ns 210A ins 2012 No. 37 s 7\n(sec.210A-ssec.1) For performing the public advocate’s functions, the public advocate has a right to all information— necessary to monitor and review the delivery of services and facilities to adults with impaired capacity for a matter; and about the arrangements for the provision of services and facilities to a class of the adults; and about the policies and procedures of a service or facility that relate to the provision of services and facilities to the adults.\n(sec.210A-ssec.2) The public advocate may, by written notice given to a person who has custody or control of the information, require the person, within a stated reasonable time— to give the information to the public advocate; and if the information is contained in a document—to allow the public advocate to inspect the document and take a copy of it.\n(sec.210A-ssec.3) The notice must state the purpose for making the requirement.\n(sec.210A-ssec.4) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.210A-ssec.5) It is a reasonable excuse for a person to fail to comply with the notice because, for example, complying with the notice— might tend to incriminate the person; or would require the person to disclose information that is the subject of legal professional privilege.\n(sec.210A-ssec.6) Despite subsection (2) , the public advocate must not give a notice to any of the following people— an adult with impaired capacity for a matter; a family member or close friend of the adult who is a member of the adult’s support network.\n- (a) necessary to monitor and review the delivery of services and facilities to adults with impaired capacity for a matter; and\n- (b) about the arrangements for the provision of services and facilities to a class of the adults; and\n- (c) about the policies and procedures of a service or facility that relate to the provision of services and facilities to the adults.\n- (a) to give the information to the public advocate; and\n- (b) if the information is contained in a document—to allow the public advocate to inspect the document and take a copy of it.\n- (a) might tend to incriminate the person; or\n- (b) would require the person to disclose information that is the subject of legal professional privilege.\n- (a) an adult with impaired capacity for a matter;\n- (b) a family member or close friend of the adult who is a member of the adult’s support network.","sortOrder":336},{"sectionNumber":"sec.210B","sectionType":"section","heading":"Offence to publish confidential information","content":"### sec.210B Offence to publish confidential information\n\nThis section applies to information given to, or inspected or copied by, the public advocate under section 210A to the extent the information comprises confidential information.\nThe public advocate or a member of the public advocate’s staff must not, without reasonable excuse, publish the information to the public if the publication is likely to result in the identification, by a member of the public, of a person to whom the information relates.\nMaximum penalty—200 penalty units.\ns 210B ins 2012 No. 37 s 7\n(sec.210B-ssec.1) This section applies to information given to, or inspected or copied by, the public advocate under section 210A to the extent the information comprises confidential information.\n(sec.210B-ssec.2) The public advocate or a member of the public advocate’s staff must not, without reasonable excuse, publish the information to the public if the publication is likely to result in the identification, by a member of the public, of a person to whom the information relates. Maximum penalty—200 penalty units.","sortOrder":337},{"sectionNumber":"sec.211","sectionType":"section","heading":"Not under Ministerial control","content":"### sec.211 Not under Ministerial control\n\nIn performing the public advocate’s functions and exercising the public advocate’s powers, the public advocate is not under the control or direction of the Minister.","sortOrder":338},{"sectionNumber":"sec.212","sectionType":"section","heading":"Delegation","content":"### sec.212 Delegation\n\nThe public advocate may delegate the public advocate’s powers to an appropriately qualified member of the public advocate’s staff.\nIn this section—\nappropriately qualified , for a person to whom a power under an Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.\na person’s level of authority\n(sec.212-ssec.1) The public advocate may delegate the public advocate’s powers to an appropriately qualified member of the public advocate’s staff.\n(sec.212-ssec.2) In this section— appropriately qualified , for a person to whom a power under an Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. a person’s level of authority","sortOrder":339},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Administrative provisions","content":"# Administrative provisions","sortOrder":340},{"sectionNumber":"sec.213","sectionType":"section","heading":"Appointment","content":"### sec.213 Appointment\n\nThe Governor in Council must appoint the public advocate.\nThe appointment must be on a full-time basis.\nA person is eligible for appointment as public advocate only if the person has demonstrated commitment to advocacy for people with impaired capacity for a matter.\nA person may not hold office as public advocate while the person holds office as public guardian or public trustee.\nThe public advocate is appointed under this Act and not under the Public Sector Act 2022 .\ns 213 amd 2014 No. 26 s 240 (1) ; 2019 No. 9 s 37 ; 2022 No. 34 s 365 sch 3\n(sec.213-ssec.1) The Governor in Council must appoint the public advocate.\n(sec.213-ssec.2) The appointment must be on a full-time basis.\n(sec.213-ssec.3) A person is eligible for appointment as public advocate only if the person has demonstrated commitment to advocacy for people with impaired capacity for a matter.\n(sec.213-ssec.4) A person may not hold office as public advocate while the person holds office as public guardian or public trustee.\n(sec.213-ssec.5) The public advocate is appointed under this Act and not under the Public Sector Act 2022 .","sortOrder":341},{"sectionNumber":"sec.214","sectionType":"section","heading":"Selection","content":"### sec.214 Selection\n\nFor selecting a person for recommendation for appointment as public advocate, the Minister must advertise for applications from appropriately qualified persons to be considered for selection.\nThe Minister may recommend to the Governor in Council a person for appointment as public advocate only if subsection (1) has been complied with for the appointment.\nSubsections (1) and (2) do not apply to the reappointment of a person as the public advocate.\ns 214 amd 2007 No. 3 s 42\n(sec.214-ssec.1) For selecting a person for recommendation for appointment as public advocate, the Minister must advertise for applications from appropriately qualified persons to be considered for selection.\n(sec.214-ssec.2) The Minister may recommend to the Governor in Council a person for appointment as public advocate only if subsection (1) has been complied with for the appointment.\n(sec.214-ssec.3) Subsections (1) and (2) do not apply to the reappointment of a person as the public advocate.","sortOrder":342},{"sectionNumber":"sec.215","sectionType":"section","heading":"Duration of appointment","content":"### sec.215 Duration of appointment\n\nThe public advocate holds office for a term of not longer than 5 years.\nThe public advocate may be reappointed—see the Acts Interpretation Act 1954 , section 25 (1) (c) .\nThe office of public advocate becomes vacant if the public advocate resigns by signed notice of resignation given to the Minister.\nThe Governor in Council may remove the public advocate from office for—\nphysical or mental incapacity to satisfactorily perform official duties; or\nneglect of duty; or\ndishonourable conduct; or\nbeing found guilty of an offence the Minister considers makes the person inappropriate to perform official duties.\ns 215 amd 2010 No. 2 s 96 sch 1\n(sec.215-ssec.1) The public advocate holds office for a term of not longer than 5 years. The public advocate may be reappointed—see the Acts Interpretation Act 1954 , section 25 (1) (c) .\n(sec.215-ssec.2) The office of public advocate becomes vacant if the public advocate resigns by signed notice of resignation given to the Minister.\n(sec.215-ssec.3) The Governor in Council may remove the public advocate from office for— physical or mental incapacity to satisfactorily perform official duties; or neglect of duty; or dishonourable conduct; or being found guilty of an offence the Minister considers makes the person inappropriate to perform official duties.\n- (a) physical or mental incapacity to satisfactorily perform official duties; or\n- (b) neglect of duty; or\n- (c) dishonourable conduct; or\n- (d) being found guilty of an offence the Minister considers makes the person inappropriate to perform official duties.","sortOrder":343},{"sectionNumber":"sec.216","sectionType":"section","heading":"Terms of appointment","content":"### sec.216 Terms of appointment\n\nThe Governor in Council may decide the remuneration and allowances payable to the public advocate.\nThe public advocate is to be paid the remuneration and allowances decided by the Governor in Council.\nTo the extent this Act does not state the terms on which the public advocate holds office, the public advocate holds office on the terms decided by the Governor in Council.\n(sec.216-ssec.1) The Governor in Council may decide the remuneration and allowances payable to the public advocate.\n(sec.216-ssec.2) The public advocate is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.216-ssec.3) To the extent this Act does not state the terms on which the public advocate holds office, the public advocate holds office on the terms decided by the Governor in Council.","sortOrder":344},{"sectionNumber":"sec.217","sectionType":"section","heading":"Leave of absence","content":"### sec.217 Leave of absence\n\nThe Minister may give the public advocate leave of absence on the terms the Minister considers appropriate.","sortOrder":345},{"sectionNumber":"sec.217A","sectionType":"section","heading":"Preservation of rights of public advocate","content":"### sec.217A Preservation of rights of public advocate\n\nThis section applies if a public service officer is appointed as the public advocate.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the public advocate were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation as the public advocate, the person’s service as the public advocate is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns 217A ins 2019 No. 9 s 38\n(sec.217A-ssec.1) This section applies if a public service officer is appointed as the public advocate.\n(sec.217A-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the public advocate were a continuation of service as a public service officer.\n(sec.217A-ssec.3) At the end of the person’s term of office or on resignation as the public advocate, the person’s service as the public advocate is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":346},{"sectionNumber":"sec.218","sectionType":"section","heading":"Acting public advocate","content":"### sec.218 Acting public advocate\n\nThe Minister may appoint a person to act as the public advocate during any or all periods—\nthe office is vacant; or\nthe public advocate is absent from duty or, for another reason, is unable to perform the duties of the office.\nA person appointed under subsection (1) may be appointed for a period of not more than 6 months.\ns 218 amd 2013 No. 35 s 82\n(sec.218-ssec.1) The Minister may appoint a person to act as the public advocate during any or all periods— the office is vacant; or the public advocate is absent from duty or, for another reason, is unable to perform the duties of the office.\n(sec.218-ssec.2) A person appointed under subsection (1) may be appointed for a period of not more than 6 months.\n- (a) the office is vacant; or\n- (b) the public advocate is absent from duty or, for another reason, is unable to perform the duties of the office.","sortOrder":347},{"sectionNumber":"sec.219","sectionType":"section","heading":"Staff","content":"### sec.219 Staff\n\nStaff necessary to enable the public advocate to perform the public advocate’s functions are to be appointed under the Public Sector Act 2022 .\ns 219 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":348},{"sectionNumber":"sec.220","sectionType":"section","heading":"Annual report","content":"### sec.220 Annual report\n\nAs soon as practicable after the close of each financial year but not later than 4 months after that close, the public advocate must—\nprepare a report on the performance of the public advocate’s functions during the year; and\ngive a copy of the report to the Minister.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.220-ssec.1) As soon as practicable after the close of each financial year but not later than 4 months after that close, the public advocate must— prepare a report on the performance of the public advocate’s functions during the year; and give a copy of the report to the Minister.\n(sec.220-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n- (a) prepare a report on the performance of the public advocate’s functions during the year; and\n- (b) give a copy of the report to the Minister.","sortOrder":349},{"sectionNumber":"sec.221","sectionType":"section","heading":"Not a statutory body for particular Acts","content":"### sec.221 Not a statutory body for particular Acts\n\nTo avoid doubt, it is declared that the public advocate is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 .\ns 221 amd 2009 No. 9 s 136 sch 1","sortOrder":350},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":351},{"sectionNumber":"sec.222","sectionType":"section","heading":null,"content":"### Section sec.222\n\ns 222 om 2014 No. 26 s 243\ns 222 def consumer sub 2000 No. 16 s 590 sch 1 pt 2\namd 2011 No. 13 s 202\ns 222 def private dwelling house sub 2008 No. 23 s 27","sortOrder":352},{"sectionNumber":"sec.223","sectionType":"section","heading":null,"content":"### Section sec.223\n\ns 223 om 2014 No. 26 s 243","sortOrder":353},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":354},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 om 2014 No. 26 s 243","sortOrder":355},{"sectionNumber":"sec.225","sectionType":"section","heading":null,"content":"### Section sec.225\n\ns 225 om 2014 No. 26 s 243","sortOrder":356},{"sectionNumber":"sec.226","sectionType":"section","heading":null,"content":"### Section sec.226\n\ns 226 amd 2007 No. 37 s 82\nom 2014 No. 26 s 243","sortOrder":357},{"sectionNumber":"sec.227","sectionType":"section","heading":null,"content":"### Section sec.227\n\ns 227 amd 2012 No. 37 s 51 sch\nom 2014 No. 26 s 243","sortOrder":358},{"sectionNumber":"sec.228","sectionType":"section","heading":null,"content":"### Section sec.228\n\ns 228 om 2014 No. 26 s 243","sortOrder":359},{"sectionNumber":"sec.229","sectionType":"section","heading":null,"content":"### Section sec.229\n\ns 229 om 2014 No. 26 s 243","sortOrder":360},{"sectionNumber":"sec.230","sectionType":"section","heading":null,"content":"### Section sec.230\n\ns 230 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2008 No. 23 s 28 ; 2011 No. 13 s 203\nom 2014 No. 26 s 243","sortOrder":361},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":362},{"sectionNumber":"sec.230A","sectionType":"section","heading":null,"content":"### Section sec.230A\n\ns 230A ins 2002 No. 34 s 23\nom 2014 No. 26 s 243","sortOrder":363},{"sectionNumber":"sec.230B","sectionType":"section","heading":null,"content":"### Section sec.230B\n\ns 230B ins 2002 No. 34 s 23\nom 2014 No. 26 s 243","sortOrder":364},{"sectionNumber":"sec.231","sectionType":"section","heading":null,"content":"### Section sec.231\n\ns 231 amd 2006 No. 12 s 241 sch 1 ; 2007 No. 37 s 83 ; 2009 No. 25 s 83 sch ; 2011 No. 13 s 204 ; 2013 No. 35 s 83\nom 2014 No. 26 s 243","sortOrder":365},{"sectionNumber":"sec.232","sectionType":"section","heading":null,"content":"### Section sec.232\n\ns 232 amd 2007 No. 37 s 84 ; 2010 No. 2 s 96 sch 1\nom 2014 No. 26 s 243","sortOrder":366},{"sectionNumber":"sec.233","sectionType":"section","heading":null,"content":"### Section sec.233\n\ns 233 om 2014 No. 26 s 243","sortOrder":367},{"sectionNumber":"sec.234","sectionType":"section","heading":null,"content":"### Section sec.234\n\ns 234 om 2014 No. 26 s 243","sortOrder":368},{"sectionNumber":"sec.235","sectionType":"section","heading":null,"content":"### Section sec.235\n\ns 235 om 2014 No. 26 s 243","sortOrder":369},{"sectionNumber":"sec.236","sectionType":"section","heading":null,"content":"### Section sec.236\n\ns 236 om 2014 No. 26 s 243","sortOrder":370},{"sectionNumber":"sec.237","sectionType":"section","heading":null,"content":"### Section sec.237\n\ns 237 om 2014 No. 26 s 243","sortOrder":371},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Relationship with criminal law","content":"# Relationship with criminal law","sortOrder":372},{"sectionNumber":"sec.238","sectionType":"section","heading":"Act does not authorise euthanasia or affect particular provisions of Criminal Code","content":"### sec.238 Act does not authorise euthanasia or affect particular provisions of Criminal Code\n\nTo remove doubt it is declared that nothing in this Act—\nauthorises, justifies or excuses killing a person; or\naffects the Criminal Code , section 284 or chapter 28 .\n- (a) authorises, justifies or excuses killing a person; or\n- (b) affects the Criminal Code , section 284 or chapter 28 .","sortOrder":373},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Relationship with court jurisdiction","content":"# Relationship with court jurisdiction","sortOrder":374},{"sectionNumber":"sec.239","sectionType":"section","heading":"Litigation guardian process not affected","content":"### sec.239 Litigation guardian process not affected\n\nThis Act does not affect rules of court of the Supreme Court, District Court or Magistrates Courts about a litigation guardian for a person under a legal incapacity.","sortOrder":375},{"sectionNumber":"sec.240","sectionType":"section","heading":"Supreme Court’s inherent jurisdiction not affected","content":"### sec.240 Supreme Court’s inherent jurisdiction not affected\n\nThis Act does not affect the court’s inherent jurisdiction, including its parens patriae jurisdiction.\nCourt means the Supreme Court—see schedule 4 (Dictionary).\ns 240 amd 2012 No. 37 s 51 sch","sortOrder":376},{"sectionNumber":"sec.241","sectionType":"section","heading":"Transfer of proceeding","content":"### sec.241 Transfer of proceeding\n\nThe court may, if it considers it appropriate, transfer a proceeding within the tribunal’s jurisdiction to the tribunal.\nThe tribunal may, if it considers it appropriate, transfer a proceeding within the court’s jurisdiction to the court.\nThe transfer may be ordered on the court’s or tribunal’s initiative or on the application of an active party to the proceeding.\n(sec.241-ssec.1) The court may, if it considers it appropriate, transfer a proceeding within the tribunal’s jurisdiction to the tribunal.\n(sec.241-ssec.2) The tribunal may, if it considers it appropriate, transfer a proceeding within the court’s jurisdiction to the court.\n(sec.241-ssec.3) The transfer may be ordered on the court’s or tribunal’s initiative or on the application of an active party to the proceeding.","sortOrder":377},{"sectionNumber":"sec.242","sectionType":"section","heading":"Stay of proceeding concerning an enduring document","content":"### sec.242 Stay of proceeding concerning an enduring document\n\nIf there is a Supreme Court proceeding, and a tribunal proceeding, about an enduring document or attorneys under an enduring document, other than to the extent necessary for section 243 , the tribunal must stay the tribunal proceeding unless the court transfers the Supreme Court proceeding to the tribunal.","sortOrder":378},{"sectionNumber":"sec.243","sectionType":"section","heading":"Interim appointed decision-maker if Supreme Court proceeding","content":"### sec.243 Interim appointed decision-maker if Supreme Court proceeding\n\nIf there is a Supreme Court proceeding about an adult’s enduring document or attorneys under an enduring document, the tribunal may appoint guardians or administrators for the adult until the proceeding is resolved.\nThe appointment may be made on the tribunal’s initiative or on the application of the adult or anyone else.\n(sec.243-ssec.1) If there is a Supreme Court proceeding about an adult’s enduring document or attorneys under an enduring document, the tribunal may appoint guardians or administrators for the adult until the proceeding is resolved.\n(sec.243-ssec.2) The appointment may be made on the tribunal’s initiative or on the application of the adult or anyone else.","sortOrder":379},{"sectionNumber":"sec.244","sectionType":"section","heading":"Chapter 3 applies for interim appointment","content":"### sec.244 Chapter 3 applies for interim appointment\n\nChapter 3 applies for the appointment under section 243 .","sortOrder":380},{"sectionNumber":"ch.11-pt.2A","sectionType":"part","heading":"Access to record of proceedings","content":"# Access to record of proceedings","sortOrder":381},{"sectionNumber":"sec.244A","sectionType":"section","heading":"Access to record of proceedings","content":"### sec.244A Access to record of proceedings\n\nThis section applies if—\nthe tribunal is considering making an appointment or reviewing the appointment of a guardian or an administrator for an adult; and\nthe adult has been a party to a civil proceeding in a court; and\nthe court has not made an order under section 245 .\nThe tribunal may request from the registrar of the court a copy of the part of the record of proceedings for the civil proceeding that is relevant to the tribunal’s consideration.\nThe registrar may, if the registrar considers the part of the record of proceedings is relevant to the tribunal’s consideration, comply with a request under subsection (2) .\nA fee is not payable to the court for a copy of part of the record of proceedings under this section.\nIn this section—\ncourt means the Supreme Court or the District Court.\ns 244A ins 2010 No. 42 s 74\n(sec.244A-ssec.1) This section applies if— the tribunal is considering making an appointment or reviewing the appointment of a guardian or an administrator for an adult; and the adult has been a party to a civil proceeding in a court; and the court has not made an order under section 245 .\n(sec.244A-ssec.2) The tribunal may request from the registrar of the court a copy of the part of the record of proceedings for the civil proceeding that is relevant to the tribunal’s consideration.\n(sec.244A-ssec.3) The registrar may, if the registrar considers the part of the record of proceedings is relevant to the tribunal’s consideration, comply with a request under subsection (2) .\n(sec.244A-ssec.4) A fee is not payable to the court for a copy of part of the record of proceedings under this section.\n(sec.244A-ssec.5) In this section— court means the Supreme Court or the District Court.\n- (a) the tribunal is considering making an appointment or reviewing the appointment of a guardian or an administrator for an adult; and\n- (b) the adult has been a party to a civil proceeding in a court; and\n- (c) the court has not made an order under section 245 .","sortOrder":382},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Settlements or damages awards","content":"# Settlements or damages awards","sortOrder":383},{"sectionNumber":"sec.245","sectionType":"section","heading":"Settlements or damages awards","content":"### sec.245 Settlements or damages awards\n\nThis section applies if, in a civil proceeding—\nthe court sanctions a settlement between another person and an adult or orders an amount to be paid by another person to an adult; and\nthe court considers the adult is a person with impaired capacity for a matter.\nThe court may exercise all the powers of the tribunal under chapter 3 .\nChapter 3 applies to the court in its exercise of these powers as if the court were the tribunal.\nAs soon as practicable after a court makes an order under this section, the registrar of the court must give a copy of the order to the tribunal.\nAlso, after the order is made, the registrar must, if requested by the tribunal, give the tribunal a copy of the part of the record of proceedings that is relevant to making the order.\nA fee is not payable to the court for a copy of part of the record of proceedings under subsection (5) .\nIn this section—\ncourt means the Supreme Court or the District Court.\nsettlement includes compromise or acceptance of an amount paid into court.\ns 245 amd 2010 No. 42 s 75\n(sec.245-ssec.1) This section applies if, in a civil proceeding— the court sanctions a settlement between another person and an adult or orders an amount to be paid by another person to an adult; and the court considers the adult is a person with impaired capacity for a matter.\n(sec.245-ssec.2) The court may exercise all the powers of the tribunal under chapter 3 .\n(sec.245-ssec.3) Chapter 3 applies to the court in its exercise of these powers as if the court were the tribunal.\n(sec.245-ssec.4) As soon as practicable after a court makes an order under this section, the registrar of the court must give a copy of the order to the tribunal.\n(sec.245-ssec.5) Also, after the order is made, the registrar must, if requested by the tribunal, give the tribunal a copy of the part of the record of proceedings that is relevant to making the order.\n(sec.245-ssec.6) A fee is not payable to the court for a copy of part of the record of proceedings under subsection (5) .\n(sec.245-ssec.7) In this section— court means the Supreme Court or the District Court. settlement includes compromise or acceptance of an amount paid into court.\n- (a) the court sanctions a settlement between another person and an adult or orders an amount to be paid by another person to an adult; and\n- (b) the court considers the adult is a person with impaired capacity for a matter.","sortOrder":384},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Protection from liability and dealing with information","content":"# Protection from liability and dealing with information","sortOrder":385},{"sectionNumber":"sec.246","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.246 Definitions for pt 4\n\nIn this part—\nadult guardian’s delegate for an investigation ...\ns 246 def adult guardian’s delegate for an investigation om 2014 No. 26 s 244 (1)\ncommission ...\ns 246 def commission ins 2008 No. 54 s 19\nom 2012 No. 37 s 51 sch\nconfidential information includes information about a person’s affairs but does not include—\ninformation within the public domain unless further disclosure of the information is prohibited by law; or\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or\ninformation about a guardianship proceeding.\ns 246 def confidential information ins 2008 No. 54 s 19\nconsultant means a person engaged under the Law Reform Commission Act 1968 , section 9 .\ns 246 def consultant ins 2008 No. 54 s 19\npublic guardian’s delegate for an investigation means a delegate of the public guardian under the Public Guardian Act 2014 , section 20 (1) .\ns 246 def public guardian’s delegate for an investigation ins 2014 No. 26 s 244 (2)\nrelevant person means—\na relevant tribunal person; or\nthe public advocate or a member of the public advocate’s staff; or\na guardian or administrator.\ns 246 def relevant person ins 2008 No. 54 s 19\namd 2012 No. 37 s 51 sch\nsub 2014 No. 26 s 244\nrelevant tribunal person means—\na member of the tribunal; or\nthe principal registrar or a registrar under the QCAT Act or another member of the administrative staff of the registry under that Act; or\nan adjudicator or assessor appointed under the QCAT Act .\ns 246 def relevant tribunal person ins 2008 No. 54 s 19\nsub 2009 No. 24 s 1468\nsubstituted decision-making review ...\ns 246 def substituted decision-making review ins 2008 No. 54 s 19\nom 2012 No. 37 s 51 sch\ntribunal expert means—\na person engaged under a procedural direction to help the tribunal in a proceeding; or\na person required under a procedural direction to prepare and produce a report or document to be given to the tribunal.\nuse , confidential information, includes disclose or publish.\ns 246 def use ins 2008 No. 54 s 19\n- (a) information within the public domain unless further disclosure of the information is prohibited by law; or\n- (b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or\n- (c) information about a guardianship proceeding.\n- (a) a relevant tribunal person; or\n- (b) the public advocate or a member of the public advocate’s staff; or\n- (c) a guardian or administrator.\n- (a) a member of the tribunal; or\n- (b) the principal registrar or a registrar under the QCAT Act or another member of the administrative staff of the registry under that Act; or\n- (c) an adjudicator or assessor appointed under the QCAT Act .\n- (a) a person engaged under a procedural direction to help the tribunal in a proceeding; or\n- (b) a person required under a procedural direction to prepare and produce a report or document to be given to the tribunal.","sortOrder":386},{"sectionNumber":"sec.247","sectionType":"section","heading":"Whistleblowers’ protection","content":"### sec.247 Whistleblowers’ protection\n\nA person is not liable, civilly, criminally or under an administrative process, for disclosing information to an official if the person honestly believes, on reasonable grounds—\nthe information tends to show—\nanother person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or\nan adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse; or\nthe information would help in the assessment or investigation of a complaint that—\nanother person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or\nan adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse.\nWithout limiting subsection (1) —\nin a proceeding for defamation the discloser has a defence of absolute privilege for publishing the disclosed information; and\nif the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act, oath, rule of law or practice, the discloser—\ndoes not contravene the Act , oath, rule of law or practice for disclosing the information; and\nis not liable to disciplinary action for disclosing the information.\nA person’s liability for the person’s own conduct is not affected only because the person discloses it to an official.\nIn this section—\nofficial means—\nthe principal registrar or a registrar under the QCAT Act or another member of the administrative staff of the registry under that Act; or\nthe public guardian, a member of the public guardian’s staff or a public guardian’s delegate for an investigation under the Public Guardian Act 2014 ; or\nthe public advocate or a member of the public advocate’s staff; or\na person appointed under the Public Guardian Act 2014 , section 109 as—\na community visitor (adult); or\na community visitor (adult) and a community visitor (child).\ns 247 amd 2009 No. 24 s 1469 ; 2014 No. 26 s 245 ; 2019 No. 9 s 39\n(sec.247-ssec.1) A person is not liable, civilly, criminally or under an administrative process, for disclosing information to an official if the person honestly believes, on reasonable grounds— the information tends to show— another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse; or the information would help in the assessment or investigation of a complaint that— another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse.\n(sec.247-ssec.2) Without limiting subsection (1) — in a proceeding for defamation the discloser has a defence of absolute privilege for publishing the disclosed information; and if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act, oath, rule of law or practice, the discloser— does not contravene the Act , oath, rule of law or practice for disclosing the information; and is not liable to disciplinary action for disclosing the information.\n(sec.247-ssec.3) A person’s liability for the person’s own conduct is not affected only because the person discloses it to an official.\n(sec.247-ssec.4) In this section— official means— the principal registrar or a registrar under the QCAT Act or another member of the administrative staff of the registry under that Act; or the public guardian, a member of the public guardian’s staff or a public guardian’s delegate for an investigation under the Public Guardian Act 2014 ; or the public advocate or a member of the public advocate’s staff; or a person appointed under the Public Guardian Act 2014 , section 109 as— a community visitor (adult); or a community visitor (adult) and a community visitor (child).\n- (a) the information tends to show— (i) another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or (ii) an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse; or\n- (i) another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or\n- (ii) an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse; or\n- (b) the information would help in the assessment or investigation of a complaint that— (i) another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or (ii) an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse.\n- (i) another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or\n- (ii) an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse.\n- (i) another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or\n- (ii) an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse; or\n- (i) another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or\n- (ii) an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse.\n- (a) in a proceeding for defamation the discloser has a defence of absolute privilege for publishing the disclosed information; and\n- (b) if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act, oath, rule of law or practice, the discloser— (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and (ii) is not liable to disciplinary action for disclosing the information.\n- (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and\n- (ii) is not liable to disciplinary action for disclosing the information.\n- (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and\n- (ii) is not liable to disciplinary action for disclosing the information.\n- (a) the principal registrar or a registrar under the QCAT Act or another member of the administrative staff of the registry under that Act; or\n- (b) the public guardian, a member of the public guardian’s staff or a public guardian’s delegate for an investigation under the Public Guardian Act 2014 ; or\n- (c) the public advocate or a member of the public advocate’s staff; or\n- (d) a person appointed under the Public Guardian Act 2014 , section 109 as— (i) a community visitor (adult); or (ii) a community visitor (adult) and a community visitor (child).\n- (i) a community visitor (adult); or\n- (ii) a community visitor (adult) and a community visitor (child).\n- (i) a community visitor (adult); or\n- (ii) a community visitor (adult) and a community visitor (child).","sortOrder":387},{"sectionNumber":"sec.247A","sectionType":"section","heading":"Reprisal and grounds for reprisal","content":"### sec.247A Reprisal and grounds for reprisal\n\nA person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person or someone else has disclosed or intends to disclose information under section 247 (1) .\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\ns 247A ins 2019 No. 9 s 40\n(sec.247A-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person or someone else has disclosed or intends to disclose information under section 247 (1) .\n(sec.247A-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.247A-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.247A-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.247A-ssec.5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.","sortOrder":388},{"sectionNumber":"sec.247B","sectionType":"section","heading":"Offence of taking reprisal","content":"### sec.247B Offence of taking reprisal\n\nA person must not take a reprisal.\nMaximum penalty—167 penalty units or 2 years imprisonment.\nAn offence against subsection (1) is an indictable offence that is a misdemeanour.\ns 247B ins 2019 No. 9 s 40\n(sec.247B-ssec.1) A person must not take a reprisal. Maximum penalty—167 penalty units or 2 years imprisonment.\n(sec.247B-ssec.2) An offence against subsection (1) is an indictable offence that is a misdemeanour.","sortOrder":389},{"sectionNumber":"sec.247C","sectionType":"section","heading":"Damages for reprisal","content":"### sec.247C Damages for reprisal\n\nA reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\nAny appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal.\nIf the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\nThe right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal.\nProceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, for the offence under section 247B .\nThe Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section.\nIn this section—\ncourt means any court.\ns 247C ins 2019 No. 9 s 40\n(sec.247C-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\n(sec.247C-ssec.2) Any appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal.\n(sec.247C-ssec.3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\n(sec.247C-ssec.4) The right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal.\n(sec.247C-ssec.5) Proceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, for the offence under section 247B .\n(sec.247C-ssec.6) The Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section.\n(sec.247C-ssec.7) In this section— court means any court.","sortOrder":390},{"sectionNumber":"sec.248","sectionType":"section","heading":"Protection from liability if honest and not negligent","content":"### sec.248 Protection from liability if honest and not negligent\n\nA person is not civilly liable for an act done, or an omission made, honestly and without negligence under this Act or the Powers of Attorney Act 1998 .\nIf subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.\nIn this section—\nformer member , of the former tribunal, means—\na person who was the president, a deputy president or another tribunal member of the former tribunal; or\na person who was the registrar, a member of the staff, or a tribunal expert, of the former tribunal.\nformer tribunal means the Guardianship and Administration Tribunal established under this Act before its abolition by the QCAT Act .\nperson means—\nthe public advocate or a member of the public advocate’s staff; or\na former member of the former tribunal.\ns 248 amd 2009 No. 24 s 1470 ; 2014 No. 26 s 246\n(sec.248-ssec.1) A person is not civilly liable for an act done, or an omission made, honestly and without negligence under this Act or the Powers of Attorney Act 1998 .\n(sec.248-ssec.2) If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.\n(sec.248-ssec.3) In this section— former member , of the former tribunal, means— a person who was the president, a deputy president or another tribunal member of the former tribunal; or a person who was the registrar, a member of the staff, or a tribunal expert, of the former tribunal. former tribunal means the Guardianship and Administration Tribunal established under this Act before its abolition by the QCAT Act . person means— the public advocate or a member of the public advocate’s staff; or a former member of the former tribunal.\n- (a) a person who was the president, a deputy president or another tribunal member of the former tribunal; or\n- (b) a person who was the registrar, a member of the staff, or a tribunal expert, of the former tribunal.\n- (a) the public advocate or a member of the public advocate’s staff; or\n- (b) a former member of the former tribunal.","sortOrder":391},{"sectionNumber":"sec.248A","sectionType":"section","heading":"Protection for person carrying out forensic examination with consent","content":"### sec.248A Protection for person carrying out forensic examination with consent\n\nA person carrying out an authorised forensic examination of an adult is not liable for an act or omission to any greater extent than if the adult were an adult with capacity to consent and the act or omission happened with the adult’s consent.\nAn authorised forensic examination is not unlawful.\nIn this section—\nauthorised forensic examination , of an adult, means a forensic examination of the adult, consent to which has been given by—\na guardian for the adult; or\nthe public guardian under the Public Guardian Act 2014 , section 38 .\ns 248A ins 2003 No. 87 s 39\namd 2012 No. 37 s 51 sch ; 2014 No. 26 s 247\n(sec.248A-ssec.1) A person carrying out an authorised forensic examination of an adult is not liable for an act or omission to any greater extent than if the adult were an adult with capacity to consent and the act or omission happened with the adult’s consent.\n(sec.248A-ssec.2) An authorised forensic examination is not unlawful.\n(sec.248A-ssec.3) In this section— authorised forensic examination , of an adult, means a forensic examination of the adult, consent to which has been given by— a guardian for the adult; or the public guardian under the Public Guardian Act 2014 , section 38 .\n- (a) a guardian for the adult; or\n- (b) the public guardian under the Public Guardian Act 2014 , section 38 .","sortOrder":392},{"sectionNumber":"sec.248B","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.248B Protection from liability for giving information\n\nThis section applies to the giving of information to the public advocate under section 210A .\nA person may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.\nIf a person, acting honestly, gives the information to the public advocate, the person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (3) and (4) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nIn this section—\ngiving , of information contained in a document, includes allowing the document to be inspected and a copy to be taken of it.\ns 248B ins 2012 No. 37 s 8\namd 2014 No. 26 s 248\n(sec.248B-ssec.1) This section applies to the giving of information to the public advocate under section 210A .\n(sec.248B-ssec.2) A person may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.\n(sec.248B-ssec.3) If a person, acting honestly, gives the information to the public advocate, the person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.248B-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.248B-ssec.5) Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n(sec.248B-ssec.6) In this section— giving , of information contained in a document, includes allowing the document to be inspected and a copy to be taken of it.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":393},{"sectionNumber":"sec.249","sectionType":"section","heading":"Protected use of confidential information","content":"### sec.249 Protected use of confidential information\n\nDespite section 249A , a relevant person may disclose confidential information that relates only to a particular person to the particular person.\nIf a relevant person gains confidential information because of being a relevant person, or because of an opportunity given by being a relevant person, the person may use the information for the purposes of this Act or as provided under subsection (3) .\nConfidential information may be used—\nif authorised or required under a regulation or another law; or\nfor a proceeding arising out of or in connection with this Act; or\nif authorised by the person to whom the information relates; or\nif authorised by the court or the tribunal in the interests of justice; or\nif necessary to prevent a serious risk to a person’s life, health or safety; or\nfor the purpose of obtaining legal or financial advice; or\nif reasonably necessary to obtain counselling, advice or other treatment; or\nin reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or\nin assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 .\nThis section applies subject to section 210B .\ns 249 amd 2005 No. 70 s 107C\nsub 2008 No. 54 s 20\namd 2012 No. 37 ss 9 , 51 sch ; 2014 No. 26 s 249\n(sec.249-ssec.1) Despite section 249A , a relevant person may disclose confidential information that relates only to a particular person to the particular person.\n(sec.249-ssec.2) If a relevant person gains confidential information because of being a relevant person, or because of an opportunity given by being a relevant person, the person may use the information for the purposes of this Act or as provided under subsection (3) .\n(sec.249-ssec.3) Confidential information may be used— if authorised or required under a regulation or another law; or for a proceeding arising out of or in connection with this Act; or if authorised by the person to whom the information relates; or if authorised by the court or the tribunal in the interests of justice; or if necessary to prevent a serious risk to a person’s life, health or safety; or for the purpose of obtaining legal or financial advice; or if reasonably necessary to obtain counselling, advice or other treatment; or in reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or in assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 .\n(sec.249-ssec.4) This section applies subject to section 210B .\n- (a) if authorised or required under a regulation or another law; or\n- (b) for a proceeding arising out of or in connection with this Act; or\n- (c) if authorised by the person to whom the information relates; or\n- (d) if authorised by the court or the tribunal in the interests of justice; or\n- (e) if necessary to prevent a serious risk to a person’s life, health or safety; or\n- (f) for the purpose of obtaining legal or financial advice; or\n- (g) if reasonably necessary to obtain counselling, advice or other treatment; or\n- (h) in reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or\n- (i) in assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 .","sortOrder":394},{"sectionNumber":"sec.249A","sectionType":"section","heading":"Prohibited use of confidential information","content":"### sec.249A Prohibited use of confidential information\n\nA relevant person must not use confidential information gained because of being a relevant person, or because of an opportunity given by being a relevant person, other than as provided under section 249 , unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 249A ins 2008 No. 54 s 20","sortOrder":395},{"sectionNumber":"ch.11-pt.4A","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":396},{"sectionNumber":"sec.250","sectionType":"section","heading":"Guidelines to assist in assessments of capacity","content":"### sec.250 Guidelines to assist in assessments of capacity\n\nThe Minister is to prepare guidelines to assist persons required to make assessments about the capacity of adults to make decisions about matters to make the assessments.\nThe guidelines are to include—\nprinciples to be applied in making assessments about the capacity of adults to make decisions about matters; and\ninformation and advice that will give practicable guidance for making the assessments.\nIn preparing the guidelines the Minister must consult with persons who have qualifications relevant to, or experience in, making assessments about the capacity of adults to make decisions about matters.\nThe guidelines are to be published on the department’s website.\nThe Minister is to review the guidelines at least every 5 years.\ns 250 prev s 250 sub 2008 No. 54 s 20\nom 2014 No. 26 s 250\npres s 250 ins 2019 No. 9 s 41\n(sec.250-ssec.1) The Minister is to prepare guidelines to assist persons required to make assessments about the capacity of adults to make decisions about matters to make the assessments.\n(sec.250-ssec.2) The guidelines are to include— principles to be applied in making assessments about the capacity of adults to make decisions about matters; and information and advice that will give practicable guidance for making the assessments.\n(sec.250-ssec.3) In preparing the guidelines the Minister must consult with persons who have qualifications relevant to, or experience in, making assessments about the capacity of adults to make decisions about matters.\n(sec.250-ssec.4) The guidelines are to be published on the department’s website.\n(sec.250-ssec.5) The Minister is to review the guidelines at least every 5 years.\n- (a) principles to be applied in making assessments about the capacity of adults to make decisions about matters; and\n- (b) information and advice that will give practicable guidance for making the assessments.","sortOrder":397},{"sectionNumber":"sec.250A","sectionType":"section","heading":"Delegation of public trustee’s powers under this Act","content":"### sec.250A Delegation of public trustee’s powers under this Act\n\nIf the public trustee has power under this Act for a financial matter for an adult, the public trustee may delegate the power to—\nan appropriately qualified member of the public trustee’s staff; or\nfor day-to-day decisions about the matter—\nan appropriately qualified carer of the adult; or\nan attorney under an enduring document; or\na person who would be eligible to be the adult’s statutory health attorney; or\nanother person the public trustee considers appropriately qualified to exercise the power.\nHowever, the public trustee may not delegate the public trustee’s powers mentioned in subsection (1) (b) to—\nthe public guardian; or\na paid carer for the adult.\nIn this section—\nday-to-day decisions , for a financial matter for an adult, means minor, uncontroversial decisions about day-to-day issues that involve no more than a low risk to the adult.\ns 250A ins 2019 No. 9 s 41\n(sec.250A-ssec.1) If the public trustee has power under this Act for a financial matter for an adult, the public trustee may delegate the power to— an appropriately qualified member of the public trustee’s staff; or for day-to-day decisions about the matter— an appropriately qualified carer of the adult; or an attorney under an enduring document; or a person who would be eligible to be the adult’s statutory health attorney; or another person the public trustee considers appropriately qualified to exercise the power.\n(sec.250A-ssec.2) However, the public trustee may not delegate the public trustee’s powers mentioned in subsection (1) (b) to— the public guardian; or a paid carer for the adult.\n(sec.250A-ssec.3) In this section— day-to-day decisions , for a financial matter for an adult, means minor, uncontroversial decisions about day-to-day issues that involve no more than a low risk to the adult.\n- (a) an appropriately qualified member of the public trustee’s staff; or\n- (b) for day-to-day decisions about the matter— (i) an appropriately qualified carer of the adult; or (ii) an attorney under an enduring document; or (iii) a person who would be eligible to be the adult’s statutory health attorney; or (iv) another person the public trustee considers appropriately qualified to exercise the power.\n- (i) an appropriately qualified carer of the adult; or\n- (ii) an attorney under an enduring document; or\n- (iii) a person who would be eligible to be the adult’s statutory health attorney; or\n- (iv) another person the public trustee considers appropriately qualified to exercise the power.\n- (i) an appropriately qualified carer of the adult; or\n- (ii) an attorney under an enduring document; or\n- (iii) a person who would be eligible to be the adult’s statutory health attorney; or\n- (iv) another person the public trustee considers appropriately qualified to exercise the power.\n- (a) the public guardian; or\n- (b) a paid carer for the adult.","sortOrder":398},{"sectionNumber":"sec.250B","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.250B Proceedings for indictable offences\n\nSubject to subsection (2) , a charge of an indictable offence against this Act must be heard and decided summarily.\nA Magistrates Court must abstain from dealing summarily with a charge mentioned in subsection (1) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.\nIf subsection (2) applies to a Magistrates Court—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and\nthe defendant’s plea at the start of the hearing must be disregarded; and\nthe evidence already heard by the court must be taken to be evidence in the committal proceeding; and\nto avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\ns 250B ins 2019 No. 9 s 41\n(sec.250B-ssec.1) Subject to subsection (2) , a charge of an indictable offence against this Act must be heard and decided summarily.\n(sec.250B-ssec.2) A Magistrates Court must abstain from dealing summarily with a charge mentioned in subsection (1) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.\n(sec.250B-ssec.3) If subsection (2) applies to a Magistrates Court— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and the defendant’s plea at the start of the hearing must be disregarded; and the evidence already heard by the court must be taken to be evidence in the committal proceeding; and to avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and\n- (b) the defendant’s plea at the start of the hearing must be disregarded; and\n- (c) the evidence already heard by the court must be taken to be evidence in the committal proceeding; and\n- (d) to avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.","sortOrder":399},{"sectionNumber":"sec.250C","sectionType":"section","heading":"Voluntary assisted dying","content":"### sec.250C Voluntary assisted dying\n\nVoluntary assisted dying under the Voluntary Assisted Dying Act 2021 is not a matter to which this Act applies.\ns 250C ins 2021 No. 17 s 173","sortOrder":400},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":"Forms and regulations","content":"# Forms and regulations","sortOrder":401},{"sectionNumber":"sec.251","sectionType":"section","heading":"Chief executive may approve forms","content":"### sec.251 Chief executive may approve forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":402},{"sectionNumber":"sec.252","sectionType":"section","heading":"Regulation-making power","content":"### sec.252 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":403},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Transitional provisions for adult guardian","content":"# Transitional provisions for adult guardian","sortOrder":404},{"sectionNumber":"sec.253","sectionType":"section","heading":"Definition for pt 1","content":"### sec.253 Definition for pt 1\n\nIn this part—\nrepealed chapter means the Powers of Attorney Act 1998 , chapter 7.\ns 253 amd 2012 No. 37 s 51 sch","sortOrder":405},{"sectionNumber":"sec.254","sectionType":"section","heading":"Appointment of adult guardian continues","content":"### sec.254 Appointment of adult guardian continues\n\nFrom the repeal of the repealed chapter, the person holding office as adult guardian immediately before the repeal of the repealed chapter continues in office for the balance of the person’s term as the adult guardian appointed under section 199.","sortOrder":406},{"sectionNumber":"sec.255","sectionType":"section","heading":"Particular things continued","content":"### sec.255 Particular things continued\n\nFrom the repeal of the repealed chapter, a thing done under a provision of the repealed chapter mentioned in column 1 and in force immediately before the repeal of the repealed chapter continues to have effect after the repeal as a thing done under the corresponding provision of this Act mentioned in column 2.\nColumn 1—provisions of the\nrepealed chapter\nColumn 2—corresponding provision in this Act\nsection 130\nsection 177\nsection 131\nsection 178\nsection 132\nsection 179\nsection 134\nsection 180\nsection 135\nsection 182\nsection 136\nsection 183\nsection 137\nsections 184 and 185\nsection 138\nsection 189\nsection 142\nsection 193\nsection 143\nsection 194\nsection 144\nsections 195 and 196\nsection 145\nsections 148 and 197\nsection 146\nsection 149\nsection 149\nsection 151\nsection 154\nsection 204\nA notice given by the adult guardian under the Powers of Attorney Act 1998 , section 144 suspending operation of an attorney’s power and that is in force immediately before the repeal of the repealed chapter continues to have effect after the repeal for the remainder of the suspension period as a suspension under section 195 of this Act. Section 196 of this Act applies during the suspension.","sortOrder":407},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Transitional provisions for committee","content":"# Transitional provisions for committee","sortOrder":408},{"sectionNumber":"sec.256","sectionType":"section","heading":"Power to apply to court for compensation for loss of benefit in estate because of committee","content":"### sec.256 Power to apply to court for compensation for loss of benefit in estate because of committee\n\nIf a person’s benefit in an adult’s estate under the adult’s will, on intestacy, or by another disposition taking effect on the adult’s death, is lost because of a sale or other dealing with the adult’s property by a committee of the adult, section 60 applies as if references in the section to an administrator were references to the committee.\nSubsection (1) applies whether the sale or other dealing happens before or after the commencement of this section.\n(sec.256-ssec.1) If a person’s benefit in an adult’s estate under the adult’s will, on intestacy, or by another disposition taking effect on the adult’s death, is lost because of a sale or other dealing with the adult’s property by a committee of the adult, section 60 applies as if references in the section to an administrator were references to the committee.\n(sec.256-ssec.2) Subsection (1) applies whether the sale or other dealing happens before or after the commencement of this section.","sortOrder":409},{"sectionNumber":"sec.257","sectionType":"section","heading":"Tribunal’s power if committee","content":"### sec.257 Tribunal’s power if committee\n\nIf a committee for a person continues after the commencement of this section, the tribunal may make an order setting aside the committee and may make any other appropriate order.","sortOrder":410},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Transitional provisions for, and repeal of, Intellectually Disabled Citizens Act 1985","content":"# Transitional provisions for, and repeal of, Intellectually Disabled Citizens Act 1985","sortOrder":411},{"sectionNumber":"sec.258","sectionType":"section","heading":"Definition for pt 3","content":"### sec.258 Definition for pt 3\n\nIn this part—\nrepealed Act means the Intellectually Disabled Citizens Act 1985 .\ns 258 amd 2012 No. 37 s 51 sch","sortOrder":412},{"sectionNumber":"sec.259","sectionType":"section","heading":"Adult guardian assumes legal friend responsibilities","content":"### sec.259 Adult guardian assumes legal friend responsibilities\n\nIf, immediately before the repeal of the repealed Act, the legal friend is authorised to act, or is acting, under section 26 of the repealed Act for a person—\nthe adult guardian is taken to have been authorised to act for the person under section 26 of the repealed Act; and\nthe repealed Act applies to the adult guardian as if references to the legal friend were references to the adult guardian and the repealed Act had not been repealed.\nThe adult guardian’s authority under subsection (1) ends if the adult guardian receives a written request from the person’s administrator that the adult guardian no longer act under the authority.\n(sec.259-ssec.1) If, immediately before the repeal of the repealed Act, the legal friend is authorised to act, or is acting, under section 26 of the repealed Act for a person— the adult guardian is taken to have been authorised to act for the person under section 26 of the repealed Act; and the repealed Act applies to the adult guardian as if references to the legal friend were references to the adult guardian and the repealed Act had not been repealed.\n(sec.259-ssec.2) The adult guardian’s authority under subsection (1) ends if the adult guardian receives a written request from the person’s administrator that the adult guardian no longer act under the authority.\n- (a) the adult guardian is taken to have been authorised to act for the person under section 26 of the repealed Act; and\n- (b) the repealed Act applies to the adult guardian as if references to the legal friend were references to the adult guardian and the repealed Act had not been repealed.","sortOrder":413},{"sectionNumber":"sec.260","sectionType":"section","heading":"Management by public trustee","content":"### sec.260 Management by public trustee\n\nIf, immediately before the repeal of the repealed Act, the public trustee manages a person’s estate under section 32(1) and (2) of the repealed Act, then, on the repeal of the repealed Act the public trustee is taken to be appointed by the tribunal as the person’s administrator for all financial matters.\nIf, immediately before the repeal of the repealed Act, the public trustee manages a person’s estate under section 32(1A) and (2) of the repealed Act, then, on the repeal of the repealed Act, the public trustee is taken to be appointed by the tribunal as the person’s administrator for all financial matters.\ns 260 amd 2003 No. 87 s 40\n(sec.260-ssec.1) If, immediately before the repeal of the repealed Act, the public trustee manages a person’s estate under section 32(1) and (2) of the repealed Act, then, on the repeal of the repealed Act the public trustee is taken to be appointed by the tribunal as the person’s administrator for all financial matters.\n(sec.260-ssec.2) If, immediately before the repeal of the repealed Act, the public trustee manages a person’s estate under section 32(1A) and (2) of the repealed Act, then, on the repeal of the repealed Act, the public trustee is taken to be appointed by the tribunal as the person’s administrator for all financial matters.","sortOrder":414},{"sectionNumber":"sec.261","sectionType":"section","heading":"Council records to be given to tribunal","content":"### sec.261 Council records to be given to tribunal\n\nThe records of the Intellectually Disabled Citizens Council of Queensland constituted under the repealed Act are to become the records of the tribunal.","sortOrder":415},{"sectionNumber":"sec.262","sectionType":"section","heading":"Repeal","content":"### sec.262 Repeal\n\nThe Intellectually Disabled Citizens Act 1985 is repealed.","sortOrder":416},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Transitional provision for Guardianship and Administration and Powers of Attorney Amendment Act 2001","content":"# Transitional provision for Guardianship and Administration and Powers of Attorney Amendment Act 2001","sortOrder":417},{"sectionNumber":"sec.262A","sectionType":"section","heading":"Protection for health provider","content":"### sec.262A Protection for health provider\n\nThis section applies if—\nan adult’s health provider withheld or withdrew a life-sustaining measure for the adult on or after 1 July 2000 and before the commencement of this section; and\nat the time the measure was withheld or withdrawn the health provider reasonably considered—\nthe adult had impaired capacity for the health matter concerned; and\nthe commencement or continuation of the measure for the adult would have been inconsistent with good medical practice.\nThe withholding or withdrawal of the measure is taken—\nfor section 79—to have been health care for which consent was properly given under this Act; and\nfor section 80—to have been health care authorised by this Act.\ns 262A ins 2001 No. 95 s 15\n(sec.262A-ssec.1) This section applies if— an adult’s health provider withheld or withdrew a life-sustaining measure for the adult on or after 1 July 2000 and before the commencement of this section; and at the time the measure was withheld or withdrawn the health provider reasonably considered— the adult had impaired capacity for the health matter concerned; and the commencement or continuation of the measure for the adult would have been inconsistent with good medical practice.\n(sec.262A-ssec.2) The withholding or withdrawal of the measure is taken— for section 79—to have been health care for which consent was properly given under this Act; and for section 80—to have been health care authorised by this Act.\n- (a) an adult’s health provider withheld or withdrew a life-sustaining measure for the adult on or after 1 July 2000 and before the commencement of this section; and\n- (b) at the time the measure was withheld or withdrawn the health provider reasonably considered— (i) the adult had impaired capacity for the health matter concerned; and (ii) the commencement or continuation of the measure for the adult would have been inconsistent with good medical practice.\n- (i) the adult had impaired capacity for the health matter concerned; and\n- (ii) the commencement or continuation of the measure for the adult would have been inconsistent with good medical practice.\n- (i) the adult had impaired capacity for the health matter concerned; and\n- (ii) the commencement or continuation of the measure for the adult would have been inconsistent with good medical practice.\n- (a) for section 79—to have been health care for which consent was properly given under this Act; and\n- (b) for section 80—to have been health care authorised by this Act.","sortOrder":418},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Transitional provision for Discrimination Law Amendment Act 2002","content":"# Transitional provision for Discrimination Law Amendment Act 2002","sortOrder":419},{"sectionNumber":"sec.262B","sectionType":"section","heading":"Application of amendments made by Discrimination Law Amendment Act 2002","content":"### sec.262B Application of amendments made by Discrimination Law Amendment Act 2002\n\nThis section applies for the reference to a community visitor’s spouse in section 231(7) if—\nthe community visitor was appointed before the commencement of the Acts Interpretation Act 1954 , section 32DA ( section 32DA ); and\nthe spouse was, immediately before the commencement, a de facto partner of the person as defined under section 32DA.\nWhile the spouse continues to be a de facto partner of the person, section 231(7) does not apply for the spouse.\nHowever, subsection (2) applies only for the person’s term of holding office as a community visitor that was current at the commencement of section 32DA.\ns 262B ins 2002 No. 74 s 45\n(sec.262B-ssec.1) This section applies for the reference to a community visitor’s spouse in section 231(7) if— the community visitor was appointed before the commencement of the Acts Interpretation Act 1954 , section 32DA ( section 32DA ); and the spouse was, immediately before the commencement, a de facto partner of the person as defined under section 32DA.\n(sec.262B-ssec.2) While the spouse continues to be a de facto partner of the person, section 231(7) does not apply for the spouse.\n(sec.262B-ssec.3) However, subsection (2) applies only for the person’s term of holding office as a community visitor that was current at the commencement of section 32DA.\n- (a) the community visitor was appointed before the commencement of the Acts Interpretation Act 1954 , section 32DA ( section 32DA ); and\n- (b) the spouse was, immediately before the commencement, a de facto partner of the person as defined under section 32DA.","sortOrder":420},{"sectionNumber":"ch.12-pt.6","sectionType":"part","heading":"Transitional provisions for Guardianship and Administration and Other Acts Amendment Act 2003","content":"# Transitional provisions for Guardianship and Administration and Other Acts Amendment Act 2003","sortOrder":421},{"sectionNumber":"sec.262C","sectionType":"section","heading":"Application of amended s 29 to reviews of existing appointments","content":"### sec.262C Application of amended s 29 to reviews of existing appointments\n\nSection 29, as in force after the commencement of this section (the commencement ), applies in relation to an appointment of a guardian or administrator made before the commencement.\ns 262C ins 2003 No. 87 s 41","sortOrder":422},{"sectionNumber":"sec.262D","sectionType":"section","heading":"Effect of contravention of repealed ss 52 and 53","content":"### sec.262D Effect of contravention of repealed ss 52 and 53\n\nThis section applies if, before the commencement of this section (the commencement ), an administrator contravened section 52 or 53 as in force before the commencement.\nFor the purposes of deciding whether the administrator is no longer competent, the contravention may be taken into account as a contravention of the Act as if the Guardianship and Administration Act and Other Acts Amendment Act 2003 , section 12 had not been enacted.\nFor examples of when an administrator is not competent, see section 31(5)(d) (Appointment review process), 155(2)(c) (Suspension of guardianship order or administration order) or 195(2)(c) (Suspension of attorney’s power).\ns 262D ins 2003 No. 87 s 41\namd 2010 No. 2 s 96 sch 1\n(sec.262D-ssec.1) This section applies if, before the commencement of this section (the commencement ), an administrator contravened section 52 or 53 as in force before the commencement.\n(sec.262D-ssec.2) For the purposes of deciding whether the administrator is no longer competent, the contravention may be taken into account as a contravention of the Act as if the Guardianship and Administration Act and Other Acts Amendment Act 2003 , section 12 had not been enacted. For examples of when an administrator is not competent, see section 31(5)(d) (Appointment review process), 155(2)(c) (Suspension of guardianship order or administration order) or 195(2)(c) (Suspension of attorney’s power).","sortOrder":423},{"sectionNumber":"sec.262E","sectionType":"section","heading":"Person given notice of hearing able to become active party","content":"### sec.262E Person given notice of hearing able to become active party\n\nThis section applies if before the commencement of this section (the commencement )—\na person is given a notice under section 118 as in force immediately before the commencement; and\nthe person had not, under section 120 as in force immediately before the commencement (the repealed section ), given the tribunal a notice as permitted under the repealed section.\nAfter the commencement—\nthe repealed section continues to apply in relation to the person as if it had not been repealed; and\nif the person gives the tribunal a notice as permitted under the repealed section, the person is taken to be an active party in the proceeding.\ns 262E ins 2003 No. 87 s 41\n(sec.262E-ssec.1) This section applies if before the commencement of this section (the commencement )— a person is given a notice under section 118 as in force immediately before the commencement; and the person had not, under section 120 as in force immediately before the commencement (the repealed section ), given the tribunal a notice as permitted under the repealed section.\n(sec.262E-ssec.2) After the commencement— the repealed section continues to apply in relation to the person as if it had not been repealed; and if the person gives the tribunal a notice as permitted under the repealed section, the person is taken to be an active party in the proceeding.\n- (a) a person is given a notice under section 118 as in force immediately before the commencement; and\n- (b) the person had not, under section 120 as in force immediately before the commencement (the repealed section ), given the tribunal a notice as permitted under the repealed section.\n- (a) the repealed section continues to apply in relation to the person as if it had not been repealed; and\n- (b) if the person gives the tribunal a notice as permitted under the repealed section, the person is taken to be an active party in the proceeding.","sortOrder":424},{"sectionNumber":"sec.262F","sectionType":"section","heading":"Interim orders","content":"### sec.262F Interim orders\n\nThis section applies in relation to an interim order made before the commencement of this section (the commencement ) under section 129.\nSection 129, as in force immediately before the commencement, continues to apply in relation to the order as if the Guardianship and Administration Act and Other Acts Amendment Act 2003 , section 27 had not been enacted.\ns 262F ins 2003 No. 87 s 41\n(sec.262F-ssec.1) This section applies in relation to an interim order made before the commencement of this section (the commencement ) under section 129.\n(sec.262F-ssec.2) Section 129, as in force immediately before the commencement, continues to apply in relation to the order as if the Guardianship and Administration Act and Other Acts Amendment Act 2003 , section 27 had not been enacted.","sortOrder":425},{"sectionNumber":"ch.12-pt.7","sectionType":"part","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2007","content":"# Transitional provisions for Justice and Other Legislation Amendment Act 2007","sortOrder":426},{"sectionNumber":"sec.263","sectionType":"section","heading":"Directions to former guardian or administrator","content":"### sec.263 Directions to former guardian or administrator\n\nSection 32B also applies if an appointment mentioned in section 32B(1) ended before the commencement of this section.\ns 263 ins 2007 No. 37 s 85","sortOrder":427},{"sectionNumber":"sec.264","sectionType":"section","heading":"Interim orders","content":"### sec.264 Interim orders\n\nAn interim order made under section 129 before the commencement of this section continues to have effect for the period specified in the order.\ns 264 ins 2007 No. 37 s 85","sortOrder":428},{"sectionNumber":"ch.12-pt.8","sectionType":"part","heading":"Transitional provisions for Disability Services and Other Legislation Amendment Act 2008","content":"# Transitional provisions for Disability Services and Other Legislation Amendment Act 2008","sortOrder":429},{"sectionNumber":"sec.265","sectionType":"section","heading":"Powers of guardians—use of restrictive practices","content":"### sec.265 Powers of guardians—use of restrictive practices\n\nThis section applies to a guardian for an adult to whom chapter 5B applies if the guardian was—\nappointed before the commencement; and\nimmediately before the commencement, authorised in accordance with the terms of the guardian’s appointment to make decisions for the adult about the use of a restrictive practice in relation to the adult.\nDespite chapter 5B, the guardian may continue to make decisions for the adult about use of the restrictive practice in relation to the adult.\nThis section stops applying on the earlier of—\nthe guardian’s appointment being reviewed by the tribunal; or\nthe first day after the transitional period ends.\nIn this section—\ncommencement means the commencement of this section.\nrestrictive practice see section 80U.\ntransitional period means the period starting on the commencement and ending 27 months after the commencement.\ns 265 ins 2008 No. 23 s 29\namd 2009 No. 48 s 217\n(sec.265-ssec.1) This section applies to a guardian for an adult to whom chapter 5B applies if the guardian was— appointed before the commencement; and immediately before the commencement, authorised in accordance with the terms of the guardian’s appointment to make decisions for the adult about the use of a restrictive practice in relation to the adult.\n(sec.265-ssec.2) Despite chapter 5B, the guardian may continue to make decisions for the adult about use of the restrictive practice in relation to the adult.\n(sec.265-ssec.3) This section stops applying on the earlier of— the guardian’s appointment being reviewed by the tribunal; or the first day after the transitional period ends.\n(sec.265-ssec.4) In this section— commencement means the commencement of this section. restrictive practice see section 80U. transitional period means the period starting on the commencement and ending 27 months after the commencement.\n- (a) appointed before the commencement; and\n- (b) immediately before the commencement, authorised in accordance with the terms of the guardian’s appointment to make decisions for the adult about the use of a restrictive practice in relation to the adult.\n- (a) the guardian’s appointment being reviewed by the tribunal; or\n- (b) the first day after the transitional period ends.","sortOrder":430},{"sectionNumber":"sec.266","sectionType":"section","heading":"Short term approvals not to be given during transitional period","content":"### sec.266 Short term approvals not to be given during transitional period\n\nChapter 5B, part 4 does not apply during the transitional period.\nIn this section—\ntransitional period means the period starting on 1 July 2008 and ending on the date of assent of the Criminal History Screening Legislation Amendment Act 2010 .\ns 266 ins 2008 No. 23 s 29\namd 2010 No. 5 s 215\n(sec.266-ssec.1) Chapter 5B, part 4 does not apply during the transitional period.\n(sec.266-ssec.2) In this section— transitional period means the period starting on 1 July 2008 and ending on the date of assent of the Criminal History Screening Legislation Amendment Act 2010 .","sortOrder":431},{"sectionNumber":"ch.12-pt.9","sectionType":"part","heading":"Transitional provision for Guardianship and Administration and Other Acts Amendment Act 2008","content":"# Transitional provision for Guardianship and Administration and Other Acts Amendment Act 2008","sortOrder":432},{"sectionNumber":"sec.267","sectionType":"section","heading":"Directions to former attorney","content":"### sec.267 Directions to former attorney\n\nSection 138AA also applies in relation to a person whose appointment as attorney for a matter ended before the commencement of this section.\ns 267 ins 2008 No. 54 s 21","sortOrder":433},{"sectionNumber":"ch.12-pt.10","sectionType":"part","heading":"Transitional provision for Fair Work (Commonwealth Powers) and Other Provisions Act 2009","content":"# Transitional provision for Fair Work (Commonwealth Powers) and Other Provisions Act 2009","sortOrder":434},{"sectionNumber":"sec.268","sectionType":"section","heading":"Remuneration of professional administrators","content":"### sec.268 Remuneration of professional administrators\n\nThis section applies if the tribunal orders, before the commencement, that an administrator for an adult as mentioned in section 48(1) is entitled to remuneration from the adult.\nRepealed section 48(2) continues to apply, despite its repeal, in relation to the remuneration, until the tribunal makes a further order about the administrator’s remuneration.\nIn this section—\ncommencement means the commencement of this section.\nrepealed section 48(2) means section 48(2) as it existed before its repeal by the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 .\ns 268 ins 2009 No. 49 s 103\n(sec.268-ssec.1) This section applies if the tribunal orders, before the commencement, that an administrator for an adult as mentioned in section 48(1) is entitled to remuneration from the adult.\n(sec.268-ssec.2) Repealed section 48(2) continues to apply, despite its repeal, in relation to the remuneration, until the tribunal makes a further order about the administrator’s remuneration.\n(sec.268-ssec.3) In this section— commencement means the commencement of this section. repealed section 48(2) means section 48(2) as it existed before its repeal by the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 .","sortOrder":435},{"sectionNumber":"ch.12-pt.11","sectionType":"part","heading":"Transitional provision for State Penalties Enforcement and Other Legislation Amendment Act 2009","content":"# Transitional provision for State Penalties Enforcement and Other Legislation Amendment Act 2009","sortOrder":436},{"sectionNumber":"sec.269","sectionType":"section","heading":"Declaration and validation concerning particular reviews under s 29","content":"### sec.269 Declaration and validation concerning particular reviews under s 29\n\nDuring the transitional period, section 29 is taken always to have applied in relation to a review of an appointment of an administrator for an adult as if the amendment of that section by the State Penalties Enforcement and Other Legislation Amendment Act 2009 , section 216 had commenced on 1 July 2008.\nIn this section—\ntransitional period means the period starting at the beginning of 1 July 2008 and ending at the end of the day before the commencement of the amendment.\ns 269 (prev s 268) ins 2009 No. 48 s 218\nrenum 2011 No. 13 sch 2 pt 2\n(sec.269-ssec.1) During the transitional period, section 29 is taken always to have applied in relation to a review of an appointment of an administrator for an adult as if the amendment of that section by the State Penalties Enforcement and Other Legislation Amendment Act 2009 , section 216 had commenced on 1 July 2008.\n(sec.269-ssec.2) In this section— transitional period means the period starting at the beginning of 1 July 2008 and ending at the end of the day before the commencement of the amendment.","sortOrder":437},{"sectionNumber":"ch.12-pt.12","sectionType":"part","heading":"Transitional and validation provisions for Guardianship and Administration and Other Legislation Amendment Act 2019","content":"# Transitional and validation provisions for Guardianship and Administration and Other Legislation Amendment Act 2019","sortOrder":438},{"sectionNumber":"sec.270","sectionType":"section","heading":"Definition for part","content":"### sec.270 Definition for part\n\nIn this part—\namendment Act means the Guardianship and Administration and Other Legislation Amendment Act 2019 .\ns 270 prev s 270 ins 2011 No. 13 s 205\nom 2013 No. 39 s 109 sch 2\npres s 270 ins 2019 No. 9 s 42","sortOrder":439},{"sectionNumber":"sec.271","sectionType":"section","heading":"Obligation of registrar of titles","content":"### sec.271 Obligation of registrar of titles\n\nSections 21(2), 27(3) and 32A(3), as amended by the amendment Act, apply only in relation to an advice received by the registrar after the commencement.\ns 271 ins 2019 No. 9 s 42","sortOrder":440},{"sectionNumber":"sec.272","sectionType":"section","heading":"Application of ss 60A–60C","content":"### sec.272 Application of ss 60A–60C\n\nSections 60A to 60C apply—\nin relation to the will of an adult who dies after the commencement; and\nregardless of whether the sale, mortgage, charge, disposition of, or other dealing with, property by the administrator happened before or after the commencement.\ns 272 ins 2019 No. 9 s 42\n- (a) in relation to the will of an adult who dies after the commencement; and\n- (b) regardless of whether the sale, mortgage, charge, disposition of, or other dealing with, property by the administrator happened before or after the commencement.","sortOrder":441},{"sectionNumber":"sec.273","sectionType":"section","heading":"Validation of delegation","content":"### sec.273 Validation of delegation\n\nThis section applies to a delegation by the public trustee of a power of a type described in, and to a person mentioned in, section 250A before the commencement.\nThe delegation is taken to be, and always to have been, as valid and effective as it would have been if it were made after the commencement of section 250A.\ns 273 ins 2019 No. 9 s 42\n(sec.273-ssec.1) This section applies to a delegation by the public trustee of a power of a type described in, and to a person mentioned in, section 250A before the commencement.\n(sec.273-ssec.2) The delegation is taken to be, and always to have been, as valid and effective as it would have been if it were made after the commencement of section 250A.","sortOrder":442},{"sectionNumber":"sec.274","sectionType":"section","heading":"Existing proceedings","content":"### sec.274 Existing proceedings\n\nThis section applies if, immediately before the commencement, a proceeding under this Act had been started but not finished.\nThe proceeding is to continue as if the amendment Act had not been enacted.\ns 274 ins 2019 No. 9 s 42\n(sec.274-ssec.1) This section applies if, immediately before the commencement, a proceeding under this Act had been started but not finished.\n(sec.274-ssec.2) The proceeding is to continue as if the amendment Act had not been enacted.","sortOrder":443},{"sectionNumber":"ch.12-pt.13","sectionType":"part","heading":null,"content":"","sortOrder":444},{"sectionNumber":"sec.275","sectionType":"section","heading":null,"content":"### Section sec.275\n\ns 275 ins 2019 No. 19 s 57\nexp 1 July 2022 (see s 275(5))","sortOrder":445},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":446},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":null,"content":"### Section sch.1-sec.1\n\nsch 1 s 1 om 2019 No. 9 s 43","sortOrder":447},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":null,"content":"### Section sch.1-sec.2\n\nsch 1 s 2 om 2019 No. 9 s 43","sortOrder":448},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":null,"content":"### Section sch.1-sec.3\n\nsch 1 s 3 om 2019 No. 9 s 43","sortOrder":449},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":null,"content":"### Section sch.1-sec.4\n\nsch 1 s 4 om 2019 No. 9 s 43","sortOrder":450},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":null,"content":"### Section sch.1-sec.5\n\nsch 1 s 5 om 2019 No. 9 s 43","sortOrder":451},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":null,"content":"### Section sch.1-sec.6\n\nsch 1 s 6 om 2019 No. 9 s 43","sortOrder":452},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":null,"content":"### Section sch.1-sec.7\n\nsch 1 s 6 om 2019 No. 9 s 43","sortOrder":453},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":null,"content":"### Section sch.1-sec.8\n\nsch 1 s 8 om 2019 No. 9 s 43","sortOrder":454},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":null,"content":"### Section sch.1-sec.9\n\nsch 1 s 9 amd 2012 No. 37 s 51 sch ; 2013 No. 39 s 110 s ch 3 pt 1\nom 2019 No. 9 s 43","sortOrder":455},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":null,"content":"### Section sch.1-sec.10\n\nsch 1 s 10 om 2019 No. 9 s 43","sortOrder":456},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11\n\nsch 1 s 11 om 2019 No. 9 s 43","sortOrder":457},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":458},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12\n\nsch 1 s 12 amd 2001 No. 95 s 16 ; 2012 No. 37 s 51 sch ; 2014 No. 26 s 240 (1)\nom 2019 No. 9 s 43","sortOrder":459},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Financial matter","content":"# Financial matter","sortOrder":460},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Financial matter","content":"### sch.2-sec.1 Financial matter\n\nA financial matter , for an adult, is a matter relating to the adult’s financial or property matters, including, for example, a matter relating to 1 or more of the following—\npaying maintenance and accommodation expenses for the adult and the adult’s dependants, including, for example, purchasing an interest in, or making another contribution to, an establishment that will maintain or accommodate the adult or a dependant of the adult;\npaying the adult’s debts, including any fees and expenses to which an administrator is entitled under a document made by the adult or under a law;\nreceiving and recovering money payable to the adult;\ncarrying on a trade or business of the adult;\nperforming contracts entered into by the adult;\ndischarging a mortgage over the adult’s property;\npaying rates, taxes, insurance premiums or other outgoings for the adult’s property;\ninsuring the adult or the adult’s property;\notherwise preserving or improving the adult’s estate;\ninvesting for the adult in authorised investments;\ncontinuing investments of the adult, including taking up rights to issues of new shares, or options for new shares, to which the adult becomes entitled by the adult’s existing shareholding;\nundertaking a real estate transaction for the adult;\ndealing with land for the adult under the Land Act 1994 or Land Title Act 1994 ;\nundertaking a transaction for the adult involving the use of the adult’s property as security (for example, for a loan or by way of a guarantee) for an obligation the performance of which is beneficial to the adult;\na legal matter relating to the adult’s financial or property matters;\nwithdrawing money from, or depositing money into, the adult’s account with a financial institution.\nsch 2 s 1 amd 2003 No. 87 s 42 ; 2004 No. 43 s 52 ; 2012 No. 37 s 51 sch\n- (a) paying maintenance and accommodation expenses for the adult and the adult’s dependants, including, for example, purchasing an interest in, or making another contribution to, an establishment that will maintain or accommodate the adult or a dependant of the adult;\n- (b) paying the adult’s debts, including any fees and expenses to which an administrator is entitled under a document made by the adult or under a law;\n- (c) receiving and recovering money payable to the adult;\n- (d) carrying on a trade or business of the adult;\n- (e) performing contracts entered into by the adult;\n- (f) discharging a mortgage over the adult’s property;\n- (g) paying rates, taxes, insurance premiums or other outgoings for the adult’s property;\n- (h) insuring the adult or the adult’s property;\n- (i) otherwise preserving or improving the adult’s estate;\n- (j) investing for the adult in authorised investments;\n- (k) continuing investments of the adult, including taking up rights to issues of new shares, or options for new shares, to which the adult becomes entitled by the adult’s existing shareholding;\n- (l) undertaking a real estate transaction for the adult;\n- (m) dealing with land for the adult under the Land Act 1994 or Land Title Act 1994 ;\n- (n) undertaking a transaction for the adult involving the use of the adult’s property as security (for example, for a loan or by way of a guarantee) for an obligation the performance of which is beneficial to the adult;\n- (o) a legal matter relating to the adult’s financial or property matters;\n- (p) withdrawing money from, or depositing money into, the adult’s account with a financial institution.","sortOrder":461},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Personal matter","content":"# Personal matter","sortOrder":462},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Personal matter","content":"### sch.2-sec.2 Personal matter\n\nA personal matter , for an adult, is a matter, other than a special personal matter or special health matter, relating to the adult’s care, including the adult’s health care, or welfare, including, for example, a matter relating to 1 or more of the following—\nwhere the adult lives;\nwith whom the adult lives;\nservices provided to the adult;\nwhether the adult works and, if so, the kind and place of work and the employer;\nwhat education or training the adult undertakes;\nwhether the adult applies for a licence or permit;\nday-to-day issues, including, for example, diet and dress;\nhealth care of the adult;\nwhether to consent to a forensic examination of the adult;\nSee also section 248A (Protection for person carrying out forensic examination with consent).\na legal matter not relating to the adult’s financial or property matter;\na restrictive practice matter under chapter 5B ;\nseeking help and making representations about the use of restrictive practices for an adult who is the subject of a containment or seclusion approval under chapter 5B ;\nwho may have access visits to, or other contact with, the adult;\nadvocacy relating to the care and welfare of the adult.\nsch 2 s 2 amd 2003 No. 87 s 43 ; 2008 No. 23 s 30 ; 2010 No. 2 s 96 sch 1 ; 2016 No. 9 s 55; 2019 No. 9 s 44\n- (a) where the adult lives;\n- (b) with whom the adult lives;\n- (ba) services provided to the adult;\n- (c) whether the adult works and, if so, the kind and place of work and the employer;\n- (d) what education or training the adult undertakes;\n- (e) whether the adult applies for a licence or permit;\n- (f) day-to-day issues, including, for example, diet and dress;\n- (g) health care of the adult;\n- (h) whether to consent to a forensic examination of the adult; Note— See also section 248A (Protection for person carrying out forensic examination with consent).\n- (i) a legal matter not relating to the adult’s financial or property matter;\n- (j) a restrictive practice matter under chapter 5B ;\n- (k) seeking help and making representations about the use of restrictive practices for an adult who is the subject of a containment or seclusion approval under chapter 5B ;\n- (l) who may have access visits to, or other contact with, the adult;\n- (m) advocacy relating to the care and welfare of the adult.","sortOrder":463},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Special personal matter","content":"### sch.2-sec.3 Special personal matter\n\nA special personal matter , for an adult, is a matter relating to 1 or more of the following—\nmaking or revoking the adult’s will;\nmaking or revoking a power of attorney, enduring power of attorney or advance health directive of the adult;\nexercising the adult’s right to vote in a Commonwealth, State or local government election or referendum;\nconsenting to adoption of a child of the adult under 18 years;\nconsenting to marriage of the adult;\nconsenting to the adult entering into a civil partnership;\nconsenting to the adult terminating a civil partnership;\nentering into, or agreeing to enter into, a surrogacy arrangement under the Surrogacy Act 2010 ;\nconsenting to the making or discharge of a parentage order under the Surrogacy Act 2010 ;\nentering a plea on a criminal charge for the adult;\napplying, or consenting to an application, for a cultural recognition order or applying for a discharge order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 ;\napplying to alter the record of sex of the adult in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ;\napplying to alter the record of sex of a child of the adult in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ;\napplying for a recognised details certificate for the adult under the Births, Deaths and Marriages Registration Act 2023 ;\napplying for a recognised details certificate for a child of the adult under the Births, Deaths and Marriages Registration Act 2023 .\nAn attorney under an enduring document or a guardian may not be given power for a special personal matter.\nsch 2 s 3 amd 2010 No. 2 ss 97, 96 sch 1 ; 2011 No. 46 s 59 ; 2012 No. 12 s 59 sch pt 2 ; 2015 No. 33 s 52 (2) sch pt 2 ; 2019 No. 9 s 45 ; 2020 No. 33 s 136 ; 2023 No. 17 s 175\n- (a) making or revoking the adult’s will;\n- (b) making or revoking a power of attorney, enduring power of attorney or advance health directive of the adult;\n- (c) exercising the adult’s right to vote in a Commonwealth, State or local government election or referendum;\n- (d) consenting to adoption of a child of the adult under 18 years;\n- (e) consenting to marriage of the adult;\n- (f) consenting to the adult entering into a civil partnership;\n- (g) consenting to the adult terminating a civil partnership;\n- (h) entering into, or agreeing to enter into, a surrogacy arrangement under the Surrogacy Act 2010 ;\n- (i) consenting to the making or discharge of a parentage order under the Surrogacy Act 2010 ;\n- (j) entering a plea on a criminal charge for the adult;\n- (k) applying, or consenting to an application, for a cultural recognition order or applying for a discharge order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 ;\n- (l) applying to alter the record of sex of the adult in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ;\n- (m) applying to alter the record of sex of a child of the adult in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ;\n- (n) applying for a recognised details certificate for the adult under the Births, Deaths and Marriages Registration Act 2023 ;\n- (o) applying for a recognised details certificate for a child of the adult under the Births, Deaths and Marriages Registration Act 2023 .","sortOrder":464},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Health matter","content":"### sch.2-sec.4 Health matter\n\nA health matter , for an adult, is a matter relating to health care, other than special health care, of the adult.","sortOrder":465},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Health care","content":"### sch.2-sec.5 Health care\n\nHealth care , of an adult, is care or treatment of, or a service or a procedure for, the adult—\nto diagnose, maintain, or treat the adult’s physical or mental condition; and\ncarried out by, or under the direction or supervision of, a health provider.\nHealth care , of an adult, includes withholding or withdrawal of a life-sustaining measure for the adult if the commencement or continuation of the measure for the adult would be inconsistent with good medical practice.\nHealth care , of an adult, does not include—\nfirst aid treatment; or\na non-intrusive examination made for diagnostic purposes; or\nthe administration of a pharmaceutical drug if—\na prescription is not needed to obtain the drug; and\nthe drug is normally self-administered; and\nthe administration is for a recommended purpose and at a recommended dosage level; or\npsychosurgery for the adult.\na visual examination of an adult’s mouth, throat, nasal cavity, eyes or ears\nsch 2 s 5 amd 2001 No. 95 s 17 ; 2016 No. 5 s 923 sch 4\n(sch.2-sec.5-ssec.1) Health care , of an adult, is care or treatment of, or a service or a procedure for, the adult— to diagnose, maintain, or treat the adult’s physical or mental condition; and carried out by, or under the direction or supervision of, a health provider.\n(sch.2-sec.5-ssec.2) Health care , of an adult, includes withholding or withdrawal of a life-sustaining measure for the adult if the commencement or continuation of the measure for the adult would be inconsistent with good medical practice.\n(sch.2-sec.5-ssec.3) Health care , of an adult, does not include— first aid treatment; or a non-intrusive examination made for diagnostic purposes; or the administration of a pharmaceutical drug if— a prescription is not needed to obtain the drug; and the drug is normally self-administered; and the administration is for a recommended purpose and at a recommended dosage level; or psychosurgery for the adult. a visual examination of an adult’s mouth, throat, nasal cavity, eyes or ears\n- (a) to diagnose, maintain, or treat the adult’s physical or mental condition; and\n- (b) carried out by, or under the direction or supervision of, a health provider.\n- (a) first aid treatment; or\n- (b) a non-intrusive examination made for diagnostic purposes; or\n- (c) the administration of a pharmaceutical drug if— (i) a prescription is not needed to obtain the drug; and (ii) the drug is normally self-administered; and (iii) the administration is for a recommended purpose and at a recommended dosage level; or\n- (i) a prescription is not needed to obtain the drug; and\n- (ii) the drug is normally self-administered; and\n- (iii) the administration is for a recommended purpose and at a recommended dosage level; or\n- (d) psychosurgery for the adult. Example of paragraph (b) — a visual examination of an adult’s mouth, throat, nasal cavity, eyes or ears\n- (i) a prescription is not needed to obtain the drug; and\n- (ii) the drug is normally self-administered; and\n- (iii) the administration is for a recommended purpose and at a recommended dosage level; or","sortOrder":466},{"sectionNumber":"sch.2-sec.5A","sectionType":"section","heading":"Life-sustaining measure","content":"### sch.2-sec.5A Life-sustaining measure\n\nA life-sustaining measure is health care intended to sustain or prolong life and that supplants or maintains the operation of vital bodily functions that are temporarily or permanently incapable of independent operation.\nWithout limiting subsection (1) , each of the following is a life-sustaining measure —\ncardiopulmonary resuscitation;\nassisted ventilation;\nartificial nutrition and hydration.\nA blood transfusion is not a life-sustaining measure .\nsch 2 s 5A ins 2001 No. 95 s 18\n(sch.2-sec.5A-ssec.1) A life-sustaining measure is health care intended to sustain or prolong life and that supplants or maintains the operation of vital bodily functions that are temporarily or permanently incapable of independent operation.\n(sch.2-sec.5A-ssec.2) Without limiting subsection (1) , each of the following is a life-sustaining measure — cardiopulmonary resuscitation; assisted ventilation; artificial nutrition and hydration.\n(sch.2-sec.5A-ssec.3) A blood transfusion is not a life-sustaining measure .\n- (a) cardiopulmonary resuscitation;\n- (b) assisted ventilation;\n- (c) artificial nutrition and hydration.","sortOrder":467},{"sectionNumber":"sch.2-sec.5B","sectionType":"section","heading":"Good medical practice","content":"### sch.2-sec.5B Good medical practice\n\nGood medical practice is good medical practice for the medical profession in Australia having regard to—\nthe recognised medical standards, practices and procedures of the medical profession in Australia; and\nthe recognised ethical standards of the medical profession in Australia.\nsch 2 s 5B ins 2001 No. 95 s 18\n- (a) the recognised medical standards, practices and procedures of the medical profession in Australia; and\n- (b) the recognised ethical standards of the medical profession in Australia.","sortOrder":468},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Special health matter","content":"### sch.2-sec.6 Special health matter\n\nA special health matter , for an adult, is a matter relating to special health care of the adult.\nAn attorney under an enduring document or a guardian may not be given power for a special health matter.\nHowever, an adult may give a direction about a special health matter in an advance health directive. Alternatively, in particular circumstances the tribunal may consent to particular special health care—see section 68 .\nsch 2 s 6 amd 2010 No. 2 s 96 sch 1","sortOrder":469},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Special health care","content":"### sch.2-sec.7 Special health care\n\nSpecial health care , of an adult, is health care of the following types—\nremoval of tissue from the adult while alive for donation to someone else;\nFor the situation after the adult has died, see the Transplantation and Anatomy Act 1979 , particularly section 22 .\nsterilisation of the adult;\ntermination of a pregnancy of the adult;\nparticipation by the adult in special medical research or experimental health care;\nelectroconvulsive therapy or a non-ablative neurosurgical procedure for the adult;\nprescribed special health care of the adult.\nsch 2 s 7 amd 2001 No. 95 s 19 ; 2010 No. 2 s 96 sch 1 ; 2016 No. 5 s 923 sch 4\n- (a) removal of tissue from the adult while alive for donation to someone else; Note— For the situation after the adult has died, see the Transplantation and Anatomy Act 1979 , particularly section 22 .\n- (b) sterilisation of the adult;\n- (c) termination of a pregnancy of the adult;\n- (d) participation by the adult in special medical research or experimental health care;\n- (e) electroconvulsive therapy or a non-ablative neurosurgical procedure for the adult;\n- (f) prescribed special health care of the adult.","sortOrder":470},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Removal of tissue for donation","content":"### sch.2-sec.8 Removal of tissue for donation\n\nFor an adult, removal of tissue for donation to someone else includes removal of tissue from the adult so laboratory reagents, or reference and control materials, derived completely or partly from pooled human plasma may be given to the other person.\nTissue is—\nan organ, blood or part of a human body; or\na substance that may be extracted from an organ, blood or part of a human body.\n(sch.2-sec.8-ssec.1) For an adult, removal of tissue for donation to someone else includes removal of tissue from the adult so laboratory reagents, or reference and control materials, derived completely or partly from pooled human plasma may be given to the other person.\n(sch.2-sec.8-ssec.2) Tissue is— an organ, blood or part of a human body; or a substance that may be extracted from an organ, blood or part of a human body.\n- (a) an organ, blood or part of a human body; or\n- (b) a substance that may be extracted from an organ, blood or part of a human body.","sortOrder":471},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Sterilisation","content":"### sch.2-sec.9 Sterilisation\n\nSterilisation is health care of an adult who is, or is reasonably likely to be, fertile that is intended, or reasonably likely, to make the adult, or ensure the adult is, permanently infertile.\nendometrial oblation, hysterectomy, tubal ligation and vasectomy\nSterilisation does not include health care primarily to treat organic malfunction or disease of the adult.\n(sch.2-sec.9-ssec.1) Sterilisation is health care of an adult who is, or is reasonably likely to be, fertile that is intended, or reasonably likely, to make the adult, or ensure the adult is, permanently infertile. endometrial oblation, hysterectomy, tubal ligation and vasectomy\n(sch.2-sec.9-ssec.2) Sterilisation does not include health care primarily to treat organic malfunction or disease of the adult.","sortOrder":472},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Termination","content":"### sch.2-sec.10 Termination\n\nTermination , of a pregnancy of an adult, does not include health care primarily to treat organic malfunction or disease of the adult.","sortOrder":473},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Primary reason for treatment","content":"### sch.2-sec.11 Primary reason for treatment\n\nHealth care primarily to treat organic malfunction or disease , of an adult, is health care without which an organic malfunction or disease of the adult is likely to cause serious or irreversible damage to the adult’s physical health.\nHealth care involving sterilisation may be primarily to treat organic malfunction or disease if the adult has cancer affecting the reproductive system or cryptorchidism.\nA procedure involving termination of a pregnancy may be primarily to treat organic malfunction if the adult is a pregnant woman requiring abdominal surgery for injuries sustained in an accident.\n- 1 Health care involving sterilisation may be primarily to treat organic malfunction or disease if the adult has cancer affecting the reproductive system or cryptorchidism.\n- 2 A procedure involving termination of a pregnancy may be primarily to treat organic malfunction if the adult is a pregnant woman requiring abdominal surgery for injuries sustained in an accident.","sortOrder":474},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Special medical research or experimental health care","content":"### sch.2-sec.12 Special medical research or experimental health care\n\nSpecial medical research or experimental health care , for an adult, means—\nmedical research or experimental health care relating to a condition the adult has or to which the adult has a significant risk of being exposed; or\nmedical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had.\nSpecial medical research or experimental health care does not include—\npsychological research; or\napproved clinical research.\n(sch.2-sec.12-ssec.1) Special medical research or experimental health care , for an adult, means— medical research or experimental health care relating to a condition the adult has or to which the adult has a significant risk of being exposed; or medical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had.\n(sch.2-sec.12-ssec.2) Special medical research or experimental health care does not include— psychological research; or approved clinical research.\n- (a) medical research or experimental health care relating to a condition the adult has or to which the adult has a significant risk of being exposed; or\n- (b) medical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had.\n- (a) psychological research; or\n- (b) approved clinical research.","sortOrder":475},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":null,"content":"### Section sch.2-sec.13\n\nsch 2 s 13 amd 2003 No. 87 s 44\nom 2019 No. 9 s 46","sortOrder":476},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"Electroconvulsive therapy","content":"### sch.2-sec.14 Electroconvulsive therapy\n\nElectroconvulsive therapy is the application of electric current to specific areas of the head to produce a generalised seizure that is modified by general anaesthesia and the administration of a muscle relaxing agent.","sortOrder":477},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Psychosurgery","content":"### sch.2-sec.15 Psychosurgery\n\nPsychosurgery is a procedure on the brain, that involves deliberate damage to or removal of brain tissue, for the treatment of a mental illness.\nsch 2 s 15 sub 2016 No. 5 s 923 sch 4","sortOrder":478},{"sectionNumber":"sch.2-sec.15A","sectionType":"section","heading":"Non-ablative neurosurgical procedure","content":"### sch.2-sec.15A Non-ablative neurosurgical procedure\n\nA non-ablative neurosurgical procedure is a procedure on the brain, that does not involve deliberate damage to or removal of brain tissue, for the treatment of a mental illness.\nsch 2 s 15A ins 2016 No. 5 s 923 sch 4","sortOrder":479},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":null,"content":"### Section sch.2-sec.16\n\nsch 2 s 16 om 2001 No. 95 s 20","sortOrder":480},{"sectionNumber":"sch.2-sec.17","sectionType":"section","heading":"Prescribed special health care","content":"### sch.2-sec.17 Prescribed special health care\n\nPrescribed special health care means health care prescribed under a regulation for this section.","sortOrder":481},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Legal matter","content":"# Legal matter","sortOrder":482},{"sectionNumber":"sch.2-sec.18","sectionType":"section","heading":"Legal matter","content":"### sch.2-sec.18 Legal matter\n\nA legal matter , for an adult, includes a matter relating to—\nuse of legal services to obtain information about the adult’s legal rights; and\nuse of legal services to undertake a transaction; and\nuse of legal services to bring or defend a proceeding before a court, tribunal or other entity, including an application under the Succession Act 1981 , part 4 or an application for compensation arising from a compulsory acquisition; and\nThe Succession Act 1981 , part 4 enables the Supreme Court to make provision for a dependant of a deceased person from the deceased person’s estate if adequate provision is not made from the estate for the dependant’s proper maintenance and support.\nbringing or defending a proceeding, including settling a claim, whether before or after the start of a proceeding.\nsch 2 s 18 amd 2010 No. 2 s 96 sch 1\n- (a) use of legal services to obtain information about the adult’s legal rights; and\n- (b) use of legal services to undertake a transaction; and\n- (c) use of legal services to bring or defend a proceeding before a court, tribunal or other entity, including an application under the Succession Act 1981 , part 4 or an application for compensation arising from a compulsory acquisition; and Note— The Succession Act 1981 , part 4 enables the Supreme Court to make provision for a dependant of a deceased person from the deceased person’s estate if adequate provision is not made from the estate for the dependant’s proper maintenance and support.\n- (d) bringing or defending a proceeding, including settling a claim, whether before or after the start of a proceeding.","sortOrder":483}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original core intent — appointing guardians and administrators for adults lacking decision-making capacity — has expanded significantly over time through amendments. The scope now includes: appointments for missing persons (added 2019); advance appointments for young people transitioning to adulthood (expanded); a distinct regime for 'restrictive practice matters' involving behaviour management (added 2008, expanded since); heightened and ongoing disclosure requirements for appointees; detailed suitability screening including criminal history checks; and complex interaction rules with other legal instruments. These additions go beyond simply filling a decision-making gap for incapacitated adults, extending into areas of child-to-adult transition planning, missing persons estate management, and physical behaviour restriction oversight."},"complexity_factors":["Multiple appointment types with distinct eligibility criteria (standard, missing person, advance/transition-to-adulthood, restrictive practice)","Extensive cross-referencing between sections and to other legislation (Public Trustee Act 1978, Bankruptcy Act 1966, Powers of Attorney Act 1998, Mental Health Act 2016, Trustee Companies Act 1968, Residential Services Act 2002, etc.)","Layered eligibility and suitability criteria for appointees with numerous disqualifying factors","Complex interaction between tribunal-appointed guardians/administrators and pre-existing legal instruments (enduring powers of attorney, advance health directives)","Multiple overlapping categories of who can apply for appointments, each with different lists of eligible applicants","Automatic revocation triggers alongside discretionary revocation and periodic mandatory review requirements","Different rules applying to different appointment types (e.g., missing persons appointments have unique notification and revocation requirements)","Separate regime for 'restrictive practice matters' operating under a different chapter with carve-outs throughout","Ongoing disclosure obligations with criminal penalties for non-compliance","Land registration requirements imposing procedural steps on multiple parties within fixed timeframes"],"plain_english_summary":"## Guardianship and Administration Act 2000 (Queensland) — Chapter 3 & Part of Chapter 4\n\n### What does this law do?\n\nThis Queensland law sets out the rules for appointing someone to make decisions on behalf of an adult who **cannot make certain decisions for themselves** — either because of a disability, illness, injury, or other condition affecting their mental capacity (their ability to understand and make decisions).\n\nThere are two types of decision-makers that can be appointed:\n- A **guardian** — makes decisions about *personal matters* (like where you live, what medical treatment you receive, and day-to-day care)\n- An **administrator** — makes decisions about *financial matters* (like managing your money, property, and assets)\n\n---\n\n### Who does this affect?\n\n**Adults who may lose decision-making capacity**, including people with:\n- Dementia or acquired brain injuries\n- Intellectual disabilities\n- Severe mental illness\n- Any condition that impairs their ability to make or communicate decisions\n\nIt also affects **families, carers, and professionals** who may be appointed — or who may apply for an appointment — to help manage the affairs of someone they care for.\n\n---\n\n### Key things this law covers:\n\n**1. When can a guardian or administrator be appointed? (s.12)**\nA special tribunal (the Queensland Civil and Administrative Tribunal, or QCAT) can appoint someone only if:\n- The adult genuinely cannot make decisions about the relevant matter\n- There is a real need for decisions to be made, OR the adult is at risk of seriously harming their own health, welfare, or finances\n- Without an appointment, the adult's needs won't be properly met or their interests protected\n\n**2. Missing persons (s.12A)**\nIf an adult has gone missing for at least 90 days, no one knows if they're alive, and reasonable efforts have been made to find them, a financial administrator (not a guardian) can be appointed to look after their assets. This appointment ends automatically once the person is found alive, confirmed dead, or presumed dead.\n\n**3. Advance appointments for young people turning 18 (s.13, s.13A)**\nIf a person aged 17½ is likely to need a guardian or administrator when they turn 18 (for example, a young person with a significant disability), an appointment can be made *before* they become an adult. It kicks in on their 18th birthday and lasts until they turn 19, unless extended.\n\n**4. Who can be appointed? (s.14, s.15)**\nNot just anyone can be appointed. The tribunal must be satisfied the person is suitable. They cannot be:\n- Under 18\n- A paid carer or health provider for the adult (to avoid conflicts of interest)\n- Bankrupt (for financial administrators)\n\nThe tribunal looks at things like: potential conflicts of interest, cultural compatibility, availability, communication skills, and criminal history.\n\n**5. Disclosure requirements (s.16, s.17)**\nAnyone proposed as a guardian or administrator must honestly disclose their background — including criminal history, past bankruptcies, and any conflicts of interest — *before* they are appointed, and must continue to update this information throughout their appointment. Failing to do so is a criminal offence (fine of up to 40 penalty units).\n\n**6. Relationship with existing legal documents (s.22–s.25)**\nIf an adult already has a legal document giving someone power to make decisions (like an **enduring power of attorney** — a document where you legally authorise someone to act for you), the tribunal appointment takes priority. However, protections exist for people who acted in good faith without knowing about the tribunal appointment.\n\n**7. Financial management plans (s.20)**\nPeople appointed as financial administrators must submit a plan to the tribunal explaining how they will manage the adult's finances.\n\n**8. Land and property (s.21)**\nIf an appointment involves real estate, it must be formally registered with the titles registry (the government office that records property ownership) within 3 months.\n\n**9. When appointments end (s.26–s.32B)**\nAppointments automatically end in certain situations, including:\n- The guardian/administrator becomes the adult's paid carer\n- The guardian/administrator dies or goes bankrupt\n- The adult dies\n- A marriage or civil partnership between the guardian and adult is dissolved\n\nAppointments are also reviewed at least every **5 years**. The tribunal can revoke, change, or extend appointments at any time.\n\n**10. Powers and duties of guardians/administrators (s.33–s.37)**\nOnce appointed, a guardian or administrator has the same powers to act as the adult would have had if fully capable — but they must:\n- Act *honestly* and with *reasonable care*\n- Follow the tribunal's orders\n- Apply legal principles designed to protect the adult's dignity and wellbeing\n- Avoid using their position for their own benefit (known as a \"conflict transaction\" — for example, buying the adult's property themselves)"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.12A(2)","severity":"medium","reasoning":"Usual residence is an ongoing, present-tense concept. If it is genuinely unknown whether the person is alive, their current usual residence cannot be established — only their last-known residence. The section conflates two incompatible epistemic states: complete uncertainty about existence and confident assertion of current domicile.","confidence":0.75,"description":"The definition of 'missing person' requires that 'it is not known if the adult is alive' — yet the section also requires the adult to 'usually reside in the State' (sec.12A(1)(b)), which presupposes a living person with an ongoing residential status. You cannot meaningfully establish current usual residence for someone whose existence is unknown."},{"type":"other","section":"sec.12(3) / sec.12A(5)","severity":"low","reasoning":"While practically explicable, it creates the logical oddity that a person with impaired capacity can initiate proceedings about themselves but a potentially-alive missing person cannot. The asymmetry is worth noting though not a direct logical flaw.","confidence":0.55,"description":"Under sec.12, the adult may apply for their own appointment as subject of a guardianship/administration order. Under sec.12A, an administrator can be appointed for a missing person whose whereabouts and existence are unknown — yet sec.12A(5) does not include the adult as an applicant. This is internally consistent for sec.12A but creates an ironic asymmetry: a capable adult can trigger their own guardianship under sec.12, but a missing adult (who may be alive) has no voice in sec.12A proceedings."},{"type":"self_contradicting","section":"sec.27B(2)","severity":"medium","reasoning":"Revocation on the ground that the adult is alive makes sense (they can manage their own affairs). Revocation because they may be presumed dead also makes sense (a deceased estate regime applies). But listing both as mandatory revocation triggers in the same subsection without distinguishing consequences treats diametrically opposed facts as legally equivalent, which is logically incoherent.","confidence":0.8,"description":"The tribunal must revoke an administration order for a missing person if satisfied the adult 'is alive', 'has died', or 'may be presumed to be dead'. These three grounds are exhaustive and mutually exclusive — yet together they cover virtually every conceivable state. This means the tribunal must revoke the order under almost any circumstances, rendering the appointment inherently temporary regardless of ongoing financial need. More critically, 'the adult is alive' and 'the adult may be presumed to be dead' are logically contradictory states that both compel the same outcome (revocation), creating a situation where opposite facts produce identical legal consequences."},{"type":"impossible_compliance","section":"sec.13(4) and sec.13(5)","severity":"medium","reasoning":"The criterion for extension (very limited review need) is most easily satisfied for mild impairments, yet those are the cases least requiring extended appointment. Severe, permanent impairments generate high review needs, making extensions structurally harder to obtain for the most vulnerable — the opposite of the legislation's protective purpose.","confidence":0.72,"description":"An advance appointment for a 17.5-year-old begins when the individual turns 18 and ends when they turn 19 (sec.13(4)), but the tribunal may extend it for a 'longer period' only if it considers 'the need for the tribunal to review the appointment is very limited' (sec.13(5)(b)). This creates a perverse incentive: the more seriously impaired and in need of ongoing oversight an adult is, the less likely the 'very limited review need' criterion is satisfied, making extensions harder to obtain for those who need them most."},{"type":"self_contradicting","section":"sec.14(4) and sec.14(5)","severity":"medium","reasoning":"A statutory obligation that expressly carries no legal consequence for non-compliance is a logical absurdity. The legislature has simultaneously created a duty and abolished any mechanism for its enforcement, rendering the provision purely aspirational with zero operative effect.","confidence":0.88,"description":"Section 14(4) requires the tribunal to inform a parent-applicant of the power to appoint successive appointees before making an appointment on that application. Section 14(5) immediately provides that failure to comply with this requirement does not affect the validity of the appointment. The mandatory obligation (sec.14(4)) is thus rendered completely toothless by sec.14(5) — it is a duty with no consequence for breach, making it functionally meaningless."},{"type":"other","section":"sec.16(1)(a)","severity":"low","reasoning":"While the disclosure may assist the tribunal in screening candidates early, the logical structure is odd: you require someone to disclose that they possess a characteristic that categorically disqualifies them, when the prohibition already operates independently. The duty is redundant rather than genuinely absurd, but it reflects poor legislative drafting.","confidence":0.65,"description":"A proposed appointee who has 'agreed to a proposed appointment' must advise the tribunal if they are 'under 18 years'. However, sec.14(1)(a)(i) expressly prohibits appointing anyone under 18 as a guardian. The disclosure obligation for a fact that is an absolute bar to appointment serves no practical purpose — the tribunal cannot appoint such a person regardless of disclosure."},{"type":"other","section":"sec.21(1) and sec.21(3)","severity":"low","reasoning":"The administrator is financially liable for a fee associated with a dual notification process they only partially control. If the tribunal notifies first, a duplicate fee situation may arise. The fee allocation is not logically linked to who bears the notification obligation.","confidence":0.6,"description":"Both the tribunal and the administrator must advise the registrar of titles within 3 months of appointment (sec.21(1)), but only the administrator must pay the fee (sec.21(3)). This means the tribunal has an independent obligation to notify but the administrator bears the financial burden of both notifications, even though the administrator cannot control the timing or content of the tribunal's separate notification."},{"type":"self_contradicting","section":"sec.31(2) and sec.31(4)","severity":"medium","reasoning":"The interplay between the revocation test (would a new appointment be made?) and the removal test (is this appointee incompetent or is someone more appropriate?) creates a logical mismatch. The tribunal may be satisfied guardianship is still needed (so sec.31(2) is satisfied) but unable to replace the specific guardian under sec.31(4), even if it would prefer a different person who doesn't meet the 'more appropriate' threshold under that section's specific criteria.","confidence":0.7,"description":"Section 31(2) requires the tribunal to revoke an appointment unless satisfied it would make a new appointment. Section 31(4) then provides that the tribunal may remove an appointee (short of full revocation) only if the appointee is 'no longer competent' or 'another person is more appropriate'. These are separate and potentially contradictory paths: the tribunal could be satisfied a new appointment would be made (so no revocation under sec.31(2)) yet also be unable to remove the specific appointee under sec.31(4) if neither criterion is met, creating a logical gap where the tribunal is stuck with an appointee it might prefer to replace but cannot."},{"type":"retroactive_impossibility","section":"sec.34(2)","severity":"medium","reasoning":"Once the administrator discovers the adult is alive, the rationale for the exemptions (unknown existence) no longer applies, but the exemptions remain legally operative until the order is revoked. This creates a window where a known-to-be-alive adult is being administered without the protections the Act would otherwise mandate.","confidence":0.75,"description":"An administrator appointed for a missing person under sec.12A is exempted from applying general principles 1, 3, 4, 7, 8 and 10(1)-(3) and (5). These exempted principles include principles relating to the adult's wishes, values, and participation in decisions. The exemption is premised on the adult being missing and therefore unable to communicate — but sec.27A requires the administrator to notify the tribunal if they discover the adult is alive. During the gap between discovery that the adult is alive and revocation of the order, the administrator remains exempt from applying principles designed to protect a living person's autonomy, even though the adult's existence and capacity are now known."}],"contradictions":[{"severity":"medium","section_a":"sec.12(1)(a)","section_b":"sec.12A(1)","confidence":0.82,"description":"Section 12 requires the adult to have 'impaired capacity for the matter' as a precondition for appointment. Section 12A allows appointment of an administrator for a missing person with no requirement that the adult has impaired capacity — only that they are missing and cannot be contacted. This creates two parallel appointment regimes with fundamentally different threshold requirements: one capacity-based, one absence-based, with no reconciliation of how the general capacity principles apply to sec.12A appointments."},{"severity":"medium","section_a":"sec.14(2)","section_b":"sec.31(6)","confidence":0.78,"description":"Section 14(2) provides that the public guardian may be appointed as guardian only if 'there is no other appropriate person available'. Section 31(6) provides that the tribunal may remove the public guardian as appointee 'if there is an appropriate person mentioned in section 14(1) available for appointment'. The removal threshold (is there an appropriate person available?) mirrors the appointment threshold — yet the removal provision is permissive ('may remove') while the appointment restriction is mandatory ('may appoint only if'). This creates an asymmetry: the public guardian must not be appointed if another appropriate person exists, but need not be removed even if one becomes available."},{"severity":"high","section_a":"sec.22(2)","section_b":"sec.22(3)","confidence":0.73,"description":"Section 22(2) restricts an attorney's power to what the tribunal authorises after the tribunal has given power to a guardian or administrator. Section 22(3) immediately carves out health matters entirely from this restriction, referring to sec.66. However, sec.22(1)(b) — the trigger for the whole section — applies when the tribunal 'gives the power to a guardian or an administrator', which would include a guardian for a health matter. The carve-out in sec.22(3) means a guardian can be given health matter power under sec.22(1) while the attorney's health matter power is simultaneously unrestricted under sec.22(3), potentially creating two persons with concurrent unrestricted authority over the same health decisions."},{"severity":"high","section_a":"sec.26(1)(g)","section_b":"sec.29(2)","confidence":0.8,"description":"Section 26(1)(g) provides that a guardian for a restrictive practice matter automatically loses their appointment when the tribunal gives a containment or seclusion approval under chapter 5B. Section 29(2) requires the tribunal to review such a guardian's appointment at least once before the term ends. If the appointment ends automatically under sec.26(1)(g) upon a containment/seclusion approval — which the tribunal itself may issue — the tribunal could effectively extinguish the appointment (and the mandatory review obligation) through its own act, circumventing the review requirement in sec.29(2)."},{"severity":"medium","section_a":"sec.13(4)","section_b":"sec.13A(4)","confidence":0.77,"description":"For advance appointments under sec.13 (general matters), the appointment ends when the individual turns 19 unless the tribunal orders a longer period. Under sec.13A (restrictive practice matters), the appointment ends on the day ordered by the tribunal, which must not be later than when the individual turns 19, with no provision for extension. This creates a structural disparity: a young person with restrictive practice needs has a categorically shorter maximum appointment window than one with general personal or financial needs, with no legislative justification for why restrictive practice guardianship — potentially the most urgent protective measure — receives the most truncated appointment term with no extension mechanism."},{"severity":"low","section_a":"sec.17(1)","section_b":"sec.30(1)","confidence":0.62,"description":"Section 17 imposes a continuing duty on a guardian or administrator to proactively advise the tribunal of new disclosable matters. Section 30 allows the tribunal, on review, to 'require' the guardian or administrator to advise of such matters. If the sec.17 continuing duty is already operative, the sec.30 power to require advice on review is redundant — unless sec.30 contemplates that the sec.17 duty may not have been complied with, in which case the Act implicitly acknowledges that the mandatory duty in sec.17 may be ignored without triggering any mechanism other than a discretionary review requirement."},{"severity":"low","section_a":"sec.12A(2)(a)","section_b":"sec.27A(1)(a) and sec.27B(2)(a)","confidence":0.58,"description":"Section 12A(2)(a) requires, as a precondition of the missing person finding, that 'it is not known if the adult is alive'. Yet sec.27A(1)(a) and sec.27B(2)(a) both contemplate the administrator discovering and notifying that 'the adult is alive' during the appointment. The appointment is therefore premised on a factual uncertainty that the Act simultaneously expects to be resolved in a specific direction (discovery of life), creating a regime that anticipates its own foundational premise being disproved — which is procedurally rational but logically reveals the 'missing person' category as inherently provisional and self-undermining."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original core purpose was to provide a statutory framework for appointing guardians and administrators for adults with impaired capacity to replace the outdated 'committee' system under prior legislation. It has significantly expanded beyond that to incorporate appointments for missing persons (inserted 2019), advance appointments for near-18s, detailed interactions with enduring documents and powers of attorney, restrictive practice approvals under ch.5B (added 2008), clinical research oversight, and extensive review, revocation and enforcement mechanisms that now address modern issues like forensic orders and disability services."},"complexity_factors":["Multiple conditional tests for appointment (impaired capacity + need/risk + inadequate protection without appointee) across ss.12, 12A, 13 and 13A","Cross-references to other chapters (e.g. ch.5B for restrictive practices) and external Acts (Powers of Attorney Act 1998, Public Trustee Act 1978, Mental Health Act 2016, Trustee Companies Act 1968)","Nested definitions, appropriateness factors in s.15 (including criminal history, bankruptcy, conflicts), and layered review/revocation processes in pt.3","Exceptions to exceptions (e.g. public guardian only as last resort in s.14(2); special rules for health matters in ss.22-25)"],"plain_english_summary":"**This law sets out how a tribunal can appoint someone to make decisions for an adult who lacks the mental ability (impaired capacity) to make those decisions themselves.**\n\nIt covers:\n- **Guardians** for personal matters (like health care, where to live, or daily care).\n- **Administrators** for financial matters (like managing money, property, or paying bills).\n\nThe tribunal can only appoint if the adult has impaired capacity for the specific issue, there's a real need or risk of harm without help, and the adult's needs or interests won't be properly met or protected otherwise. Appointments can be for standard cases, missing persons (after 90 days of no contact and searches), or 'advance' appointments for someone almost 18 who is likely to need help soon after turning 18. There are strict rules on who can be appointed (e.g. must be over 18, no conflicts, suitable skills), how to assess suitability (including criminal history or past refusals), and what happens if there's an existing power of attorney or will. The law also explains how appointments can be changed, reviewed every few years, or ended automatically (e.g. if the guardian becomes a paid carer or the adult dies).\n\nIt matters because it balances protecting vulnerable adults from harm or poor decisions with respecting their rights, while setting clear duties for appointees to act honestly, follow principles, avoid conflicts, and keep good records. Without this framework, families or services might make informal decisions that aren't legally protected or could lead to abuse."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2000 Act focused on general guardianship and administration for adults with impaired capacity. Subsequent amendments have significantly expanded its scope to include: advance appointments for minors approaching adulthood (2007, 2010), appointments for missing persons (2019), restrictive practice approvals for adults with intellectual/cognitive disabilities (2008, with further amendments in 2014 and 2019), and tribunal consent to sterilisation of children with impairments (2003). These additions have broadened the Act's application beyond its initial purpose, creating a more complex and far-reaching legislative framework."},"complexity_factors":["Extensive cross-referencing between sections (e.g., s12 excludes restrictive practice matters, referring to s80ZD and ch5B)","Many defined terms with specific meanings across multiple schedules and chapters (e.g., 'capacity', 'enduring document', 'restrictive practice', 'health care', 'special health care')","Multiple appointment types with different conditions: general, missing person, advance appointment, restrictive practice guardians","Nested conditions and exceptions (e.g., s14 eligibility criteria with multiple sub-conditions, s15 appropriateness considerations with sub-clauses)","Detailed procedural rules for hearings, reviews, and appeals in chapter 7","Interaction with other Acts (e.g., Powers of Attorney Act 1998, Disability Services Act 2006, Mental Health Act 2016)","Long history of amendments adding new parts, making the Act layered and complex"],"plain_english_summary":"This law sets up a system for the Queensland Civil and Administrative Tribunal (QCAT) to appoint a **guardian** or **administrator** for an adult who can't make their own decisions due to an impairment (like dementia, intellectual disability, or brain injury). A **guardian** handles personal matters (e.g., where the person lives, health care decisions), while an **administrator** handles financial matters (e.g., paying bills, managing property).\n\nThe tribunal can only appoint someone if:\n- The adult has impaired capacity (can't understand or make decisions about the matter).\n- There's a need for a decision, or the adult is about to do something risky to their health, welfare, or property.\n- Without an appointment, the adult's needs or interests won't be adequately met or protected.\n\nThe law also covers:\n- **Advance appointments**: A guardian or administrator can be appointed for someone aged 17½ to 18, to take effect when they turn 18, if it's likely they'll have impaired capacity then.\n- **Missing persons**: An administrator can be appointed for someone who has been missing for at least 90 days and can't be found, to look after their financial affairs.\n- **Who can be appointed**: The person must be at least 18, not a paid carer or health provider for the adult (unless the public guardian/trustee), and suitable based on factors like compatibility, conflict of interest, and criminal history.\n- **Appointee's powers and duties**: They must act honestly, avoid conflicts, keep proper records (for administrators), and apply general principles. Administrators can invest, make gifts, and maintain dependants, but only within limits.\n- **Health care decisions**: Special rules apply for urgent care, minor treatment, and serious procedures like sterilisation or termination of pregnancy, where the tribunal must consent.\n- **Restrictive practices**: For adults with intellectual or cognitive disabilities, the tribunal can approve the use of containment, seclusion, or other restrictive practices, and appoint guardians for these matters.\n- **Review and revocation**: Appointments are reviewed periodically (usually every 5 years) and can be changed or ended if no longer needed or if the appointee is incompetent."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-administration-act-2000","history":"/api/acts/guardianship-and-administration-act-2000/history","analysis":"/api/acts/guardianship-and-administration-act-2000/analysis","conflicts":"/api/acts/guardianship-and-administration-act-2000/conflicts","importantCases":"/api/acts/guardianship-and-administration-act-2000/important-cases","documents":"/api/acts/guardianship-and-administration-act-2000/documents"}}