{"id":"guardianship-and-administration-regulations-2015","name":"Guardianship and Administration Regulations 2015","slug":"guardianship-and-administration-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235604,"registerId":"sa-guardianship-and-administration-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Guardianship and Administration Regulations 2015","content":"South Australia\nGuardianship and Administration Regulations 2015\nunder the Guardianship and Administration Act 1993\n\nContents\n1\tShort title\n3\tInterpretation\n4\tPublic Advocate's annual report—prescribed particulars of warrant applications (section 24(2) of Act)\n5\tLimits on expenditure by administrators (section 39(3) of Act)\n5A\tAmount retained to pay outstanding debts etc (section 41A(2) of Act)\n6\tReporting fees for private administrators (section 44 of Act)\n7\tRate of remuneration for professional administrators (section 46(2) of Act)\n8\tScale of legal practitioner fees (section 65(3) of Act)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Guardianship and Administration Regulations 2015.\n3—Interpretation\nIn these regulations—\nAct means the Guardianship and Administration Act 1993.\n4—Public Advocate's annual report—prescribed particulars of warrant applications (section 24(2) of Act)\nFor the purposes of section 24(2) of the Act, the prescribed particulars of applications for warrants made during the year are as follows:\n\t(a)\tthe number of applications for warrants made during the year;\n\t(b)\tthe age, sex and details of the alleged mental incapacity of the persons to whom the applications related;\n\t(c)\tthe grounds on which the applications were based;\n\t(d)\tthe number of applications withdrawn during the year;\n\t(e)\tthe number of warrants issued during the year;\n\t(f)\tthe number of warrants refused during the year;\n\t(g)\tin relation to warrants issued—\n\t(i)\tthe age, sex and details of the mental incapacity of the persons to whom the warrants related;\n\t(ii)\tthe grounds on which the warrants were issued;\n\t(iii)\tthe action taken under the warrants.\n5—Limits on expenditure by administrators (section 39(3) of Act)\n\t(1)\tFor the purposes of section 39(3) of the Act, the administrator of the estate of a protected person cannot, except with the prior approval of the Tribunal, expend in any 1 year of administration more than the following amounts of money out of the estate in respect of the following matters:\n\t(a)\tfor accommodation costs (by way of rent or board and lodging) for the protected person—$19 000;\n\t(b)\tfor premiums paid under the Retirement Villages Act 1987—$100 000;\n\t(c)\tfor the maintenance of the protected person's spouse or domestic partner—\n\t(i)\tthe sum produced by adding together the amount of average weekly earnings applicable in respect of each week in that year; or\n\t(ii)\tone half of the protected person's net income (that is to say, taxable income less tax) for the last financial year,\nwhichever is the lesser;\n\t(d)\tfor the maintenance, education or advancement of the protected person's children and grandchildren—$8 700.\n\t(2)\tIn this regulation—\naverage weekly earnings means the amount published quarterly by the Commonwealth Statistician as the average full time adult ordinary time earnings across private and public sectors.\n5A—Amount retained to pay outstanding debts etc (section 41A(2) of Act)\nFor the purposes of section 41A(2)(b) of the Act, the prescribed amount is $5 000.\n6—Reporting fees for private administrators (section 44 of Act)\nA fee prescribed for the purposes of section 44 of the Act in relation to the provision of a statement by an administrator of a protected person's estate to the Public Trustee for examination and preparation of a report for the Tribunal by the Public Trustee may be paid by the administrator from the protected person's estate.\n7—Rate of remuneration for professional administrators (section 46(2) of Act)\nFor the purposes of section 46(2) of the Act, the prescribed rate is $71.50 for each hour.\n8—Scale of legal practitioner fees (section 65(3) of Act)\nA legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person under section 65 of the Act is entitled to receive fees for their services from the Minister in accordance with the scale prescribed by fee notice.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Guardianship and Administration Regulations 2015 revoked the following:\nGuardianship and Administration Regulations 2010\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n19\nGazette 5.3.2015 p893 \n29.3.2015: r 2\n2020\n108\nGazette 4.6.2020 p2923\n1.7.2020: r 2\n2022\n14\nGazette 17.2.2022 p496\n21.3.2022: r 2\n2024\n113\nGazette 5.12.2024 p4552\n1.7.2025: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2020\nr 5A\ninserted by 113/2024 r 3\n1.7.2025\nr 6\ninserted by 108/2020 r 4\n1.7.2020\nrr 7 and 8\ninserted by 14/2022 r 3\n21.3.2022\nSch 1\ndeleted by 14/2022 r 4\n21.3.2022\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2020\nHistorical versions\n1.7.2020\n\n21.3.2022\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have been expanded since the principal 2015 instrument by inserting new monetary prescriptions and payment rules: a prescribed retention amount ($5,000) was added (r 5A, inserted 2024), a provision allowing reporting fees to be paid from a protected person's estate was inserted (r 6, 2020), and prescribed remuneration and legal fee arrangements were added (rr 7–8, 2022). These amendments broaden the regime of fixed financial rules applied to administrators and related actors."},"complexity_factors":["Numerical thresholds and formulas to apply to estates (caps on annual expenditure; maintenance calculation choosing the lesser of average weekly earnings total or half net income) (reg 5(1)(a)–(d))","Reference to an external, periodically published statistic (average weekly earnings published quarterly by the Commonwealth Statistician) used in calculations (reg 5(2))","Prescribed fixed amounts and rates that require periodic updating through regulation (retention $5,000 (reg 5A); professional hourly rate $71.50 (reg 7))","Allocation of payment responsibility across actors: administrators may pay reporting fees from estates (reg 6); Minister pays legal practitioner fees under a fee notice (reg 8)","Decision-maker discretion retained: Tribunal approval required to exceed spending caps (cross-reference to s 39(3) of the Act as applied in reg 5(1))","Cross‑references to the principal Act and external instruments increase interpretive steps (definitions and application depend on the Guardianship and Administration Act 1993 and fee notices)"],"plain_english_summary":"These regulations set specific monetary and reporting rules under the Guardianship and Administration Act 1993: they prescribe what the Public Advocate must report about warrant applications and fix spending limits, retention amounts, fees and hourly rates that apply to administrators, professional administrators and legal practitioners. (Regs 4–8.)\n\nThey affect protected persons' estates (who pay some fees and may have spending capped), administrators (who need Tribunal approval to exceed caps) and the Minister/Public Trustee (who pay certain legal/reporting costs)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The page returned a website error rather than the content of the Guardianship and Administration Regulations 2015 (SA). No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the error page content, not actual legislative provisions","Complexity cannot be meaningfully assessed without access to the instrument itself","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Guardianship and Administration Regulations 2015 (SA) set out the practical rules supporting the Guardianship and Administration Act 1993: procedures, fees, forms and SACAT processes for appointing guardians (personal/health decisions) and administrators (financial management) for adults who lack decision-making capacity. \n\nThey directly affect people with disability, cognitive impairment, mental illness or brain injury, and their families, carers, and appointed decision-makers; the exact regulatory text should be checked on the South Australian legislation website."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for guardianship and administration. The 2024 addition of regulation 5A (the $5,000 debt retention amount) and earlier additions of fee regulations are natural extensions of the original framework rather than scope creep."},"complexity_factors":["Only 8 substantive regulations (plus short title and interpretation)","Minimal defined terms: only 'Act' and 'average weekly earnings' defined","Straightforward numerical limits and fee structures","No nested exceptions or complex conditional logic beyond simple 'whichever is the lesser' calculations","Direct references to parent Act sections without complex cross-referencing","Legislative history tables are administrative, not substantive complexity"],"plain_english_summary":"These regulations set the practical rules for how the **Guardianship and Administration Act 1993** works in South Australia. They deal with people who have been appointed to make decisions for someone who lacks mental capacity (called a 'protected person').\n\n**What it covers:**\n\n- **Reporting requirements**: The Public Advocate must report annually on applications for warrants (legal orders) to investigate whether someone needs a guardian or administrator, including details like age, sex, and alleged mental incapacity.\n\n- **Spending limits**: Administrators (people appointed to manage a protected person's money) cannot spend more than set amounts without special permission from the Tribunal:\n  - **$19,000 per year** on accommodation (rent or board)\n  - **$100,000 per year** on retirement village premiums\n  - For supporting a spouse or partner: either half the protected person's net income OR the total of average weekly earnings for the year (whichever is less)\n  - **$8,700 per year** on maintenance, education, or advancement of children and grandchildren\n\n- **Debt buffer**: Administrators must keep **$5,000** aside to pay any outstanding debts.\n\n- **Fees and pay**: \n  - Private administrators can pay reporting fees from the protected person's estate\n  - Professional administrators get paid **$71.50 per hour**\n  - Private lawyers representing people under this Act get paid according to a government fee scale\n\n**Who it affects:** People appointed as guardians or administrators, the Public Advocate, the Public Trustee, lawyers, and vulnerable South Australians who need decision-making support."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-administration-regulations-2015","history":"/api/acts/guardianship-and-administration-regulations-2015/history","analysis":"/api/acts/guardianship-and-administration-regulations-2015/analysis","conflicts":"/api/acts/guardianship-and-administration-regulations-2015/conflicts","importantCases":"/api/acts/guardianship-and-administration-regulations-2015/important-cases","documents":"/api/acts/guardianship-and-administration-regulations-2015/documents"}}