{"id":"a-1991-62","name":"Guardianship and Management of Property Act 1991","slug":"guardianship-and-management-of-property-act-1991","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"62 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23658,"registerId":"act-a-1991-62-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Guardianship and Management of Property Act 1991.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act or in other legislation.\nFor example, the signpost definition ‘trustee company—see the Trustee\nCompanies Act 1947, dictionary.’ means that the term ‘trustee company’\nis defined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nImportant concepts and principles Part 1A\n","sortOrder":2},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Important concepts and","content":"Part 1A Important concepts and\nprinciples\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Principles to be followed by decision-makers","content":"4 Principles to be followed by decision-makers\n(1) This section applies to the exercise by a person (the decision-maker)\nof a function under this Act in relation to a person with impaired\ndecision-making ability (the protected person).\n(2) The decision-making principles to be followed by the\ndecision-maker are the following:\n(a) the decision-maker must provide or facilitate, as far as\npracticable, support necessary for the protected person to\nunderstand the decision to be made, participate in decision-\nmaking and communicate their wishes;\n(b) the protected person’s wishes, as far as they can be worked out,\nmust be given effect to, unless making the decision in\naccordance with the wishes is likely to significantly adversely\naffect the protected person’s interests;\n(c) if giving effect to the protected person’s wishes is likely to\nsignificantly adversely affect the person’s interests—the\ndecision-maker must give effect to the protected person’s wishes\nas far as possible without significantly adversely affecting the\nprotected person’s interests;\n(d) if the protected person’s wishes cannot be worked out or given\neffect to at all—the interests of the protected person must be\npromoted;\n(e) the protected person’s life (including the person’s lifestyle) must\nbe interfered with to the smallest extent necessary;\n(f) the protected person must be encouraged to look after himself or\nherself as far as possible;\n\n(g) the protected person must be encouraged to live in the general\ncommunity, and take part in community activities, as far as\npossible.\n(3) Before making a decision, the decision-maker must consult with each\ncarer of the protected person.\n(4) However, the decision-maker must not consult with a carer if the\nconsultation would, in the decision-maker’s opinion, adversely affect\nthe protected person’s interests.\n(5) Subsection (3) does not limit the consultation that the decision-maker\nmay carry out.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"When does someone have impaired decision-making","content":"5 When does someone have impaired decision-making\nability?\nFor this Act, a person has impaired decision-making ability if the\nperson’s decision-making ability is impaired because of a physical,\nmental, psychological or intellectual condition or state, whether or not\nthe condition or state is a diagnosable illness.\n","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"What are a person’s interests?","content":"5A What are a person’s interests?\nA person’s interests include the following:\n(a) protection of the person from physical or mental harm;\n(b) prevention of the physical or mental deterioration of the person;\n(c) the ability of the person to—\n(i) look after himself or herself; and\n(ii) live in the general community; and\n(iii) take part in community activities; and\n(iv) maintain the person’s preferred lifestyle (other than any\npart of the person’s preferred lifestyle that is harmful to the\nperson);\n\nImportant concepts and principles Part 1A\n(d) promotion of the person’s financial security;\n(e) prevention of the wasting of the person’s financial resources or\nthe person becoming destitute.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of carer","content":"6 Meaning of carer\nIn this Act:\ncarer—a person is a carer of someone else (the dependant) if—\n(a) the dependant is dependent on the person for ongoing care and\nassistance; and\n(b) the person cares for the dependant otherwise than because of—\n(i) a commercial arrangement; or\n(ii) an arrangement that is substantially commercial.\nExample of a carer\nMs S suffers from a severe brain injury because of a car accident and requires\nconstant care. Her spouse, 2 children aged 18 and 11 and a family friend share her\ncare and would each be a ‘carer’.\n","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Limits on finding impaired decision-making ability","content":"6A Limits on finding impaired decision-making ability\nA person must not be taken to have a physical, mental, psychological\nor intellectual condition relevant to section 7 (Appointment and\npowers of guardians), section 8 (Appointment and powers of\nmanagers) or section 32A (Definitions—pt 2A), definition of\nprotected person only because the person—\n(a) is eccentric; or\n(b) does or does not express a particular political or religious\nopinion; or\n\n(c) is of a particular sexual orientation or expresses a particular\nsexual preference; or\n(d) engages or has engaged in illegal or immoral conduct; or\n(e) takes or has taken drugs, including alcohol (but any effects of a\ndrug may be taken into account).\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Appointment and powers of guardians","content":"7 Appointment and powers of guardians\n(1) This section applies if the ACAT is satisfied that—\n(a) someone has impaired decision-making ability in relation to a\nmatter relating to the person’s health or welfare; and\n(b) while the person has the impaired decision-making ability—\n(i) there is, or is likely to be, a need for a decision in relation\nto the matter; or\n(ii) the person is likely to do something in relation to the matter\nthat involves, or is likely to involve, unreasonable risk to\nthe person’s health, welfare or property; and\n(c) if a guardian is not appointed—\n(i) the person’s needs will not be met; or\n(ii) the person’s interests will be significantly adversely\naffected.\nNote 1 See s 8C in relation to appointment of a guardian for a child.\nNote 2 A person’s needs may be met, or the person’s interests protected, under\nan enduring power of attorney (see Powers of Attorney Act 2006).\n(2) In considering subsection (1) (c), the ACAT must consider—\n(a) if support necessary for the protected person to make, participate\nin and communicate their own decisions were to be provided or\nfacilitated—if it is reasonably likely the person’s—\n(i) needs would be met; and\n(ii) interests would be adequately protected; and\n\n(b) if it is reasonably likely that the necessary support can be\nprovided or facilitated.\n(3) The ACAT may, by order, appoint a guardian for the person, with the\npowers that the ACAT is satisfied are necessary or desirable to make\ndecisions for the person in accordance with the decision-making\nprinciples.\nNote The powers that may be given to a guardian are restricted under s 7B.\n(4) The powers that may be given to a person’s guardian include the\nfollowing powers:\n(a) to decide where, and with whom, the person is to live;\n(b) to decide what education or training the person is to receive;\n(c) to decide whether the person is to be allowed to work;\n(d) if the person is to be allowed to work—to decide the nature of\nthe work, the place of employment and the employer;\n(e) to give, for the person, a consent required for a medical\nprocedure or other treatment (including medical research or low-\nrisk research but not including a prescribed medical procedure\nor medical treatment mentioned in paragraph (f));\nNote For when a guardian may consent to a person participating in\nmedical research or low-risk research, see pt 2B (Medical research\nand low-risk research).\n(f) to give, for the person, a consent required for medical treatment\ninvolving treatment, care or support under the Mental Health\nAct 2015 (other than a prescribed medical procedure);\nNote For provisions relevant to a guardian with power under this\nparagraph, see s 70A (Restrictions on consent by guardian to\nmental health treatment, care or support).\n(g) to bring or continue legal proceedings for or in the name of the\n\n","sortOrder":9},{"sectionNumber":"7A","sectionType":"section","heading":"Appointment of guardians under direction","content":"7A Appointment of guardians under direction\nIf the Supreme Court gives a direction under the Crimes Act 1900,\nsection 316 (Special hearing), the ACAT must appoint a guardian as\ndirected.\n","sortOrder":10},{"sectionNumber":"7B","sectionType":"section","heading":"Restriction on powers of guardians","content":"7B Restriction on powers of guardians\nThe powers that may be given to a person’s guardian do not include\nthe power to discipline the person or the power to do any of the\nfollowing things for the person:\n(a) vote in an election;\n(b) make a will or other testamentary instrument;\n(c) consent to the adoption of a child;\n(d) give a consent to a marriage or civil union;\n(e) give a consent required for a prescribed medical procedure for\nthe person;\n(f) request access to, revoke a request to access, or access voluntary\nassisted dying.\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Appointment and powers of managers","content":"8 Appointment and powers of managers\n(1) This section applies if the ACAT is satisfied that—\n(a) someone has impaired decision-making ability in relation to the\nperson’s financial matters or a matter affecting the person’s\nproperty; and\n(b) while the person has the impaired decision-making ability—\n(i) there is, or is likely to be, a need for a decision in relation\nto the matter; or\n(ii) the person is likely to do something in relation to the matter\nthat involves, or is likely to involve, unreasonable risk to\nthe person’s health, welfare or property; and\n\n(c) if a manager is not appointed—\n(i) the person’s needs will not be met; or\n(ii) the person’s interests will be significantly adversely\naffected.\n(2) In considering subsection (1) (c), the ACAT must consider—\n(a) if support necessary for the protected person to make, participate\nin and communicate their own decisions were to be provided or\nfacilitated—if it is reasonably likely the person’s—\n(i) needs would be met; and\n(ii) interests would be adequately protected; and\n(b) if it is reasonably likely that the necessary support can be\nprovided or facilitated.\n(3) The ACAT may, by order, appoint a manager to manage all, or a\nstated part of, the person’s property, with the powers that the ACAT\nis satisfied are necessary or desirable to allow the manager to make\ndecisions in relation to the property, in accordance with the decision-\nmaking principles.\nNote The ACAT’s power to appoint a manager is restricted under s 8A.\n(4) The powers that may be given to a person’s manager are the powers\nthat the person would have if the person were legally competent to\nexercise powers in relation to the person’s property.\n8AA Manager for missing person’s property\n(1) This section applies if the ACAT is satisfied, on application, that—\n(a) someone is a missing person; and\n(b) the person usually lives in the ACT; and\n\n(c) while the person is missing, there is, or is likely to be, a need for\na decision in relation to the person’s financial matters or\nproperty; and\n(d) the person’s interests will be significantly adversely affected if\na manager is not appointed.\n(2) However, the ACAT must not consider an application under\nsubsection (1) in relation to a person if—\n(a) the public trustee and guardian has made an application to the\nSupreme Court to be appointed the manager of the person’s\nproperty under the Public Trustee and Guardian Act 1985,\nsection 34 (Application for appointment as manager of property)\nand the application has not been finally dealt with; or\n(b) the Supreme Court has appointed the public trustee and guardian\nmanager of the person’s property under that Act, section 34 (2).\n(3) The ACAT may be satisfied that a person is a missing person only if\nsatisfied that—\n(a) it is not known whether the person is alive; and\n(b) reasonable efforts have been made to find the person; and\n(c) for at least 90 days, the person has not contacted—\n(i) anyone who lives at the person’s last-known home address;\nor\n(ii) any relative or friend of the person with whom the person\nis likely to communicate.\nExamples of contact\n1 telephone call\n2 physical sighting of the person\n\n(4) The ACAT may, by order, appoint a manager to manage all, or a\nstated part, of the missing person’s property, with the powers that the\nACAT is satisfied are necessary or desirable to allow the manager to\nmake decisions in relation to the property in accordance with the\ndecision-making principles as if the missing person were a protected\nNote The ACAT’s power to appoint a manager is restricted under s 8A.\n(5) An application under subsection (1), or an appointment under\nsubsection (4), does not prevent the public trustee and guardian\nmaking an application under the Public Trustee and Guardian Act\n1985, section 34 in relation to the property to which the application\nor appointment relates.\n(6) The Legislation Act, part 19.3 (Appointments) does not apply to an\nappointment under subsection (4).\n8AB Missing people’s property—who may apply for\nappointment of manager?\nAn application for the appointment of a manager for a person under\nsection 8AA may be made by any of the following:\n(a) a domestic partner of the person;\n(b) a relative of the person;\n(c) a carer of the person;\n(d) the Attorney-General;\n(e) the public trustee and guardian;\n(f) anyone else who has an interest in the property of the person.\n\n8AC Missing people’s property—powers and term of manager\n(1) The powers that may be given to the manager under section 8AA (4)\n(Manager for missing person’s property) are the powers the missing\nperson would have if the person were able to exercise them.\n(2) However, an order under section 8AA (4) must state the kind of\ndecisions the manager may make and the property in relation to which\nthe power may be exercised.\n(3) An order under section 8AA (4) must also state the term of the\nappointment.\n(4) An appointment under section 8AA (4) must be for not longer than\n2 years, but the ACAT may, on application by the manager or a\nperson mentioned in section 8AB, extend the term for up to 2 more\nyears.\n","sortOrder":12},{"sectionNumber":"8A","sectionType":"section","heading":"Restriction on power to appoint manager outside ACT","content":"8A Restriction on power to appoint manager outside ACT\n(1) The ACAT may appoint a manager for property in the ACT of\nsomeone (the protected person) who lives outside the ACT only if—\n(a) the ACAT is satisfied that it is impracticable for a manager for\nthe property to be appointed in the jurisdiction (the other\njurisdiction) where the protected person lives; or\n(b) an order appointing a manager for the property under the law of\nthe other jurisdiction cannot be registered under section 12\n(Recognition of interstate etc guardians and managers).\n(2) For this section:\njurisdiction means a State, another Territory or a foreign country.\n\n","sortOrder":13},{"sectionNumber":"8B","sectionType":"section","heading":"Effect on guardian or manager of enduring power of","content":"8B Effect on guardian or manager of enduring power of\nattorney in relation to health care\n(a) a person (the principal) has made an enduring power of attorney\ngiving power in relation to health care matters or medical\nresearch matters; and\n(b) the principal has become a person with impaired\ndecision-making capacity; and\n(c) the ACAT appoints a guardian for the principal after the making\nof the power of attorney; and\n(d) the ACAT revokes or suspends the enduring power of attorney,\nor part of it.\nNote The ACAT may revoke the enduring power of attorney, or part of it,\nunder s 62 (2) (c), or suspend the enduring power of attorney, or part of\nit, under s 62 (2) (d).\n(2) If the guardian has power to consent to medical treatment, medical\nresearch or low-risk research for the person, the guardian must\nconsider the terms of the enduring power of attorney before the\nenduring power of attorney, or part of it, was revoked or suspended.\nhealth care matter, for a principal—see the Powers of Attorney\nAct 2006, section 12.\nmedical research matter, for a principal—see the Powers of Attorney\nAct 2006, section 12A.\n","sortOrder":14},{"sectionNumber":"8C","sectionType":"section","heading":"May a guardian or manager be appointed for a child?","content":"8C May a guardian or manager be appointed for a child?\n(1) The ACAT may appoint a guardian or manager for a person who is a\nchild.\n(2) However, the order appointing the guardian or manager does not take\neffect until the person becomes an adult.\n\n","sortOrder":15},{"sectionNumber":"9","sectionType":"section","heading":"Who may be appointed","content":"9 Who may be appointed\n(1) The public trustee and guardian or an individual may be appointed as\na guardian.\n(2) The public trustee and guardian, a trustee company or an individual\nmay be appointed as a manager.\n(3) A person may be appointed both guardian and manager, and people\nmay be appointed jointly as guardians or managers, or both.\n(4) The public trustee and guardian must not be appointed as a person’s\nguardian if an individual who is otherwise suitable has consented to\nbe appointed.\n(5) The public trustee and guardian or a trustee company must not be\nappointed as a manager of a person’s property if an individual who is\notherwise suitable has consented to be appointed.\n","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Considerations affecting appointment","content":"10 Considerations affecting appointment\n(1) A person must not be appointed as a guardian or manager unless the\nperson consents in writing to the appointment.\n(2) A person (except the public trustee and guardian or a trustee\ncompany) must not be appointed as a guardian or manager unless the\nperson is an adult and has informed the ACAT whether the person—\n(a) has been convicted or found guilty of an offence involving\nviolence, fraud or dishonesty; or\n(b) has been, either in the ACT or elsewhere, refused appointment\nas a guardian or manager, or removed from office as a guardian\nor manager; or\n(c) is bankrupt or personally insolvent (and, if so, has given\nparticulars to the ACAT).\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n\n(3) For subsection (2), a person may inform the ACAT on oath or by\nstatutory declaration.\n(4) Someone (other than the public trustee and guardian) may be\nappointed as a guardian or manager only if the ACAT is satisfied that\nthe person will follow the decision-making principles and is\notherwise suitable for appointment.\n(5) For subsection (4), the matters the ACAT must take into account\ninclude—\n(a) the views and wishes of the person (the protected person) for\nwhom a guardian or manager is to be appointed; and\n(b) the desirability of preserving existing relationships with family\nand any other carers; and\n(c) whether the proposed guardian or manager is compatible with\nthe protected person; and\n(d) whether the proposed guardian or manager lives in the ACT; and\n(e) whether the proposed guardian or manager will be available and\naccessible to the protected person; and\n(f) the nature of the functions to be exercised under the order and\nwhether the proposed guardian or manager is competent to\nexercise them; and\n(g) whether the interests and duties of the proposed guardian or\nmanager are likely to conflict with the protected person’s\ninterests to the detriment of the protected person’s interests.\n(6) The interests and duties of the domestic partner or a relative of a\nperson must not be taken to be likely to conflict with the interests of\nthe person only because of the fact of being the domestic partner or\nrelative.\n\n","sortOrder":17},{"sectionNumber":"11","sectionType":"section","heading":"Powers to be least restrictive","content":"11 Powers to be least restrictive\nThe powers given to a person’s guardian or on a manager of a\nperson’s property are to be no more restrictive of the person’s\nfreedom of decision and action than is necessary to achieve the\npurpose of the order.\nNote Also, the guardian or manager should exercise the powers in accordance\nwith the decision-making principles (see s 4).\n","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Recognition of interstate etc guardians and managers","content":"12 Recognition of interstate etc guardians and managers\n(1) The ACAT must, on application, register the appointment of a person\nwho is, under a corresponding law—\n(a) a guardian for another person who lives outside the ACT; or\n(b) a manager of property of another person who lives outside the\nACT.\n(2) On registration, the person is taken to be a guardian, or manager of\nthe property, of the other person, as the case requires, as if the\nappointment had been made by the ACAT.\n(3) The ACAT must not register an appointment unless the instrument of\nappointment, or a copy of it, has been lodged with the ACAT.\ncorresponding law means a law of a State or of another Territory, or\na law of a prescribed country, that corresponds, or substantially\ncorresponds, to this Act.\n","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Authority of guardian or manager","content":"13 Authority of guardian or manager\nAn act or omission of a guardian or manager under this Act has effect\nas if it were an act or omission of the represented person and that\nperson had the legal capacity for the act or omission.\n\n","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Restrictions on manager about property","content":"14 Restrictions on manager about property\n(1) Unless the ACAT, on application, orders otherwise—\n(a) a manager of a person’s property must not enter into a\ntransaction in relation to the property if the interests of the\nmanager are in conflict, or may conflict, with the interests of the\n(b) a manager of a person’s property must keep the manager’s\nproperty separate from the person’s property.\n(2) Subsection (1) (b) does not apply to property owned jointly by the\nmanager and person.\n","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Expenses","content":"15 Expenses\n(1) A person who acts as a guardian or manager is entitled to\nreimbursement of the reasonable expenses incurred in acting as\nguardian or manager.\n(2) Amounts payable under this section are payable out of, and are a\ncharge on, the relevant person’s property or, if the manager concerned\nis manager of part only of the relevant person’s property, that part.\n","sortOrder":22},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"2.1 General","content":"Subdivision 2.2.1 General\n","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Directions by ACAT","content":"16 Directions by ACAT\n(1) The ACAT may, on application, give a direction to a guardian or\nmanager about the exercise of his or her functions or powers.\n(2) A guardian or manager must not, without reasonable excuse,\ncontravene a direction.\n\nSupervision Division 2.2\n","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Restrictions on ACAT’s power to give directions","content":"17 Restrictions on ACAT’s power to give directions\n(1) This section applies to an order that affects a person—\n(a) who has a guardian; or\n(b) for whom a manager is appointed.\n(2) The ACAT must not give a direction that is inconsistent with the\norder.\n","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Advice by ACAT","content":"18 Advice by ACAT\n(1) The ACAT may, on application by a guardian or manager, give an\nopinion or advice about the exercise of functions or powers by the\nguardian or manager.\n(2) A guardian or manager who acts in accordance with such an opinion\nor advice is taken to have acted properly and in accordance with this\nAct unless, in obtaining the opinion or advice, the guardian or\nmanager acted fraudulently or wilfully misrepresented or concealed a\nmaterial fact.\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Review of guardians and managers","content":"19 Review of guardians and managers\n(1) The ACAT may at any time, on application or on its own initiative,\nhold a hearing to consider—\n(a) whether an order appointing a guardian or manager should be—\n(i) varied; or\n(ii) revoked on the ground that the need for guardianship or\nmanagement no longer exists; or\n(b) whether a guardian or manager should be removed under section\n31.\n(2) The ACAT must review an order appointing a guardian or manager\nat least once every 3 years.\n\n(3) The ACAT must review an order appointing a guardian for a person\nif—\n(a) the guardian tells the ACAT under section 70A (6) that a consent\nto treatment is not to be renewed; or\n(b) an advance consent direction made by the person is given to the\nACAT under the Mental Health Act 2015, section 27 (5).\n(4) The ACAT must consider the suitability of a person as a replacement\nguardian or manager as soon as practicable after the person becomes\na replacement guardian or manager.\n(5) For this section:\n(a) order includes an order registered under section 12 (Recognition\nof interstate etc guardians and managers); and\n(b) an order registered under section 12 is taken to have been made\nwhen the order is registered.\n(6) In this section:\nreplacement guardian or manager means a person who becomes a\nguardian or manager when—\n(a) a previous guardian or manager dies; and\n(b) the previous guardian or manager’s appointment provides for\nthe person to become the guardian or manager.\n\nSupervision Division 2.2\nSubdivision 2.2.2 If guardians or managers do not comply\nwith Act\n","sortOrder":27},{"sectionNumber":"19A","sectionType":"section","heading":"ACAT may order compensation etc","content":"19A ACAT may order compensation etc\n(1) The ACAT may order the guardian or manager for a person (the\nprotected person) to pay an amount to the protected person or, if the\nprotected person has died, the protected person’s estate—\n(a) to compensate for a loss caused by the failure of the guardian or\nmanager to comply with this Act in the exercise, or purported\nexercise, of a power; or\n(b) to account for any profits the guardian or manager has accrued\nas a result of their failure to comply with this Act in the exercise,\nor purported exercise, of a power.\n(2) However, the ACAT must not order the guardian or manager to make\na payment under both subsection (1) (a) and (b) in relation to the same\nexercise, or purported exercise, of power.\n(3) Subsection (1) applies whether or not the guardian or manager is\nconvicted of an offence in relation to the failure.\n(4) The ACAT may make an order under subsection (1)—\n(a) on its own initiative; or\n(b) on application by an interested person in relation to the protected\n(5) If the protected person or the guardian or manager has died, any\napplication under subsection (4) (b) must be made—\n(a) within 6 months after the day of the death; and\n(b) if both the protected person and the guardian or manager have\ndied—within 6 months after the day of the first death.\n\n","sortOrder":28},{"sectionNumber":"19B","sectionType":"section","heading":"Compensation under s 19A and later civil proceeding","content":"19B Compensation under s 19A and later civil proceeding\n(a) compensation for the failure of a guardian or manager to comply\nwith this Act is paid in accordance with an order under\nsection 19A; and\n(b) a later civil proceeding is brought in relation to the same failure.\n(2) The payment of compensation must be taken into account in assessing\ndamages in the civil proceeding.\n","sortOrder":29},{"sectionNumber":"19C","sectionType":"section","heading":"Relief from personal liability by court","content":"19C Relief from personal liability by court\n(1) This section applies if a court considers that—\n(a) a guardian or manager is, or may be, personally liable for a\ncontravention of this Act; and\n(b) the guardian or manager has acted honestly and reasonably and\nought fairly to be excused for the contravention.\n(2) The court may relieve the guardian or manager from all or part of the\nguardian’s or manager’s personal liability for the contravention.\n(3) In deciding whether the guardian or manager should be relieved of\nliability, the court must consider the extent to which the guardian or\nmanager has acted consistently with the decision-making principles.\n","sortOrder":30},{"sectionNumber":"19D","sectionType":"section","heading":"ACAT may refer matter to Supreme Court","content":"19D ACAT may refer matter to Supreme Court\nThe ACAT may refer an application under section 19A (4) (b) to the\nSupreme Court.\nNote See the ACT Civil and Administrative Tribunal Act 2008, s 83 and s 84\nfor when an application to the ACAT may be referred to the Supreme\nCourt.\n\nMatters relating to management Division 2.3\n","sortOrder":31},{"sectionNumber":"20","sectionType":"section","heading":"Access to records","content":"20 Access to records\nUnless the ACAT otherwise orders, a manager of a person’s property\nis entitled to inspect a will or other testamentary instrument made by\nthe person and to inspect any other document relating to the property.\n","sortOrder":32},{"sectionNumber":"21","sectionType":"section","heading":"Payments for maintenance etc","content":"21 Payments for maintenance etc\n(1) The manager of a person’s property may, out of the property, pay\nreasonable amounts for the maintenance, advancement or education,\nor otherwise for the benefit, of the person and of the person’s\ndependants (if any).\n(2) The payments may be made to or on behalf of the person and, if the\nperson has a guardian, to the guardian.\n(3) The payments may be made out of income or capital.\n(4) In deciding whether to make a payment, the matters that the manager\nmust take into account include—\n(a) the person’s views and wishes; and\n(b) the amount and nature of the property; and\n(c) the amount and nature of any other of the person’s property; and\n(d) the present and likely future needs of the person and any\ndependants.\n","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Receipt of amounts","content":"22 Receipt of amounts\n(1) Unless the ACAT otherwise orders, the manager of a person’s\nproperty becomes the manager of the following amounts received by\nthe manager:\n(a) interest or income in relation to the property;\n(b) the proceeds of the realisation of the property.\n\n(2) Unless the ACAT otherwise orders, if there is an accretion to property\nin relation to which a manager has been appointed, the manager\nbecomes manager of the extra property.\n","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Execution of instruments","content":"23 Execution of instruments\nAn instrument executed by a manager of a person’s property acting\nas manager has the same effect as if it had been executed by the\n","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Investments","content":"24 Investments\n(1) A manager must not invest amounts held in the capacity as manager\nexcept—\n(a) in investments in which trust money may, in accordance with\nthe Trustee Act 1925, be invested; or\n(b) as the ACAT, by order, allows.\n(2) Subsection (1) has effect despite the Public Trustee and Guardian Act\n1985.\n","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Real estate","content":"25 Real estate\nIf the property for which a manager is appointed includes land held\nunder the Land Titles Act 1925, the manager must—\n(a) within 14 days after being appointed, lodge a copy of the order\nof appointment; or\n(b) within 14 days after being registered as manager under\nsection 12, lodge a copy of the relevant order of appointment\ntogether with evidence of the registration;\nwith the registrar-general.\n\nMatters relating to management Division 2.3\n","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Accounts—manager other than public trustee and","content":"26 Accounts—manager other than public trustee and\nguardian\n(1) A manager other than the public trustee and guardian must, in\naccordance with the regulations, file with the public trustee and\nguardian the accounts and other documents relating to the\nmanagement of the relevant property that are prescribed.\n(2) A person must not, without reasonable excuse, contravene subsection\n(1).\nMaximum penalty: 20 penalty units.\n(3) The ACAT may, on application, by order—\n(a) give a manager directions in relation to the filing of the\nprescribed accounts and documents; and\n(b) direct a manager to have the accounts and documents audited by\na specified auditor.\n(4) A manager must not, without reasonable excuse, contravene a\ndirection.\n","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Examination of accounts","content":"27 Examination of accounts\n(1) The public trustee and guardian must examine the accounts and\ndocuments mentioned in section 26 (1) and may apply to the ACAT\nfor the disallowance of any item in the accounts.\n(2) The ACAT must not make an order disallowing an item if the ACAT\nis satisfied that the manager acted in good faith and with reasonable\ncare in the exercise of powers given to the manager.\n(3) If an item is disallowed by the ACAT, the manager concerned—\n(a) is not entitled to payment under section 15 of the amount of the\nitem disallowed; and\n\n(b) must pay to the Territory the amount of the costs reasonably\nincurred by the public trustee and guardian in making the\napplication to the ACAT.\n(4) If the public trustee and guardian examines the accounts and other\ndocuments in relation to the management of property by the manager,\nthe manager must pay to the Territory the fee determined under\nsection 75 (Determination of fees) for the examination.\n(5) An amount payable to the Territory under subsection (3) (b) or (4) is\npayable on the 28th day after written notice specifying the amount of\nthe debt is given to the debtor by the public trustee and guardian.\n(6) The public trustee and guardian may waive payment of all or part of\nan amount payable to the Territory under subsection (3) (b) or (4) if\nthe public trustee and guardian is satisfied that payment of the amount\nwould impose hardship on a person or that other circumstances justify\nwaiving payment of the amount.\n27AA Accounts—public trustee and guardian\n(1) This section applies if the public trustee and guardian is appointed as\nthe manager of a person’s property under this part.\n(2) The public trustee and guardian must, as soon as practicable after the\nend of each financial year, provide a statement to—\n(a) the person; or\n(b) if a guardian has been appointed for the person—the person’s\n(3) The statement must contain the accounts relating to the management\nof the property during the year.\n\nCessation of guardianship or management Division 2.4\n","sortOrder":39},{"sectionNumber":"27A","sectionType":"section","heading":"Missing people’s property—liability of manager and third","content":"27A Missing people’s property—liability of manager and third\nparty dealings\n(1) A manager does not incur any liability, either to a missing person or\nanyone else, because of conduct done honestly during the manager’s\nappointment under section 8AA (4) (Manager for missing person’s\nproperty) in relation to a missing person’s property if the conduct was\nfor the exercise of a function under the appointment or of a function\nthat the manager believed, on reasonable grounds, was a function\nunder the appointment.\n(2) A person (the third party) who deals with a manager in relation to\nproperty that is under the manager’s control because of the manager’s\nappointment under section 8AA (4), does not incur any liability\nbecause of the dealing if it was done in the honest belief that the\ndealing was for the exercise of a function under the appointment.\nconduct—see the Criminal Code, section 13.\nDivision 2.4 Cessation of guardianship or\nmanagement\n28 Resignation\nA guardian or manager may resign by writing given to the ACAT.\n29 Death of represented person\nSubject to section 30, a person’s guardian, or a manager of a person’s\nproperty, ceases to be guardian or manager when the person dies.\n\n","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Manager may act until notified of discharge etc","content":"30 Manager may act until notified of discharge etc\nAn order appointing a guardian or manager continues in force, so far\nas an act or thing done under it in good faith is concerned, until the\nguardian or manager receives notice of the death of the represented\nperson, notice of the revocation of the order or notice of his or her\nremoval from office under section 31.\n","sortOrder":41},{"sectionNumber":"30A","sectionType":"section","heading":"Missing people’s property—ending of order","content":"30A Missing people’s property—ending of order\nAn order appointing a manager to manage a missing person’s\nproperty under section 8AA (Manager for missing person’s property)\nends if the Supreme Court appoints the public trustee and guardian\nmanager of the property under the Public Trustee and Guardian Act\n1985, section 34.\n","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Removal by ACAT","content":"31 Removal by ACAT\n(1) The ACAT may, by order, remove a person appointed as a guardian\nor manager if it is satisfied that—\n(a) the person is no longer suitable to be a guardian or manager; or\n(b) the person is no longer competent to exercise the functions or\npowers of a guardian or manager; or\n(c) the person has failed to exercise the functions or powers of a\nguardian or manager; or\n(d) the person has contravened a provision of this Act.\n(2) The ACAT may, by order, remove a manager of a missing person’s\nproperty if satisfied, on application by the person or anyone else,\nthat—\n(a) the person is alive; or\n(b) the person is dead; or\n(c) the person may be presumed to be dead.\n\nCessation of guardianship or management Division 2.4\n","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Surviving or substitute guardians etc","content":"32 Surviving or substitute guardians etc\n(1) If a person ceases to be a joint guardian (whether by death or\notherwise)—\n(a) the surviving guardian becomes the sole guardian; or\n(b) if there are 2 or more surviving guardians—the survivors\nbecome joint guardians.\n(2) If a person ceases to be a joint manager of property (whether by death\nor otherwise)—\n(a) the surviving manager becomes the sole manager of the\nproperty; or\n(b) if there are 2 or more surviving managers—the survivors\nbecome joint managers of the property.\n(3) If the public trustee and guardian becomes aware that there is no\nlonger a guardian for a person, but not because of—\n(a) the revocation by the ACAT of the order appointing the person\nas guardian; or\n(b) the removal by the ACAT of the person as guardian;\nthe public trustee and guardian must give the ACAT written notice of\nthe fact.\n(4) If the notice indicates that the public trustee and guardian or a person\nstated by the public trustee and guardian will act as guardian, the\nnotice is taken to be an application for the appointment of the public\ntrustee and guardian or person as the guardian.\n(5) If the public trustee and guardian becomes aware that there is no\nlonger a manager of a person’s property, but not because of—\n(a) the revocation by the ACAT of the order appointing the person\nas manager; or\n\n(b) the removal by the ACAT of the person as manager;\nthe public trustee and guardian must give the ACAT written notice of\nthe fact.\n(6) If the notice indicates that the public trustee and guardian or a person\nstated by the public trustee and guardian has consented to act as\nmanager, the notice is taken to be an application for the appointment\nof the public trustee and guardian or person as the manager.\n\n","sortOrder":44},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Consent to medical treatment","content":"Part 2A Consent to medical treatment\nwithout formal representation\n","sortOrder":45},{"sectionNumber":"32A","sectionType":"section","heading":"Definitions—pt 2A","content":"32A Definitions—pt 2A\nIn this part:\ncarer, for a protected person—see section 32C.\nclose relative or close friend, of a person, means a relative or\nsomeone else in a close personal relationship with the person who has\nfrequent contact with the person and a personal interest in the\nperson’s welfare but does not receive remuneration or reward for the\ncontact.\ndomestic partner, of a person, means a domestic partner who is in a\nclose and continuing relationship with the person.\nNote For the meaning of domestic partner, see the Legislation Act, s 169.\nDomestic partner includes a spouse, civil union partner or civil partner.\nhealth attorney, for a protected person—see section 32B (1).\nhealth professional means—\n(a) in relation to medical treatment involving treatment, care or\nsupport under the Mental Health Act 2015—a mental health\nprofessional under that Act; and\n(b) in any other case—a doctor or dentist.\nmedical treatment—\n(a) includes—\n(i) a medical procedure or treatment; and\n(ii) dental treatment; and\n(iii) a series of procedures or courses of treatment; and\n\n(iv) medical treatment involving treatment, care or support\nunder the Mental Health Act 2015; but\n(b) does not include—\n(i) a prescribed medical procedure; or\n(ii) medical research; or\n(iii) low-risk research.\npriority order, for health attorneys for a protected person—see\nsection 32B (3).\nprotected person means an adult—\n(a) who has impaired decision-making ability for the giving of\nconsent to medical treatment; and\n(b) who has not appointed an attorney with authority to give consent\nfor medical treatment by an enduring power of attorney under—\n(i) the Powers of Attorney Act 2006; or\n(ii) a law of a State or of another Territory, or a law of a\nprescribed country, that corresponds, or substantially\ncorresponds, to the Powers of Attorney Act 2006; and\n(c) for whom the ACAT has not appointed a guardian under this Act\nwith authority to—\n(i) give consent to medical treatment not involving consent for\ntreatment, care or support under the Mental Health Act\n2015; or\n(ii) give consent for medical treatment involving treatment,\ncare or support under the Mental Health Act 2015.\nremuneration or reward does not include a carer’s pension.\n\n","sortOrder":46},{"sectionNumber":"32B","sectionType":"section","heading":"Who is a health attorney for a protected person?","content":"32B Who is a health attorney for a protected person?\n(1) Each of the following people is a health attorney for a protected\nperson:\n(a) the protected person’s domestic partner;\n(b) a carer for the protected person;\n(c) a close relative or close friend of the protected person.\n(2) However, a person is not a health attorney if the person—\n(a) is a child; or\n(b) has impaired decision-making ability.\n(3) The order of health attorneys in subsection (1) is the priority order\nfor the health attorneys.\n","sortOrder":47},{"sectionNumber":"32C","sectionType":"section","heading":"Who is a carer for a protected person?","content":"32C Who is a carer for a protected person?\n(1) A person is a carer for a protected person if he or she—\n(a) is a carer of the person for this Act generally; and\n(b) gives, or arranges for the giving of, care and support to the\nperson in a domestic context but does not receive remuneration\nor reward for giving, or arranging for the giving of, the care and\nsupport.\n(2) If the protected person lives in a hospital, nursing home, group home,\nboarding-house, hostel or similar place, a person giving, or arranging\nfor the giving of, care and assistance to the protected person at that\nplace is not, only because of that fact, a carer for the protected person.\n","sortOrder":48},{"sectionNumber":"32D","sectionType":"section","heading":"Health attorney may give consent","content":"32D Health attorney may give consent\n(1) This section applies if a health professional believes on reasonable\ngrounds that—\n(a) a person is a protected person; and\n\n(b) while the person is a protected person, the person—\n(i) needs, or is likely to need, medical treatment; or\n(ii) would, or is likely to, benefit from participating in low-risk\nresearch; and\n(c) the person does not have an advance consent direction under the\nMental Health Act 2015 authorising the treatment.\n(2) The health professional may ask the health attorney who the health\nprofessional believes on reasonable grounds is best able to represent\nthe views of the protected person to give a consent required for the\nmedical treatment or low-risk research.\nNote A health attorney’s power to consent to medical treatment for a protected\nperson, or to the protected person participating in low-risk research, must\nbe exercised in a way that is consistent with any existing health direction\nmade by the protected person, unless it is not reasonable to do so (see\nMedical Treatment (Health Directions) Act 2006, s 18).\n(3) A health attorney may consent to the protected person participating\nin low-risk research only if the research is approved.\n(4) If, after receiving the information and access to an independent doctor\nmentioned in section 32G, the health attorney gives consent for the\nmedical treatment or low-risk research, the health professional need\nnot obtain any other consent for the medical treatment or low-risk\nresearch.\n(5) However, for medical treatment involving consent for treatment, care\nor support under the Mental Health Act 2015, the health professional\nmay rely on the consent to provide the treatment care or support only\nfor the period allowed under section 32JA.\nNote Special requirements apply for notifying the ACAT if the consent\ninvolved mental health treatment, care or support (see s 32JA).\n\n","sortOrder":49},{"sectionNumber":"32E","sectionType":"section","heading":"Decision-making principles apply","content":"32E Decision-making principles apply\n(1) In making a decision under this part a health professional must follow\nthe decision-making principles.\nNote Decision-making principles—see s 4 (2).\n(2) In considering whether to consent to medical treatment or low-risk\nresearch a health attorney must follow the decision-making\nprinciples.\n(3) If the protected person was participating in low-risk research before\nthe protected person became a person with impaired decision-making\ncapacity, it is presumed the protected person’s wishes include to\ncontinue participating in the research.\nNote Under the decision-making principles, the protected person’s wishes, as\nfar as they can be worked out, must be given effect to (see s 4 (2)).\n","sortOrder":50},{"sectionNumber":"32F","sectionType":"section","heading":"Decision about health attorney","content":"32F Decision about health attorney\n(1) For section 32D (2), in considering who is best able to represent the\nviews of the protected person, a health professional—\n(a) must consider the health attorneys for the protected person in the\npriority order; and\n(b) may take into account any circumstance that the health\nprofessional believes on reasonable grounds is relevant and in\nparticular how readily available is a particular health attorney.\nNote The health professional must also follow the decision-making principles\n(see s 32E).\n(2) The health professional need not consider a health attorney if the\nhealth professional believes on reasonable grounds that the health\nattorney is not a suitable person to consent to medical treatment for\nthe protected person or to the protected person participating in low-\nrisk research.\n\n(3) If subsection (2) applies, a health professional must make a record of\nthe reasons for the belief.\nExamples—s (2)\n1 Rosa is a protected person and needs a hip replacement operation to ensure her\ncontinued mobility and the ability to live in her garden unit which is attached\nto her son’s house. The health professional is made aware that Rosa’s son\nLorenzo has rented out the garden unit to a friend. As the health professional\nis aware of a conflict of interests Lorenzo may reasonably be seen as not\nsuitable to consent to the medical treatment.\n2 Craig is seriously injured in a motorcycle accident and receives emergency\nmedical treatment that saves his life. A week after the accident he has not\nregained consciousness. Craig’s mother, Clarissa, has been visiting regularly\nsometimes accompanied by her partner Joel (who is not Craig’s father). Joel\nstrongly believes that the use of blood products and blood transfusions is\nunacceptable because of the risk of transfer of blood infections. Joel has been\nheard in the hospital demanding that Clarissa refuse any medical treatment that\ninvolves the use of blood products. The health professional is made aware of\nJoel’s conversations with Clarissa on the issue. Consent is required to\nundertake extensive skin grafts involving the use of blood products and\npossibly a blood transfusion. Clarissa may not be a suitable person to consent\nto the medical treatment given what may be undue influence exerted by Joel\non this issue.\n","sortOrder":51},{"sectionNumber":"32G","sectionType":"section","heading":"Health professional must give information to health","content":"32G Health professional must give information to health\nattorney\n(1) If a health professional asks a health attorney to consent to medical\ntreatment for a protected person, or to the protected person\nparticipating in low-risk research, the health professional must give\nthe health attorney information about the following:\n(a) the reasons why the person is a protected person;\n(b) the condition of the protected person;\n(c) the medical treatment or low-risk research for which consent is\nsought;\n(d) any alternative medical treatment or low-risk research that is\navailable;\n\n(e) the nature and likely effect of the medical treatment for which\nconsent is sought and any alternative medical treatment;\n(f) the nature and degree of any significant risks involved with the\nmedical treatment or low-risk research for which consent is\nsought and any alternative medical treatment;\n(g) the likely effect of not providing the medical treatment or low-\nrisk research for which consent is sought;\n(h) the decision-making principles;\n(i) any other matter that the health professional believes on\nreasonable grounds is relevant to the provision of consent for the\nmedical treatment or low-risk research.\n(2) Also, if a health professional asks a health attorney to consent to a\nprotected person participating in low-risk research that is part of a\nclinical trial, the health professional must give the health attorney\naccess to an independent doctor to provide further information and\nanswer any questions the health attorney has about the clinical trial.\nindependent doctor, in relation to low-risk research that is part of a\nclinical trial, means a doctor who is not involved in, or connected to,\nthe research, other than in having a professional interest in the area of\nthe research.\n","sortOrder":52},{"sectionNumber":"32H","sectionType":"section","heading":"Referring matters to public trustee and guardian—refusal","content":"32H Referring matters to public trustee and guardian—refusal\nof consent\n(a) a health professional has requested a health attorney for a\nprotected person to give consent to medical treatment for the\nprotected person or to the protected person participating in low-\nrisk research; and\n\n(b) the health professional believes the refusal is inconsistent with a\nhealth direction under the Medical Treatment (Health\nDirections) Act 2006.\n(2) The health professional must refer the matter to the public trustee and\n(3) On referral of a matter, the public trustee and guardian must—\n(a) if the public trustee and guardian considers the refusal\nreasonable—take no further action; or\n(b) apply to the ACAT to be appointed as guardian for the protected\n","sortOrder":53},{"sectionNumber":"32I","sectionType":"section","heading":"Referring matters to public trustee and guardian—","content":"32I Referring matters to public trustee and guardian—\ndisagreement between health attorneys\n(a) before obtaining the consent to medical treatment for a protected\nperson from the health attorney that the health professional\nbelieves is best able to represent the views of the protected\nperson, the health professional becomes aware that 1 or more of\nthe other health attorneys for the protected person objects to the\ngiving of consent; and\n(b) the health professional is not aware of any health direction under\nthe Medical Treatment (Health Directions) Act 2006 that is\nrelevant to the issue of whether consent to the medical treatment\nshould be given or not.\n(2) The health professional must refer the matter to the public trustee and\n(3) On referral of a matter, the public trustee and guardian may do either\nor both of the following:\n(a) try to help the available health attorneys reach agreement about\nconsent;\n\n(b) apply to the ACAT to be appointed as guardian for the protected\n(4) To remove any doubt, a health professional is not required to seek the\nviews of other health attorneys for a protected person before\nobtaining the consent of the health attorney that the health\nprofessional believes on reasonable grounds is best able to represent\nthe views of the protected person.\n","sortOrder":54},{"sectionNumber":"32J","sectionType":"section","heading":"Notice to public advocate—long-term treatment","content":"32J Notice to public advocate—long-term treatment\n(a) consent to medical treatment for a protected person, or to the\nprotected person participating in low-risk research, has been\ngiven under this part (other than medical treatment involving\ntreatment, care or support under the Mental Health (Treatment\nand Care) Act 1994); and\n(b) the protected person continues to be given medical treatment, or\ncontinues to participate in the research, in accordance with the\nconsent 6 months after the consent was given.\n(2) The health professional who is giving the medical treatment, or\ncarrying out the research, must tell the public advocate of the matters\nmentioned in subsection (1).\n32JA Notice and duration of consent—mental health treatment,\ncare or support\n(1) This section applies if consent has been given under this part for\nmedical treatment for a protected person that involves treatment, care\nor support under the Mental Health Act 2015.\n\n(2) A health professional who is giving the treatment, care or support\nmust within 7 days after the consent is given—\n(a) tell the public advocate in writing that treatment, care or support\nis being given to the protected person in accordance with the\nconsent; and\n(b) give the public advocate a copy of the plan for the proposed\ntreatment, care or support.\n(3) The health professional may rely on the consent for 21 days after it is\ngiven (the initial consent period).\n(4) If treatment, care or support in accordance with the consent is likely\nto be required for longer than the initial consent period, the health\nprofessional must, before the end of that period—\n(a) apply to the ACAT for approval to continue providing treatment,\ncare or support in accordance with the consent; and\n(b) unless the health professional believes on reasonable grounds\nthat someone else has applied to the ACAT for an order\nappointing a guardian for the person—apply to the ACAT under\npart 2 for an order appointing a guardian for the person.\n(5) The ACAT may give approval for the health professional to continue\nto provide treatment, care or support in accordance with the consent\nfor a stated period of not longer than 8 weeks after the end of the\ninitial consent period.\n(6) The ACAT must tell the public advocate of any approval given under\nsubsection (5).\n32JB Interested person may apply to ACAT for review of health\nattorney’s decision\nAn interested person for a protected person may apply to the ACAT\nfor review of the decision of the health attorney to consent, or refuse\nto consent, to the protected person participating in low-risk research\nunder section 32D.\n\n","sortOrder":55},{"sectionNumber":"32K","sectionType":"section","heading":"Protection of health attorney from liability","content":"32K Protection of health attorney from liability\nNo action or proceeding, civil or criminal, lies against a health\nattorney for a protected person in relation to consent given, or not\ngiven, in good faith as a health attorney for the protected person.\n","sortOrder":56},{"sectionNumber":"32L","sectionType":"section","heading":"Protection of health professional from liability","content":"32L Protection of health professional from liability\nNo action or proceeding, civil or criminal, lies against a health\nprofessional in relation to reliance by the health professional, in good\nfaith, on consent given by—\n(a) a health attorney for a protected person; or\n(b) a person the health professional believes on reasonable grounds\nis a health attorney for a protected person.\n","sortOrder":57},{"sectionNumber":"32M","sectionType":"section","heading":"Preservation of liability","content":"32M Preservation of liability\nNothing in this part relieves a health professional from liability in\nrelation to the provision of medical treatment, or the carrying out of\nlow-risk research, if the health professional would have been subject\nto the liability—\n(a) had the protected person not had impaired decision-making\nability; and\n(b) had the treatment been provided or research been carried out\nwith the protected person’s consent.\n","sortOrder":58},{"sectionNumber":"32N","sectionType":"section","heading":"Urgent medical treatment","content":"32N Urgent medical treatment\nThis part does not affect any common law right of a health\nprofessional to provide urgent medical treatment without consent.\n","sortOrder":59},{"sectionNumber":"32O","sectionType":"section","heading":"Interested person may withdraw health attorney’s","content":"32O Interested person may withdraw health attorney’s\nconsent to low-risk research\n(1) This section applies if a health attorney consents to a protected person\nparticipating in low-risk research under section 32D.\n\n(2) An interested person for the protected person may withdraw the\nhealth attorney’s consent.\n(3) If the interested person withdraws the consent, any data or bodily\ntissue collected from the protected person while the person was\nparticipating in the research must be removed from the research,\nunless the interested person agrees, in writing, that the data or bodily\ntissue may be kept.\ninterested person, for a protected person, means each of the following:\n(a) if, despite section 32A, definition of protected person,\nparagraph (b), the protected person has appointed an attorney\nunder an enduring power of attorney—the attorney;\n(b) if, despite section 32A, definition of protected person,\nparagraph (c), the ACAT has appointed a guardian for the\nperson—the guardian;\n(c) the protected person.\n","sortOrder":60},{"sectionNumber":"32P","sectionType":"section","heading":"Health attorney must not benefit from health attorney’s","content":"32P Health attorney must not benefit from health attorney’s\ndecision\n(1) A health attorney must not—\n(a) accept a fee or other benefit for consenting, or refusing to\nconsent, to a protected person participating in low-risk research;\nor\n(b) be involved in, or connected to, the research.\n(2) To remove any doubt, subsection (1) does not apply to any personal\nbenefit to the health attorney because of an improvement in the\nprotected person’s health as a result of participating in the research.\n\n","sortOrder":61},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Medical research and low-risk","content":"Part 2B Medical research and low-risk\n","sortOrder":62},{"sectionNumber":"33","sectionType":"section","heading":"Guardian may consent to protected person’s","content":"33 Guardian may consent to protected person’s\nparticipation in low-risk research\n(a) a guardian is appointed for a person (a protected person); and\n(b) the guardian is given the power to give, for the protected person,\na consent required for a medical procedure or other treatment\nunder section 7 (4) (e); and\n(c) the guardian is considering whether to consent to the protected\nperson participating in low-risk research.\n(2) A guardian may consent to the protected person participating in low-\nrisk research only if the research is approved.\nNote A guardian’s power to consent to a protected person participating in low-\nrisk research must be exercised in a way that is consistent with any\nexisting health direction made by the protected person (see Medical\nTreatment (Health Directions) Act 2006, s 18).\n(3) If a guardian makes an application, the ACAT must give an opinion\nor advice to assist the guardian to decide whether to give consent\nunder subsection (2).\n","sortOrder":63},{"sectionNumber":"34","sectionType":"section","heading":"Guardian may consent to protected person’s","content":"34 Guardian may consent to protected person’s\nparticipation in medical research\n(a) a guardian is appointed for a person (a protected person); and\n(b) the guardian is given the power to give, for the protected person,\na consent required for a medical procedure or other treatment\nunder section 7 (4) (e); and\n\n(c) the guardian is considering whether to consent to the protected\nperson participating in medical research.\n(2) The guardian may consent to the protected person participating in\nmedical research only if—\n(a) the research is approved; and\n(b) the protected person is not likely to regain decision-making\ncapacity before the latest time that the protected person may\nmeaningfully participate in the research; and\nNote An independent doctor must assess the likelihood of the principal\nregaining decision-making capacity within the time mentioned (see\ns 36).\n(c) the guardian is satisfied on reasonable grounds that—\n(i) the research relates to the diagnosis, maintenance or\ntreatment of a condition that the protected person has or\nhas had or to which the protected person has a significant\nrisk of being exposed; and\n(ii) the research may result in benefit to the protected person\nor others with the condition; and\n(iii) the potential benefit to the protected person, or others with\nthe condition, of participating in the research outweighs\nany potential risk or inconvenience to the protected person,\nor any potential adverse impact on the protected person’s\nquality of life; and\n\n(iv) participating in the research will not unduly interfere with\nthe protected person’s privacy.\nNote 1 A guardian’s power to consent to a protected person participating in\nmedical research must be exercised in a way that is consistent with any\nexisting health direction made by the protected person (see Medical\nTreatment (Health Directions) Act 2006, s 18).\nNote 2 In considering whether to consent to a protected person participating in\nmedical research, a guardian must follow the decision-making principles\n(see s 4).\n(3) If the protected person was participating in medical research before\nthe protected person became a person with impaired decision-making\ncapacity, it is presumed the protected person’s wishes include to\ncontinue participating in the research.\nNote Under the decision-making principles, the protected person’s wishes, as\nfar as they can be worked out, must be given effect to (see s 4 (2)).\n(4) If a guardian makes an application, the ACAT must give an opinion\nor advice to assist the guardian to decide whether to give consent\nunder subsection (2).\n","sortOrder":64},{"sectionNumber":"35","sectionType":"section","heading":"Guardian must not benefit from guardian’s decision","content":"35 Guardian must not benefit from guardian’s decision\n(1) A guardian must not—\n(a) accept a fee or other benefit for consenting, or refusing to\nconsent, to a protected person participating in low-risk research\nunder section 33 or medical research under section 34; or\n(b) be involved in, or connected to, the research.\n(2) To remove any doubt, subsection (1) does not apply to any personal\nbenefit to the guardian because of an improvement in the protected\nperson’s health as a result of participating in the research.\n\n","sortOrder":65},{"sectionNumber":"36","sectionType":"section","heading":"Assessment of likelihood of principal regaining","content":"36 Assessment of likelihood of principal regaining\ndecision-making capacity\n(1) The likelihood of a principal regaining decision-making capacity\nwithin the period mentioned in section 34 (2) (b) must be assessed by\nan independent doctor, taking into account—\n(a) the protected person’s medical, mental and physical condition;\nand\n(b) the severity of the protected person’s condition and the\nprognosis for the protected person; and\n(c) the current stage of treatment and care required for the protected\n(d) any other circumstances relevant to the protected person; and\n(e) the nature of the medical research, including the type of\ntreatment or care provided by the research and the timeframe for\nthe research.\n(2) The independent doctor must state, in writing, the doctor’s belief\nwhether the protected person is likely to regain decision-making\ncapacity within the period mentioned in subsection (1), and the\nreasons for the belief.\nNote 1 An independent doctor must always give a statement under s (2),\nregardless of whether the ACAT has made a declaration about the\ndecision-making capacity of a principal for an enduring power of attorney\nunder s 65.\nNote 2 In a proceeding, a certificate by an independent doctor under s (2) stating\nwhether a protected person is likely to regain decision-making capacity\nwithin the required period is evidence of that fact (see s 72D).\nindependent doctor, in relation to medical research, means a doctor\nwho is not involved in, nor connected to, the research, other than a\nprofessional interest in the area of the research.\n\n","sortOrder":66},{"sectionNumber":"37","sectionType":"section","heading":"Interested person may apply to ACAT for review of","content":"37 Interested person may apply to ACAT for review of\nguardian’s decision\nAn interested person for a protected person may apply to the ACAT\nfor review of the decision of the guardian to consent, or refuse to\nconsent, to the protected person participating in low-risk research\nunder section 33 or medical research under section 34.\n\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Definitions—pt 3","content":"61 Definitions—pt 3\nIn this part:\ndecision-making capacity—see the Powers of Attorney Act 2006,\ndictionary.\ninterested person—see the Powers of Attorney Act 2006, dictionary.\npower of attorney—see the Powers of Attorney Act 2006, dictionary.\nprincipal—see the Powers of Attorney Act 2006, dictionary.\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"ACAT directions etc for enduring powers of attorney","content":"62 ACAT directions etc for enduring powers of attorney\n(1) This section applies in relation to an enduring power of attorney.\n(2) On application, or on its own initiative on hearing a matter under this\nAct, the ACAT may, by order—\n(a) give a direction, not inconsistent with the Powers of Attorney\nAct 2006 or the power of attorney, that the attorney do or not do\na stated act; or\n(b) direct the attorney to produce stated books, accounts or other\nrecords of transactions carried out by the attorney for the\nprincipal; or\n(c) revoke the enduring power of attorney, or part of it; or\n(d) suspend the enduring power of attorney, or part of it; or\n(e) make a declaration about the interpretation or effect of the\nenduring power of attorney.\n(3) An application under subsection (2) may be made by an interested\nperson or, with leave of the ACAT, someone else.\n\nPowers of attorney and ACAT Part 3\n(4) If the ACAT revokes an enduring power of attorney and the person\nwho was the principal for the power has impaired decision-making\ncapacity, the ACAT may appoint a guardian or manager for the\n(5) If the ACAT suspends an enduring power of attorney and the person\nwho was the principal for the power has impaired decision-making\ncapacity, the ACAT may appoint a guardian or manager for the\nperson for the period of the suspension.\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Reference of power of attorney matters to Supreme Court","content":"63 Reference of power of attorney matters to Supreme Court\n(1) This section applies in relation to an application to the ACAT under\nsection 62.\n(2) The ACAT may refer the matter, or part of the matter, to the Supreme\nCourt.\n(3) In deciding whether to refer a matter to the Supreme Court, the\nACAT—\n(a) must take into consideration the following matters:\n(i) whether the matter relates to the effect of the enduring\npower of attorney on people other than the attorney or\nprincipal;\n(ii) whether the matter is likely to raise for consideration\ncomplex or novel legal issues that the Supreme Court is\nbetter suited to decide; and\n(b) may take into consideration anything else the ACAT considers\nrelevant.\n\n","sortOrder":70},{"sectionNumber":"64","sectionType":"section","heading":"Request for accounts—enduring powers of attorney","content":"64 Request for accounts—enduring powers of attorney\nThe public advocate or the public trustee and guardian (the requestor)\nmay, by written notice given to a person who is or has been an\nattorney under an enduring power of attorney, require the person to\ngive the requestor stated books, accounts or other records of\ntransactions carried out by the person for the principal under the\npower of attorney.\n","sortOrder":71},{"sectionNumber":"65","sectionType":"section","heading":"Declaration about decision-making capacity","content":"65 Declaration about decision-making capacity\n(1) The ACAT may, on application, declare that a person who is the\nprincipal for an enduring power of attorney has decision-making\ncapacity or impaired decision-making capacity.\n(2) The declaration may be general or relate only to a property matter,\npersonal care matter, health care matter or medical research matter.\nhealth care matter, for a principal—see the Powers of Attorney\nAct 2006, section 12.\nmedical research matter, for a principal—see the Powers of Attorney\nAct 2006, section 12A.\npersonal care matter, for a principal—see the Powers of Attorney Act\n2006, section 11.\nproperty matter, for a principal—see the Powers of Attorney\nAct 2006, section 10.\n","sortOrder":72},{"sectionNumber":"66","sectionType":"section","heading":"Removing attorneys","content":"66 Removing attorneys\n(1) This section applies in relation to an enduring power of attorney if the\nprincipal has impaired decision-making capacity.\n(2) The ACAT may, by order, remove an attorney under the enduring\npower of attorney if satisfied that it is in the interests of the principal\nto remove the attorney.\n\n","sortOrder":73},{"sectionNumber":"67","sectionType":"section","heading":"Temporary appointments","content":"67 Temporary appointments\n(1) The ACAT may make an emergency order without holding a hearing\nif satisfied that there are special circumstances of urgency that make\nit proper to do so.\n(2) The emergency order has effect for the period, not longer than\n10 days, stated in the order.\nemergency order means an order appointing the public trustee and\nguardian to be—\n(a) the guardian for a person under section 7; or\n(b) a manager of a person’s property under section 8 or\nsection 8AA.\n","sortOrder":74},{"sectionNumber":"68","sectionType":"section","heading":"Emergency removal of disabled persons","content":"68 Emergency removal of disabled persons\n(1) If—\n(a) the president of the ACAT or a judicial officer is satisfied that—\n(i) a guardian has been appointed for a person; or\n(ii) grounds exist for the appointment of a guardian for a\n(b) the person is—\n(i) because of a physical, mental, psychological or intellectual\ncondition, likely to suffer serious damage to his or her\nphysical, mental or emotional health if not removed from a\nparticular place; or\n\n(ii) being unlawfully detained in a particular place;\nthe president of the ACAT or judicial officer may, on application by\nthe public trustee and guardian, issue a warrant authorising the public\ntrustee and guardian, with the police officers that may be required,\nand using the force that is necessary and reasonable, to enter that\nplace and remove that person.\n(2) A warrant must specify—\n(a) the purpose for which it is issued; and\n(b) the person whose removal it authorises; and\n(c) the place from which that removal is authorised; and\n(d) particular hours during which the removal is authorised or that\nremoval is authorised at any time of the day or night; and\n(e) the date (not later than 14 days after the issue of the warrant)\nwhen it ceases to have effect.\n(3) Subject to subsection (5), the application must be in writing\naccompanied by a statement setting out the information in support of\nthe application.\n(4) All information, whether oral or in writing, given in support of the\napplication must be given on oath or by statutory declaration.\n(5) If it is impracticable to apply in accordance with subsection (3), an\napplication may be made by telephone or other appropriate means.\n(6) If subsection (5) applies—\n(a) the president of the ACAT or the judicial officer must prepare\nand sign the warrant and tell the public trustee and guardian its\nterms; and\n(b) the public trustee and guardian must prepare an instrument in\nthe same terms as the warrant and write on it—\n(i) the time and date when the warrant was signed; and\n\n(ii) the name of the person who signed the warrant; and\n(c) the public trustee and guardian must give the person who signed\nthe warrant, not later than 24 hours after it was signed, the\nstatement mentioned in subsection (3) and the instrument\nmentioned in paragraph (b); and\n(d) while the warrant remains in force, the instrument may be used\ninstead of the warrant; and\n(e) a court must not find that the premises were entered in\naccordance with the warrant unless the warrant signed by the\npresident of the ACAT or judicial officer is admitted in\nevidence.\n(7) As soon as practicable after the person is removed, the ACAT must\nhold a hearing and, if there is no guardian available, the public trustee\nand guardian must apply to be appointed as the person’s guardian.\n","sortOrder":75},{"sectionNumber":"68A","sectionType":"section","heading":"Emergency orders—enduring powers of attorney","content":"68A Emergency orders—enduring powers of attorney\n(1) This section applies if the ACAT is satisfied that there are special\ncircumstances of urgency that make it proper to make an order under\nthis section.\n(2) The ACAT may make an order under section 62 (ACAT directions\netc for enduring powers of attorney) in relation to an enduring power\nof attorney without holding a hearing.\n","sortOrder":76},{"sectionNumber":"68B","sectionType":"section","heading":"ACAT’s power to revoke health direction","content":"68B ACAT’s power to revoke health direction\n(a) a person has made a health direction under the Medical\nTreatment (Health Directions) Act 2006; and\n(b) the person becomes a person with impaired decision-making\ncapacity; and\n\n(c) the ACAT appoints a guardian for the principal after the making\nof the health direction.\n(2) The ACAT may revoke the health direction, or part of it, if the ACAT\nconsiders appropriate.\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Capacity to consent to medical etc procedures","content":"69 Capacity to consent to medical etc procedures\n(1) If—\n(a) the guardian for a person has the power to give for the person a\nconsent required for a medical procedure or other treatment\nunder section 7 (4) (e); or\n(b) a declaration that a person is not competent to give a consent\nrequired for a prescribed medical procedure is in force under\nsubsection (2);\nthe person is not competent to give such a consent for the procedure\nor treatment.\n(2) If a guardian is appointed for a person, the ACAT may, by order,\ndeclare that the person is not competent to give a consent required for\na prescribed medical procedure.\n(3) If a person, who is not competent to do so, purports to consent to the\nperformance of a medical procedure or the provision of other\ntreatment for the person by a doctor, no action or proceeding, civil or\ncriminal, lies against the doctor only because of the performance of\nthe procedure or the provision of the treatment without the person’s\nconsent if—\n(a) the doctor did not know, or could not reasonably be expected to\nknow, that the person was not competent to give the consent\nrequired; and\n(b) the doctor otherwise acted in good faith in performing the\nprocedure or providing the treatment.\n\n","sortOrder":78},{"sectionNumber":"70","sectionType":"section","heading":"ACAT may consent to prescribed medical procedures","content":"70 ACAT may consent to prescribed medical procedures\n(1) If the ACAT has made an order under section 69 (2) in relation to a\nperson, it may, on application, by order, consent to a prescribed\nmedical procedure (other than electroconvulsive therapy or\npsychiatric surgery) for the person if it is satisfied that—\n(a) the procedure is otherwise lawful; and\n(b) the person is not competent to give consent and is not likely to\nbecome competent in the foreseeable future; and\n(c) the procedure would be in the person’s best interests; and\n(d) the person, the guardian and any other person whom the ACAT\nconsiders should have notice of the proposed procedure are\naware of the application for consent.\nNote If a prescribed medical procedure is restricted medical treatment under\nthe Variation in Sex Characteristics (Restricted Medical Treatment)\nAct 2023, the procedure may only be undertaken in accordance with a\ntreatment plan approved under that Act (see that Act, s 10 and s 27).\n(2) The ACAT must appoint the person’s guardian, or the public trustee\nand guardian or some other independent person, to represent the\nperson in relation to the hearing relating to an order for consent under\nsubsection (1).\n(3) In deciding whether a particular procedure would be in the person’s\nbest interests, the matters that the ACAT must take into account\ninclude—\n(a) the wishes of the person, so far as they can be ascertained; and\n(b) what would happen if it were not carried out; and\n(c) what alternative treatments are available; and\n(d) whether it can be postponed because better treatments may\nbecome available; and\n\n(e) for a transplantation of tissue—the relationship between the 2\npeople.\n(4) The ACAT must not consent to the removal of non-regenerative\ntissue for transplantation to the body of another living person unless,\nin addition to the matters specified in subsection (1) (a) to (d), it is\nsatisfied that—\n(a) the risk to the person from whom the tissue is to be taken is\nsmall; and\n(b) the risk of failure of the transplant is low; and\n(c) the life of the person to whose body the tissue is to be\ntransplanted would be in danger if the transplant were not made;\nand\n(d) it is highly likely that transplanting such tissue from someone\nelse would be unsuccessful.\n(5) In an order by which the ACAT consents to the removal of non-\nregenerative tissue for transplantation to the body of another living\nperson, the ACAT must specify the time and date the order is made.\n","sortOrder":79},{"sectionNumber":"70A","sectionType":"section","heading":"Restrictions on consent by guardian to mental health","content":"70A Restrictions on consent by guardian to mental health\ntreatment, care or support\n(1) A guardian who has power to give for a person a consent required for\nmedical treatment involving treatment, care or support under the\nMental Health Act 2015 may consent to that treatment only if the\nperson—\n(a) does not have decision-making capacity under that Act; and\n(b) does not have an advance consent direction under that Act\nauthorising the treatment; and\n(c) expresses willingness to receive the treatment.\n(2) A consent must be in writing.\n\n(3) A consent must be for a stated period, of not longer than 6 months,\nbut can be renewed (and further renewed) for another stated period of\nnot longer than 6 months.\n(4) In considering the stated period necessary for a consent to treatment,\na health professional who is giving the treatment must take into\naccount—\n(a) whether, and when, the person is likely to regain\ndecision-making capacity under the Mental Health Act 2015;\nand\n(b) the likely duration of the treatment, care or support required; and\n(c) the content of any advance consent direction in force for the\n(5) The health professional must tell the ACAT and the public advocate\nin writing about a consent, including the stated period.\n(6) If a consent is not renewed at the end of its stated period, the health\nprofessional must tell the ACAT in writing.\n(7) The ACAT—\n(a) must, on application, review a consent; and\n(b) may, at any time on its own initiative, review a consent.\n(8) A consent ends before the end of its stated period if—\n(a) the ACAT directs that the consent be withdrawn; or\n(b) subsection (1) (a), (b) or (c) no longer apply to the person.\nNote The chief psychiatrist or another relevant person may apply for a mental\nhealth order in relation to the person (see Mental Health Act 2015, s 51).\n\n","sortOrder":80},{"sectionNumber":"71","sectionType":"section","heading":"Power to adjust transactions","content":"71 Power to adjust transactions\n(1) If a person for whose property a manager is appointed purports to\nenter into a transaction in relation to the property, the transaction is,\nsubject to subsection (2), not void on the ground that the person was\nnot legally competent to enter into the transaction.\n(2) The ACAT, the Supreme Court or the Magistrates Court may, on an\napplication made within 90 days after the date of the transaction by\nthe guardian, the manager or some other person concerned in the\ntransaction, by order—\n(a) confirm the transaction; or\n(b) declare the transaction void; or\n(c) adjust the rights of the parties to the transaction;\nas is just.\n(3) The ACAT, the Supreme Court or the Magistrates Court may order\nan application made to it to be transferred to another of the ACAT,\nthe Supreme Court or the Magistrates Court.\n(4) A transferred application must be dealt with as if it had been started\nin the ACAT or the relevant court and the ACAT or court may make\nany proper order for the further steps to be taken before it.\n(5) An order under this section has effect according to its tenor.\n","sortOrder":81},{"sectionNumber":"72","sectionType":"section","heading":"Injunctions to restrain dealings","content":"72 Injunctions to restrain dealings\n(1) The ACAT may, on application, by order, restrain a person from\nentering into, completing or registering or otherwise giving effect to\na transaction with someone else in relation to the property of the other\nperson if satisfied that there are grounds for the appointment of a\nmanager for the property.\n\n(2) An order remains in force for the period, not longer than 3 days, that\nis specified in the order but if, within the period, an application for\nthe appointment of a manager is made to the ACAT, the ACAT may,\nby order, continue the first order until the application is decided.\n(3) A person who has notice of an order under this section must not act\ncontrary to the order.\nMaximum penalty (subsection (3)): 50 penalty units, imprisonment\nfor 6 months or both.\n","sortOrder":82},{"sectionNumber":"72A","sectionType":"section","heading":"Notice of hearing","content":"72A Notice of hearing\n(1) This section applies in relation to the hearing by the ACAT of a matter\nunder this Act.\n(2) Notice of the hearing must, as far as practicable, be given to—\n(a) the person the subject of the hearing; and\n(b) the person’s domestic partner, parents, brothers and sisters; and\n(c) each child of the person; and\n(d) if the person has a carer who would not otherwise be given\nnotice of the hearing under this section—the carer; and\n(e) if the person has a guardian—the guardian; and\n(f) if there is a manager of the person’s property—the manager; and\n(g) if an application is made under section 8AA (Manager for\nmissing person’s property)—the applicant; and\n(h) the public trustee and guardian; and\n(i) if the matter relates to an enduring power of attorney—each\nattorney under the power of attorney.\nExample—people who must be given notice of hearing\nMr B has dementia and requires constant care. Mr B’s brother (and guardian), his\nniece and a close family friend share his care. Each person must be given notice of\na hearing in relation to a matter affecting Mr B.\n\n(3) Subsection (2) does not limit the people to whom notice of the hearing\nmay be given.\n","sortOrder":83},{"sectionNumber":"72B","sectionType":"section","heading":"Authority for medical or other examinations","content":"72B Authority for medical or other examinations\n(1) The ACAT may, for a hearing, authorise a medical or other\nexamination of the person who is the subject of the hearing.\n(2) The authority has effect as a valid consent for anything done during\nthe examination.\n","sortOrder":84},{"sectionNumber":"72C","sectionType":"section","heading":"Power to obtain information and documents","content":"72C Power to obtain information and documents\n(1) If the ACAT is satisfied that a person can give information or produce\na document relevant to a hearing under this Act, the ACAT may, by\nwritten notice given to the person, require the person to—\n(a) give the information to the ACAT in writing signed by the\nperson or, for a body corporate, by an officer of the body\ncorporate; or\n(b) produce the document to the ACAT; or\n(c) attend before the ACAT to answer questions relevant to the\nhearing.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote 2 Documents may be produced electronically in certain circumstances (see\nElectronic Transactions Act 2001).\n(2) The notice must state—\n(a) for a notice to give written information or produce a document—\n(i) the place where the information or document is to be given\nor produced; and\n(ii) the time when, or the period within which, the information\nor document is to be given or produced; or\n\n(b) for a notice to attend before the ACAT to answer questions—\nthe time when, and the place where, the person is to attend.\n(3) This section does not limit any other power of the ACAT under a\nterritory law to obtain information or a document.\n","sortOrder":85},{"sectionNumber":"72D","sectionType":"section","heading":"Medical certificate about impaired decision-making","content":"72D Medical certificate about impaired decision-making\ncapacity\n(1) This section applies if, in a proceeding, a question arises about\nwhether, on a particular day or during a particular period, a person\nhad impaired decision-making capacity, whether generally or in\nrelation to a particular matter.\n(2) A certificate by a doctor stating that the person had, or did not have,\nimpaired decision-making capacity either generally or in relation to a\nparticular matter on the day or during the period is evidence of that\nfact.\n","sortOrder":86},{"sectionNumber":"73","sectionType":"section","heading":"Acts and omissions of representatives","content":"73 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":87},{"sectionNumber":"74","sectionType":"section","heading":"Criminal liability of executive officers","content":"74 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a an offence against section 72; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the offence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the offence.\n\n(2) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the offence.\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\n","sortOrder":88},{"sectionNumber":"75","sectionType":"section","heading":"Determination of fees","content":"75 Determination of fees\n(1) The Minister may determine fees for this Act, including fees payable\nunder section 27 (4) by managers for the examination of accounts and\ndocuments by the public trustee and guardian.\n(2) A determination is a disallowable instrument.\n","sortOrder":89},{"sectionNumber":"75A","sectionType":"section","heading":"Approved forms","content":"75A Approved forms\n(1) The director-general may approve forms for this Act.\n(2) If the director-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":90},{"sectionNumber":"77","sectionType":"section","heading":"Regulation-making power","content":"77 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may also prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n10 penalty units for offences against a regulation.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• adult\n• appoint\n• bankrupt or personally insolvent\n• domestic partner (see s 169)\n• civil union\n• exercise\n• function\n• Magistrates Court\n• oath\n• Supreme Court.\napproved, for medical research or low-risk research—see the Powers\nof Attorney Act 2006, section 41A.\ncarer—\n(a) for the Act generally—see section 6; and\n(b) for part 2A (Consent to medical treatment without formal\nrepresentation)—see section 32C.\nclose relative or close friend, for part 2A (Consent to medical\ntreatment without formal representation)—see section 32A.\ndecision-making capacity, for part 3 (Powers of Attorney and\nACAT)—see the Powers of Attorney Act 2006, dictionary.\ndecision-making principles—see section 4.\ndomestic partner, for part 2A (Consent to medical treatment without\n\nelectroconvulsive therapy—see the Mental Health Act 2015,\nsection 145.\nenduring power of attorney—see the Powers of Attorney Act 2006,\nsection 8.\nguardian means someone who is a guardian under any of the\nfollowing sections:\n• section 7 (Appointment and powers of guardians)\n• section 7A (Appointment of guardians under direction)\n• section 12 (Recognition of interstate etc guardians and managers)\n• section 32 (Surviving or substitute guardians etc).\nhealth attorney, for part 2A (Consent to medical treatment without\nformal representation)—see section 32B (1).\nhealth professional, for part 2A (Consent to medical treatment\nwithout formal representation)—see section 32A.\nimpaired decision-making ability, for a person—see section 5.\ninterested person—see the Powers of Attorney Act 2006, section 74.\ninterests, of a person—see section 5A.\njudicial officer means a judge of the Supreme Court or a magistrate.\nlow-risk research, in relation to a person—see the Powers of Attorney\nAct 2006, section 41A.\nmanager means a manager under any of the following sections:\n• section 8 (Appointment and powers of managers)\n• section 8AA (Manager for missing person’s property)\n• section 12 (Recognition of interstate etc guardians and managers)\n• section 32 (Surviving or substitute guardians etc).\nmedical research, in relation to a person—see the Powers of Attorney\nAct 2006, section 41A.\n\nmedical treatment, for part 2A (Consent to medical treatment without\nmental illness—see the Mental Health Act 2015, section 10.\nnon-regenerative tissue—see the Transplantation and Anatomy Act\n1978, dictionary.\npower of attorney, for part 3 (Powers of Attorney and ACAT)—see\nthe Powers of Attorney Act 2006, dictionary.\nprescribed medical procedure means—\n(a) an abortion; or\n(b) reproductive sterilisation; or\n(c) a hysterectomy; or\n(d) a medical procedure concerned with contraception; or\n(e) removal of non-regenerative tissue for transplantation to the\nbody of another living person; or\n(f) electroconvulsive therapy or psychiatric surgery; or\n(g) any other medical or surgical procedure prescribed for this\ndefinition.\npresident, of the ACAT—see the ACT Civil and Administrative\nTribunal Act 2008, dictionary.\nprincipal¸ for part 3 (Powers of Attorney and ACAT) —see the\nPowers of Attorney Act 2006, dictionary.\npriority order, for health attorneys for a protected person, for\npart 2A—see section 32B (3).\nprotected person, for part 2A (Consent to medical treatment without\npsychiatric surgery—see the Mental Health Act 2015, section 145.\n\nremuneration or reward, for part 2A (Consent to medical treatment\nwithout formal representation)—see section 32A.\ntrustee company—see the Trustee Companies Act 1947, dictionary.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nGuardianship and Management of Property Act 1991 A1991-62\nnotified 31 October 1991 (Gaz 1991 No S119)\ns 1, s 2 commenced 31 October 1991 (s 2 (1))\nremainder commenced 7 January 1992 (s 2 (2) and Gaz 1991\nNo S147)\nas amended by\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 1\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 43\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 43 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nMental Health (Consequential Provisions) Act 1994 A1994-45 s 34\nnotified 7 September 1994 (Gaz 1994 No S177)\ns 1, s 2 commenced 7 September 1994 (s 2 (1))\ns 34 commenced 6 February 1995 (s 2 (2) and Gaz 1995 No S33)\nAnnual Reports (Government Agencies) (Consequential Provisions)\nAct 1995 A1995-25 sch\nnotified 5 September 1995 (Gaz 1995 No S212)\ncommenced 5 September 1995 (s 2)\nGuardianship and Management of Property (Amendment) Act 1995\nA1995-36\nnotified 31 October 1995 (Gaz 1995 No S266)\ncommenced 31 October 1995 (s 2)\nLand Titles (Consequential Amendments) Act 1995 A1995-54 sch\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 20 June 1996 (s 2)\n\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nCourts and Tribunals (Audio Visual and Audio Linking) Act 1999\nA1999-22 pt 7\nnotified 14 April 1999 (Gaz 1999 No S16)\ns 1, s 2 commenced 14 April 1999 (s 2 (1))\npt 7 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)\nCrimes (Amendment) Act 1999 A1999-32 s 32\nnotified 25 June 1999 (Gaz 1999 No S34)\nss 1-4 commenced 25 June 1999 (s 2 (1))\ns 32 commenced 1 October 1999 (s 2 (2))\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\nJustice and Community Safety Legislation Amendment Act 2000\n(No 2) A2000-2 sch\nnotified 9 March 2000 (Gaz 2000 No 10)\ncommenced 9 March 2000 (s 2)\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 171\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 171 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\n\nGuardianship and Management of Property Amendment Act 2001\nA2001-78\nnotified LR 24 September 2001\ncommenced 24 September 2001 (s 2)\nLegislation Amendment Act 2002 A2002-11 pt 2.25\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.25 commenced 28 May 2002 (s 2 (1))\nStatute Law Amendment Act 2002 A2002-30 pt 3.35\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.35 commenced 17 September 2002\nCriminal Code 2002 No 51 pt 1.11\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 1.11 commenced 1 January 2003 (s 2 (1))\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.18\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75)\nsch 1 pt 1.18 commenced 28 March 2003 (s 2)\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\nsch 2 pt 2.7\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nsch 2 pt 2.7 commenced 30 April 2004 (s 2 and LA s 79)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.21\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.21 commenced 9 April 2004 (s 2 (1))\n\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.28\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.28 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nMental Health (Treatment and Care) Amendment Act 2005 A2005-48\nsch 1 pt 1.3\nnotified LR 6 September 2005\ns 1, s 2 commenced 6 September 2005 (LA s 75 (1))\nsch 1 pt 1.3 commenced 7 September 2005 (s 2)\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.11\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.11 commenced 23 November 2005 (s 2)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.17\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.17 commenced 22 December 2005 (s 2 (4))\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.16\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.16 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.17\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.17 commenced 29 September 2006 (s 2 (1))\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.11\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.11 commenced 16 November 2006 (s 2 (1))\n\nCarers Recognition Legislation Amendment Act 2006 A2006-47 pt 3\nnotified LR 28 November 2006\ns 1, s 2 commenced 28 November 2006 (LA s 75 (1))\npt 3 commenced 28 May 2007 (s 2 and LA s 79)\nPowers of Attorney Act 2006 A2006-50 sch 2 pt 2.1\nnotified LR 30 November 2006\ns 1, s 2 commenced 30 November 2006 (LA s 75 (1))\nsch 2 pt 2.1 commenced 30 May 2007 (s 2 and LA s 79)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.53\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.53 commenced 30 May 2007 (s 2 (2) and see Powers of\nAttorney Act 2006 A2006-50 s 2)\nGuardianship and Management of Property Amendment Act 2007\nA2007-23\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nremainder commenced 6 September 2007 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.31\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.31 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.26\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.26 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nGuardianship and Management of Property Amendment Act 2008\nA2008-47\nnotified LR 11 September 2008\ns 1, s 2 commenced 11 September 2008 (LA s 75 (1))\nremainder commenced 2 February 2009 (s 2 and CN2008-19)\n\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.36\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.36 commenced 22 September 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 3) A2009-44 sch 1 pt 1.12\nnotified LR 24 November 2009\ns 1, s 2 commenced 24 November 2009 (LA s 75 (1))\nsch 1 pt 1.12 commenced 22 December 2009 (s 2 (3))\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.35\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.35 commenced 17 December 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.10\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.10 commenced 28 September 2010 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 4) A2010-50 sch 1 pt 1.2\nnotified LR 14 December 2010\ns 1, s 2 commenced 14 December 2010 (LA s 75 (1))\nsch 1 pt 1.2 commenced 21 December 2010 (s 2 (1))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.74\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.74 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.17\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.17 commenced 21 September 2011 (s 2 (1))\n\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.16\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.16 commenced 11 September 2012 (s 2)\nDirectors Liability Legislation Amendment Act 2013 A2013-4 sch 1\npt 1.4\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 1 pt 1.4 commenced 22 February 2013 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.15\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.15 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51\nsch 1 pt 1.7 (as am by A2015-38 amdt 2.54)\nnotified LR 12 November 2014\ns 1, s 2 commenced 12 November 2014 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 March 2016 (s 2 (as am by A2015-38\namdt 2.54))\nJustice and Community Safety Legislation Amendment Act 2015\nA2015-11 sch 1 pt 1.6\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\nsch 1 pt 1.6 commenced 21 May 2015 (s 2 (1))\nMental Health Act 2015 A2015-38 sch 2 pt 2.2, sch 2 pt 2.4 div 2.4.10\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))\nsch 2 pt 2.4 div 2.4.10 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nNote Sch 2 pt 2.2 (amdt 2.54) only amends the Mental Health\n(Treatment and Care) Amendment Act 2014 A2014-51\n\nProtection of Rights (Services) Legislation Amendment Act 2016\nA2016-1 sch 1 pt 1.2\nnotified LR 23 February 2016\ns 1, s 2 commenced 23 February 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 April 2016 (s 2)\nPowers of Attorney Amendment Act 2016 A2016-10 sch 1 pt 1.1\nnotified LR 1 March 2016\ns 1, s 2 commenced 1 March 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 September 2016 (s 2 and LA s 79)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.23\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.23 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)\nA2016-28 sch 1 pt 1.3\nnotified LR 15 June 2016\ns 1, s 2 commenced 15 June 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 16 June 2016 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2017\nA2017-5 sch 1 pt 1.3\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 pt 1.3 commenced 2 March 2017 (s 2 (3))\nJustice and Community Safety Legislation Amendment\nAct 2017 (No 3) A2017-38 pt 12\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 12 commenced 16 November 2017 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 9\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 9 commenced 26 February 2021 (s 2 (1))\n\nCourts and Other Justice Legislation Amendment Act 2021 A2021-13\npt 5\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 5 commenced 9 September 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 11\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 11 commenced 10 March 2022 (s 2 (5))\nGuardianship and Management of Property Amendment Act 2023\nA2023-2\nnotified LR 15 February 2023\ns 1, s 2 commenced 15 February 2023 (LA s 75 (1))\nremainder commenced 16 February 2023 (s 2)\nJustice and Community Safety Legislation Amendment Act 2023\nA2023-13 pt 4\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\npt 4 commenced 12 April 2023 (s 2)\nVariation in Sex Characteristics (Restricted Medical Treatment)\nAct 2023 A2023-23 pt 8\nnotified LR 23 June 2023\ns 1, s 2 commenced 23 June 2023 (LA s 75 (1))\npt 8 commenced 23 December 2023 (s 2 (1))\nVoluntary Assisted Dying Act 2024 A2024-24 sch 3 pt 3.4\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\nsch 3 pt 3.4 commenced 3 November 2025 (s 2)\nJustice and Community Safety Legislation Amendment Act 2025\n(No 3) A2025-22 pt 5\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\npt 5 commenced 13 September 2025 (s 2 (1))\n\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.89\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.89 commenced 16 December 2025 (s 2 (6))\n\nName of Act\ns 1 sub A2001-78 amdt 1.1\ns 2 orig s 2 om A2001-44 amdt 1.992\n(prev 2A) ins A2001-78 amdt 1.2\nsub A2002-30 amdt 3.398\nNotes\ns 3 orig s 3 am A2000-2 sch\n(prev s 6) also renum as s 3 A2001-78 amdt 1.9\nboth s 3 om A2002-30 amdt 3.399\nins A2002-30 amdt 3.400\nImportant concepts and principles\npt 1A hdg ins A2001-78 s 4\nPrinciples to be followed by decision-maker\ns 4 orig s 4\ndefs reloc to dict A2001-78 amdt 1.5\nom A2001-78 amdt 1.6\ndef Crimes Act sub A2000-2 sch\nom A2001-78 amdt 1.4\ndef doctor om A2001-78 amdt 1.4\ndef guardian om A2001-78 amdt 1.4\ndef lawyer om A1997-96 sch 1\ndef manager om A2001-78 amdt 1.4\ndef member (1st definition) om A2001-78 amdt 1.4\ndef non-regenerative tissue om A2001-78 amdt 1.4\ndef property om A2001-78 amdt 1.4\ndef trustee company om A2001-78 amdt 1.4\nprev s 4\nrenum and reloc as s 5A\npres s 4\n(prev s 5) ins A2001-78 s 4\nam A2006-47 s 8\nrenum as s 4 A2006-47 s 9\nam A2023-2 s 4, s 5; pars renum R44 LA\nWhen does someone have impaired decision-making ability?\ns 5 orig s 5\nrenum and reloc as s 6A\nprev s 5\nrenum as s 4\npres s 5\n(prev s 6) ins A2001-78 s 4\nrenum as s 5 A2006-47 s 10\n\nWhat are a person’s interests?\ns 5A (prev s 4) ins A2001-78 s 4\nrenum and reloc as s 5A A2006-47 s 7\nMeaning of carer\ns 6 orig s 6\nrenum as s 3\nprev s 6\nrenum as s 5\npres s 6\nins A2006-47 s 11\nLimits on finding impaired decision-making ability\ns 6A hdg (prev s 5 hdg) sub A2001-78 amdt 1.7\ns 6A (prev s 5) renum and reloc A2001-78 amdt 1.8\nsub A2008-47 s 4\nreloc to pt 1A A2008-47 s 5\nAppointment and powers\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R6 LA\nAppointment and powers of guardians\ns 7 am A1999-32 s 32\nsub A2001-78 s 5\nam A2006-50 amdt 2.1; A2008-36 amdt 1.312; A2014-51\namdt 1.38, amdt 1.39; A2015-38 amdt 2.78; pars renum R35\nLA; A2016-10 amdt 1.1, amdt 1.2; A2023-2 s 6; ss renum\nR44 LA\nAppointment of guardians under direction\ns 7A ins A2001-78 s 5\nsub A2008-36 amdt 1.279\nRestriction on powers of guardians\ns 7B ins A2001-78 s 5\nam A2006-22 amdt 1.67 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2012-40\namdt 3.57, A2013-39 amdt 2.32 (A2013-39 never effective\n(see Commonwealth v Australian Capital Territory [2013]\nHCA 55)); A2024-24 amdt 3.7\nAppointment and powers of managers\ns 8 sub A2001-78 s 5\nam A2008-36 amdt 1.280, amdt 1.312; A2023-2 s 7; ss renum\nR44 LA\nManager for missing person’s property\ns 8AA ins A2007-23 s 4\nam A2008-36 amdt 1.281, amdt 1.312; A2016-1\namdts 1.3-1.5; A2016-13 amdt 1.65\n\nMissing people’s property—who may apply for appointment of manager?\ns 8AB orig s 8AB\nrenum as s 8B\npres s 8AB\nins A2007-23 s 4\nam A2016-1 amdt 1.6, amdt 1.20; pars renum R36 LA\nMissing people’s property—powers and term of manager\ns 8AC ins A2007-23 s 4\nam A2008-36 amdt 1.282\nRestriction on power to appoint manager outside ACT\ns 8A ins A2001-78 s 5\nam A2008-36 amdt 1.312\nEffect on guardian or manager of enduring power of attorney in relation to\nhealth care\ns 8B orig s 8B\nrenum as s 8C\npres s 8B\n(prev s 8AB) ins A2006-50 amdt 2.2\nrenum as s 8B R20 LA\nam A2008-36 amdt 1.312; A2011-28 amdt 3.124; A2016-10\namdts 1.3-1.5; A2017-5 amdts 1.4-1.6\nMay a guardian or manager be appointed for a child?\ns 8C (prev s 8B) ins A2001-78 s 5\nrenum as s 8C R20 LA\nam A2008-36 amdt 1.283\nWho may be appointed\ns 9 am A2001-78 amdt 1.10; A2006-50 amdt 2.11; A2016-1\namdt 1.7, amdt 1.8, amdt 1.19\nConsiderations affecting appointment\ns 10 am A2000-2 sch; A2001-78 s 6, amdt 1.11; A2003-14\namdt 1.62; A2005-53 amdt 1.58; A2006-42 amdt 3.56;\nA2006-47 s 12; A2006-50 amdt 2.11; A2008-36 amdt 1.312;\nA2010-30 amdt 1.28; A2016-1 amdt 1.9, amdt 1.10;\nA2025-22 s 13, s 14; ss renum R47 LA\nPowers to be least restrictive\ns 11 am A2001-78 s 7; A2006-47 s 13\nRecognition of interstate etc guardians and managers\ns 12 am A2001-78 amdt 1.11; A2008-36 amdt 1.312; A2009-49\namdt 3.79\nRestrictions on manager about property\ns 14 sub A2001-78 s 8\nam A2008-36 amdt 1.284\n\nExpenses\ns 15 am A2001-44 amdt 1.1993\nsub A2021-33 s 19\nSupervision\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R6 LA\nGeneral\nsdiv 2.2.1 hdg ins A2021-13 s 26\nDirections by ACAT\ns 16 hdg am A2008-36 amdt 1.312\ns 16 am A1998-54 sch; A2000-2 sch; A2001-78 amdt 1.12;\nA2008-36 amdt 1.312\nRestrictions on ACAT’s power to give directions\ns 17 sub A2008-36 amdt 1.285\nAdvice by ACAT\ns 18 hdg am A2008-36 amdt 1.312\ns 18 am A2000-2 sch; A2008-36 amdt 1.312\nReview of guardians and managers\ns 19 hdg sub A2014-51 amdt 1.40\ns 19 sub A2008-36 amdt 1.286\nam A2014-51 amdt 1.41, amdt 1.42; A2015-38 amdt 2.78;\nss renum R35 LA\nIf guardians or managers do not comply with Act\nsdiv 2.2.2 hdg ins A2021-13 s 27\nACAT may order compensation etc\ns 19A ins A2021-13 s 27\nCompensation under s 19A and later civil proceeding\ns 19B ins A2021-13 s 27\nRelief from personal liability by court\ns 19C ins A2021-13 s 27\nACAT may refer matter to Supreme Court\ns 19D ins A2021-13 s 27\nMatters relating to management\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R6 LA\nAccess to records\ns 20 sub A2008-36 amdt 1.287\nReceipt of amounts\ns 22 sub A2008-36 amdt 1.288\n\nInvestments\ns 24 am A1995-36 s 4; A2000-2 sch; A2001-78 amdt 1.13\nsub A2008-36 amdt 1.289\nam A2016-13 amdt 1.65\nReal estate\ns 25 am A1993-64 sch 1; A1995-54 sch\nAccounts—manager other than public trustee and guardian\ns 26 hdg sub A2015-11 amdt 1.26\nam A2016-1 amdt 1.20\ns 26 am A1998-54 sch; A2001-78 amdt 1.14, amdt 1.15; A2008-36\namdt 1.290; A2016-1 amdt 1.20\nExamination of accounts\ns 27 am A2001-44 amdt 1.1994; A2005-60 amdt 1.102; A2008-36\namdt 1.312; A2016-1 amdt 1.20\nAccounts—public trustee and guardian\ns 27AA hdg am A2016-1 amdt 1.20\ns 27AA ins A2015-11 amdt 1.27\nam A2016-1 amdt 1.20\nMissing people’s property—liability of manager and third party dealings\ns 27A ins A2007-23 s 5\nCessation of guardianship or management\ndiv 2.4 hdg (prev pt 2 div 4 hdg) renum R6 LA\nResignation\ns 28 sub A2008-36 amdt 1.291\nMissing people’s property—ending of order\ns 30A ins A2007-23 s 6\nam A2016-1 amdt 1.11; A2016-13 amdt 1.65\nRemoval by ACAT\ns 31 hdg am A2008-36 amdt 1.312\ns 31 am A2000-2 sch; A2007-23 s 7, s 8; A2008-36 amdt 1.312\nSurviving or substitute guardians etc\ns 32 am A2006-50 amdt 2.11; A2008-36 amdt 1.312; A2016-1\namdt 1.12, amdt 1.13, amdt 1.19; A2017-38 s 40, s 41\nConsent to medical treatment without formal representation\npt 2A hdg ins A2008-47 s 6\n\nDefinitions—pt 2A\ns 32A ins A2008-47 s 6\ndef carer ins A2008-47 s 6\ndef close relative or close friend ins A2008-47 s 6\ndef domestic partner ins A2008-47 s 6\nam A2012-40 amdt 3.58\ndef health attorney ins A2008-47 s 6\ndef health professional ins A2008-47 s 6\nsub A2014-51 amdt 1.43\nam A2015-38 amdt 2.78\ndef medical treatment ins A2008-47 s 6\nam A2014-51 amdt 1.44; A2015-38 amdt 2.78; A2016-10\namdt 1.6\ndef priority order ins A2008-47 s 6\ndef protected person ins A2008-47 s 6\nam A2009-20 amdt 3.84; A2014-51 amdt 1.45; A2015-38\namdt 2.78\ndef remuneration or reward ins A2008-47 s 6\nWho is a health attorney for a protected person?\ns 32B ins A2008-47 s 6\nam A2009-49 amdt 3.80\nWho is a carer for a protected person?\ns 32C ins A2008-47 s 6\nHealth attorney may give consent\ns 32D ins A2008-47 s 6;\nam A2014-51 amdt 1.46, amdt 1.47; A2015-38 amdt 2.78;\nA2016-13 amdt 1.66; A2016-10 amdts 1.7-1.11; ss renum\nR38 LA; A2023-13 s 14; A2025-29 amdt 4.89\nDecision-making principles apply\ns 32E ins A2008-47 s 6\nam A2016-10 amdt 1.12, amdt 1.13\nDecision about health attorney\ns 32F ins A2008-47 s 6\nam A2016-10 amdt 1.14\nHealth professional must give information to health attorney\ns 32G ins A2008-47 s 6\nam A2016-10 amdt 1.15, amdt 1.16; A2023-13 s 15; A2025-29\namdt 4.89\nReferring matters to public trustee and guardian—refusal of consent\ns 32H hdg am A2016-1 amdt 1.19\ns 32H ins A2008-47 s 6\nam A2009-20 amdt 3.85; A2016-1 amdt 1.19; A2016-10\namdt 1.17\n\nReferring matters to public trustee and guardian—disagreement between\nhealth attorneys\ns 32I hdg am A2016-1 amdt 1.19\ns 32I ins A2008-47 s 6\nam A2009-20 amdt 3.86; A2016-1 amdt 1.19; A2016-10\namdt 1.18\nNotice to public advocate—long term treatment\ns 32J hdg am A2016-1 amdt 1.19\ns 32J ins A2008-47 s 6\nam A2014-51 amdt 1.48; A2015-38 amdt 2.78; A2016-1\namdt 1.19\nsub A2016-10 amdt 1.19\nNotice and duration of consent—mental health treatment, care or support\ns 32JA ins A2014-51 amdt 1.49\nam A2015-38 amdt 2.78\nNote for s 32JA s 32JA also ins A2016-10 amdt 1.20\nrenum as s 32JB R38 LA\nInterested person may apply to ACAT for review of health attorney’s decision\ns 32JB (prev s 32JA) ins A2016-10 amdt 1.20\nrenum as s 32JB R38 LA\nam A2021-13 s 28\nProtection of health attorney from liability\ns 32K ins A2008-47 s 6\nProtection of health professional from liability\ns 32L ins A2008-47 s 6\nPreservation of liability\ns 32M ins A2008-47 s 6\nam A2016-10 amdt 1.21, amdt 1.22\nUrgent medical treatment\ns 32N ins A2008-47 s 6\nInterested person may withdraw health attorney’s consent to low-risk\ns 32O ins A2016-10 amdt 1.23\nHealth attorney must not benefit from health attorney’s decision\ns 32P ins A2016-10 amdt 1.23\nMedical research and low risk research\npt 2B hdg ins A2016-10 amdt 1.24\n\nGuardian may consent to protected person’s participation in low-risk\ns 33 sub A2006-50 amdt 2.3\nGuardian may consent to protected person’s participation in medical\ns 34 am A2000-2 sch\nGuardian must not benefit from guardian’s decision\ns 35 am A1999-66 sch 3; A2003-14 amdt 1.62; A2006-47 s 14,\ns 15; pars renum R18 LA; A2006-50 amdt 2.4; A2007-23 s 9;\npars renum R20 LA (see A2007-23 s 10)\nAssessment of likelihood of principal regaining decision-making capacity\ns 36 am A1997-96 sch 1; A2001-78 amdt 1.16\nAppearance by audiovisual or audio links\ns 36A ins A1999-22 s 14\nam A2000-17 sch 1; A2001-78 amdt 1.17; A2003-48 amdt 2.8\nInterested person may apply to ACAT for review of guardian’s decision\ns 37 om A2008-36 amdt 1.292\nam A2021-13 s 28\nEvidence\ns 38 am A1999-66 sch 3; A2005-53 amdt 1.59\nAuthority for medical or other examinations\ns 39 am A1999-66 sch 3\nAssistance for tribunal\ns 40 am A1997-96 sch 1; A2001-78 amdt 1.18; A2006-50 amdt 2.5\nPower to obtain information and documents\ns 41 am A1999-66 sch 3\n\nPrivileges against selfincrimination and exposure to civil penalty\ns 41A ins A2005-53 amdt 1.60\nRetention of documents\ns 42 am A1999-66 sch 3; A2005-53 amdt 1.61\nForm of orders\ns 43 am A2001-78 amdt 1.19\nProof of orders\ns 44 om A2008-36 amdt 1.292\nObtaining reasons for decisions\ns 45 am A1999-66 sch 3\nWithdrawal of applications\ns 46 om A2008-36 amdt 1.292\nCosts\ns 47 om A2008-36 amdt 1.292\nRemoval of people disrupting inquiries\ns 48 am A1998-54 sch; A1999-66 sch 3; A2001-78 amdt 1.20\nProhibited publications\ns 49 am A1998-54 sch; A1999-66 sch 3; A2001-78 amdt 1.21\nFailure to answer questions etc\ns 50 am A1998-54 sch; A2001-78 amdt 1.22; A2002-11 amdt 2.49;\nA2002-51 amdt 1.22\nFailure to attend before tribunal\ns 51 am A1998-54 sch; A1999-66 sch 3\nRefusing to be sworn etc\ns 52 am A1998-54 sch\nFalse information etc\ns 53 am A1998-54 sch; A2001-78 amdt 1.23\nInfluencing participants in inquiry\ns 54 am A1998-54 sch\n\nApplication of Criminal Code, ch 7\ns 55 am A1998-54 sch; A2000-2 sch\nsub A2005-53 amdt 1.62\nAppeals from tribunal to Supreme Court\ns 56 am A2004-60 amdt 1.153, amdt 1.154\nsub A2006-40 amdt 2.112\nam A2006-50 amdt 2.6\nEstablishment\ns 57 om A2008-36 amdt 1.292\nFunctions and powers\ns 58 sub A1999-66 sch 3; A2000-2 sch\nam A2001-78 amdts 1.24-1.26\nsub A2006-50 amdt 2.7\nMembership of tribunal\ns 59 sub A1999-66 sch 3; A2000-2 sch\nam A2008-28 amdt 3.96\nPresidential members\ns 60 am A1999-66 sch 3\nPowers of attorney and ACAT\npt 3 hdg sub A2008-36 amdt 1.292\nProcedure\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R6 LA\nMiscellaneous\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R6 LA\nAppeals\ndiv 3.3 hdg (prev pt 3 div 3 hdg) renum R6 LA\nDefinitions—pt 3\ns 61 sub A2000-2 sch; A2008-36 amdt 1.292\ndef decision-making capacity ins A2008-36 amdt 1.292\ndef interested person ins A2008-36 amdt 1.292\ndef power of attorney ins A2008-36 amdt 1.292\ndef principal ins A2008-36 amdt 1.292\n\nACAT directions etc for enduring powers of attorney\ns 62 sub A2000-2 sch; A2008-36 amdt 1.292\nam A2017-5 amdt 1.7, amdt 1.8 pars renum R39 LA; A2021-3\ns 16, s 17\nReference of power of attorney matters to Supreme Court\ns 63 am A1999-66 sch 3\nsub A2000-2 sch; A2008-36 amdt 1.292\nRequest for accounts—enduring powers of attorney\ns 64 hdg sub A2016-1 amdt 1.14\ns 64 am A1994-38 sch 1\nam A2006-42 amdt 3.57\nsub A2008-36 amdt 1.292\nam A2016-1 amdt 1.15, amdt 1.16, amdt 1.20; A2016-13\namdt 1.67; A2021-3 s 18, s 19\nDeclaration about decision-making capacity\ns 65 sub A2000-2 sch; A2008-36 amdt 1.292\nam A2016-10 amdt 1.25, amdt 1.26\nRemoving attorneys\ns 66 am A1998-54 sch\nsub A2000-2 sch; A2008-36 amdt 1.292\nRole of president\ns 66A ins A2000-2 sch\nDeciding questions\ns 66B ins A2000-2 sch\nam A2006-50 amdt 2.8\nProtection of members etc\ns 66C ins A2000-2 sch\nSecrecy\ns 66D ins A2000-2 sch\nGuardianship and management of property tribunal\npt 4 hdg om A2008-36 amdt 1.292\nEstablishment, functions and powers\ndiv 4.1 hdg (prev pt 4 div 1 hdg) ins A2000-2 sch\n\nTribunal members\ndiv 4.2 hdg (prev pt 4 div 2 hdg) ins A2000-2 sch\nRegistrar and deputy registrars\ndiv 4.3 hdg (prev pt 4 div 3 hdg) ins A2000-2 sch\nOther provisions\ndiv 4.4 hdg (prev pt 4 div 4 hdg) ins A2000-2 sch\nTemporary appointments\ns 67 hdg sub A2008-47 s 7\ns 67 am A2006-50 amdt 2.11; A2007-23 s 11\nsub A2008-36 amdt 1.293\nam A2016-1 amdt 1.17, amdt 1.20\nEmergency removal of disabled persons\ns 68 am A1999-66 sch 3; A2005-53 amdt 1.63; A2006-50\namdt 2.11; A2008-36 amdt 1.294, amdt 1.295; A2016-1\namdt 1.19; A2016-28 amdt 1.4; A2025-22 s 15\nEmergency orders—enduring powers of attorney\ns 68A ins A2006-50 amdt 2.9\nsub A2008-36 amdt 1.296\nACAT’s power to revoke health direction\ns 68B ins A2006-50 amdt 2.9\nsub A2008-36 amdt 1.296\nCapacity to consent to medical etc procedures\ns 69 am A2008-36 amdt 1.312; A2016-10 amdt 1.27\nACAT may consent to prescribed medical procedures\ns 70 hdg sub A2008-36 amdt 1.297\ns 70 am A1994-45 s 34; A2005-48 amdt 1.6, amdt 1.7; A2006-50\namdt 2.11; A2008-36 amdt 1.298, amdt 1.312; A2014-51\namdts 1.50-1.52; A2015-38 amdt 2.78; A2016-1 amdt 1.19;\nA2023-23 s 48\nRestrictions on consent by guardian to mental health treatment, care or\nsupport\ns 70A ins A2014-51 amdt 1.53\nam A2015-38 amdt 2.78; A2025-29 amdt 4.89\nPower to adjust transactions\ns 71 am A2008-36 amdt 1.312\n\nInjunctions to restrain dealings\ns 72 am A1998-54 sch; A2001-78 amdt 1.27; A2008-36 amdt 1.312\nNotice of meeting\ns 72A ins A2008-36 amdt 1.299\nam A2016-1 amdt 1.18; pars renum R36 LA\nAuthority for medical or other examinations\ns 72B ins A2008-36 amdt 1.299\nPower to obtain information and documents\ns 72C ins A2009-44 amdt 1.28\nMedical certificate about impaired decision-making capacity\ns 72D ins A2016-10 amdt 1.28\nActs and omissions of representatives\ns 73 sub A2001-78 amdt 1.28; A2004-15 amdt 1.25\nCriminal liability of executive officers\ns 74 om A1998-54 sch\nins A2001-78 amdt 1.28\nam A2010-50 amdt 1.3; A2011-28 amdt 3.125\nsub A2013-4 amdt 1.5\nCertain things done or omitted to be done not invalid\ns 74A ins A2025-22 s 16\nexp 13 September 2025 (s 74A (3))\nDetermination of fees\ns 75 sub A2001-44 amdt 1.1995\nam A2006-42 amdt 3.58; A2016-1 amdt 1.20; A2021-33 s 20;\nA2025-29 amdt 4.89\nApproved forms\ns 75A ins A2008-47 s 8\nam A2011-22 amdt 1.231; A2025-29 amdt 4.89\nAnnual report\ns 76 om A1995-25 sch\nRegulation-making power\ns 77 am A1998-54 sch\nam A2001-44 amdt 1.1996, amdt 1.1997; A2008-36\namdt 1.300; ss renum R22 LA; A2025-29 amdt 4.89\nTransitional provisions about tribunal members\ns 78 ins A2000-2 sch\nexp 9 June 2000 (s 78 (4))\n\ndict ins A2001-78 amdt 1.29\nam A2002-30 amdt 3.401; A2003-14 amdt 1.63; A2005-53\namdt 1.64; A2008-36 amdt 1.301; A2010-30 amdt 1.29;\nA2012-40 amdt 3.59, A2013-39 amdt 2.33, amdt 2.34\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55)); A2021-13 s 29\ndef approved ins A2016-10 amdt 1.29\ndef carer ins A2006-47 s 16\nsub A2008-47 s 9\ndef close relative or close friend ins A2008-47 s 10\ndef convulsive therapy ins A1994-45 s 34\nom A2005-48 amdt 1.8\ndef decision-making capacity ins A2008-36 amdt 1.302\ndef decision-making principles ins A2001-78 amdt 1.29\nsub A2006-47 s 17\ndef deputy president ins A1999-66 sch 3\nom A2008-36 amdt 1.303\ndef domestic partner ins A2008-47 s 10\ndef electroconvulsive therapy ins A2005-48 amdt 1.9\nsub A2015-38 amdt 2.79\ndef enduring power of attorney ins A2006-50 amdt 2.10\ndef executive officer ins A2001-78 amdt 1.29\nom A2011-28 amdt 3.126\ndef general president ins A2008-36 amdt 1.304\nom A2016-28 amdt 1.5\ndef guardian ins A2001-78 amdt 1.29\ndef health attorney ins A2008-47 s 10\ndef health professional ins A2008-47 s 10\ndef impaired decision-making ability ins A2001-78\namdt 1.29\nsub A2006-47 s 18\ndef inquiry reloc from s 4 A2001-78 amdt 1.5\nom A2008-36 amdt 1.305\ndef interested person ins A2008-36 amdt 1.306\nsub A2021-13 s 30\ndef interests ins A2006-47 s 19\ndef judicial officer reloc from s 4 A2001-78 amdt 1.5\ndef low-risk research ins A2016-10 amdt 1.29\ndef manager ins A2001-78 amdt 1.29\nsub A2007-23 s 12\ndef medical research ins A2016-10 amdt 1.29\ndef medical treatment ins A2008-47 s 10\n\ndef member ins A2000-2 sch\nom A2008-36 amdt 1.307\ndef mental illness ins A2005-48 amdt 1.9\nam A2014-51 amdt 1.54\nsub A2015-38 amdt 2.79\ndef neurosurgery ins A1994-45 s 34\nom A2011-28 amdt 3.127\ndef non-presidential member ins A1999-66 sch 3\nom A2008-36 amdt 1.307\ndef non-regenerative tissue ins A2001-78 amdt 1.29\nam A2007-3 amdt 3.287\ndef power of attorney ins A2008-36 amdt 1.308\ndef prescribed medical procedure am A1994-45 s 34; pars\nrenum R6 LA (see A2001-78 amdt 1.3)\nam A2005-48 amdt 1.10; A2014-51 amdt 1.55\ndef president reloc from s 4 A2001-78 amdt 1.5\nom A2008-36 amdt 1.309\nins A2016-28 amdt 1.6\ndef presidential member ins A1999-66 sch 3\nom A2008-36 amdt 1.309\ndef primary carer ins A2001-78 amdt 1.29\nom A2006-47 s 20\ndef principal ins A2008-36 amdt 1.310\ndef priority order ins A2008-47 s 10\ndef protected person ins A2008-47 s 10\ndef psychiatric illness ins A1994-45 s 34\nom A2005-48 amdt 1.11\ndef psychiatric surgery ins A1994-45 s 34\nsub A2005-48 amdt 1.12; A2015-38 amdt 2.79\ndef remuneration or reward ins A2008-47 s 10\ndef spouse reloc from s 4 A2001-78 amdt 1.5\nom A2003-14 amdt 1.64\ndef tribunal reloc from s 4 A2001-78 amdt 1.5\nom A2008-36 amdt 1.311\ndef trustee company ins A2001-78 amdt 1.29\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1 (RI)\n1 Oct 1993–\nA1993-64 amendments by\nA1993-64\nR1A\n1 July 1994–\n5 Feb 1995\nA1994-38 amendments by\nA1994-38\nR2 (RI)\n6 Feb 1995–\n4 Sept 1995\nA1994-45 amendments by\nA1994-45\nR2A\n5 Sept 1995–\n30 Oct 1995\nA1995-25 amendments by\nA1995-25\nR2B\n31 Oct 1995–\nA1995-36 amendments by\nA1995-36\nR2C\n20 June 1996–\nA1995-54 amendments by\nA1995-54\nR3 (RI)\n1 June 1998–\n8 Dec 1998\nA1997-96 amendments by\nA1997-96\nR3A\n9 Dec 1998–\n31 Aug 1999\nA1998-54 amendments by\nA1998-54\nR3B\n1 Sept 1999–\n30 Sept 1999\nA1999-22 amendments by\nA1999-22\nR3C\n1 Oct 1999–\n9 Nov 1999\nA1999-32 amendments by\nA1999-32\n\nEarlier republications 5\nfor\nR3D\n10 Nov 1999–\n8 Mar 2000\nA1999-66 amendments by\nA1999-66\nR4 (RI)\n9 Mar 2000–\nA2000-2 amendments by\nA2000-2\nR4A\n1 June 2000–\nA2000-17 amendments by\nA2000-17\nR4B\n9 June 2000–\n11 Sept 2001\nA2000-17 expiry of\ntransitional\nprovision (s 78)\n11 Oct 2001\n24 Sept 2001–\nA2001-78 amendments by\nA2001-44 and\nA2001-78\n28 May 2002–\n16 Sept 2002\nA2002-11 amendments by\nA2002-11\n10 Oct 2002\n17 Sept 2002–\n31 Dec 2002\nA2002-30 amendments by\nA2002-30\n1 Jan 2003\n1 Jan 2003–\n27 Mar 2003\nA2002-51 amendments by\nA2002-51\n28 Mar 2003\n28 Mar 2003–\n8 Apr 2004\nA2003-14 amendments by\nA2003-14\n9 Apr 2004\n9 Apr 2004–\n29 Apr 2004\nA2004-15 amendments by\nA2004-15\nR11*\n30 Apr 2004\n30 Apr 2004–\n9 Jan 2005\nA2003-48 amendments by\nA2003-48\n10 Jan 2005\n10 Jan 2005–\n6 Sept 2005\nA2004-60 amendments by\nA2004-60\n7 Sept 2005\n7 Sept 2005–\n22 Nov 2005\nA2005-48 amendments by\nA2005-48\n23 Nov 2005\n23 Nov 2005–\n21 Dec 2005\nA2005-53 amendments by\nA2005-53\n22 Dec 2005\n22 Dec 2005–\n28 Sept 2006\nA2005-60 amendments by\nA2005-60\n\nfor\n29 Sept 2006\n29 Sept 2006–\n15 Nov 2006\nA2006-40 amendments by\nA2006-40\n16 Nov 2006\n16 Nov 2006–\nA2006-42 amendments by\nA2006-42\n28 May 2007–\nA2006-47 amendments by\nA2006-47\nR19*\n30 May 2007–\n5 Sept 2007\nA2007-3 amendments by\nA2006-50 and\nA2007-3\n6 Sept 2007\n6 Sept 2007–\n25 Aug 2008\nA2007-23 amendments by\nA2007-23\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-47 amendments by\nA2008-36 and\nA2008-47\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\n17 Dec 2009\n17 Dec 2009–\n21 Dec 2009\nA2009-49 amendments by\nA2009-49\n22 Dec 2009\n22 Dec 2009–\n27 Sept 2010\nA2009-44 amendments by\nA2009-44\n28 Sept 2010\n28 Sept 2010–\n20 Dec 2010\nA2010-30 amendments by\nA2010-30\n21 Dec 2010\n21 Dec 2010–\nA2010-50 amendments by\nA2010-50\n1 July 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n10 Sept 2012\nA2011-28 amendments by\nA2011-28\n11 Sept 2012\n11 Sept 2012–\n21 Feb 2013\nA2012-40 amendments by\nA2012-40\n22 Feb 2013\n22 Feb 2013–\n6 Nov 2013\nA2013-4 amendments by\nA2013-4\n\nEarlier republications 5\nfor\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nA2013-39\nNever effective\nbecause of High\nCourt decision in\nrelation to\nA2013-39 (see\nreissued\nrepublication)\nR32 (RI)\n24 Feb 2014\n7 Nov 2013–\nA2013-39 (never\neffective)\nReissued because\nof High Court\ndecision in relation\nto A2013-39\n21 May 2015–\n7 Oct 2015\nA2015-11 amendments by\nA2015-11\n8 Oct 2015\n8 Oct 2015–\n29 Feb 2016\nA2015-11 updated endnotes\nas amended by\nA2015-38\n1 Mar 2016\n1 Mar 2016–\n31 Mar 2016\nA2015-38 amendments by\nA2014-51 and\nA2015-38\n1 Apr 2016\n1 Apr 2016–\nA2016-13 amendments by\nA2016-1 and\nA2016-13\n16 June 2016–\n31 Aug 2016\nA2016-28 amendments by\nA2016-28\n1 Sept 2016\n1 Sept 2016–\n1 Mar 2017\nA2016-28 amendments by\nA2016-10\n2 Mar 2017\n2 Mar 2017–\n15 Nov 2017\nA2017-5 amendments by\nA2017-5\n16 Nov 2017\n16 Nov 2017–\n25 Feb 2021\nA2017-38 amendments by\nA2017-38\n26 Feb 2021\n26 Feb 2021–\n8 Sept 2021\nA2021-3 amendments by\nA2021-3\n9 Sept 2021\n9 Sept 2021–\n9 Mar 2022\nA2021-13 amendments by\nA2021-13\n\n6 Expired transitional or validating provisions\nfor\n10 Mar 2022\n10 Mar 2022–\n15 Feb 2023\nA2021-33 amendments by\nA2021-33\n16 Feb 2023\n16 Feb 2023–\n11 Apr 2023\nA2023-2 amendments by\nA2023-2\n12 Apr 2023\n12 Apr 2023–\n22 Dec 2023\nA2023-13 amendments by\nA2023-13\n23 Dec 2023\n23 Dec 2024–\n12 Sept 2025\nA2023-23 amendments by\nA2023-23\n13 Sep 2025\n13 Sept 2025–\n13 Sept 2025\nA2025-22 amendments by\nA2025-22\n14 Sept 2025\n14 Sept 2025–\n2 Nov 2025\nA2025-22 expiry of validation\nprovision (s 74A)\n3 Nov 2025\n3 Nov 2025–\n15 Dec 2025\nA2025-22 amendments by\nA2024-24\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":91}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded since its original form: the modern text includes statutory regimes and new subject-matter not present in the 1991 core. Notable additions in the republished text include a standalone Part 2A allowing health professionals to obtain consent from nominated \"health attorneys\" for protected persons when there is no formal attorney or guardian (ss 32A–32P), Part 2B dealing with medical research and low-risk research consent rules (ss 33–37), specific provisions for management of missing persons’ property (ss 8AA–8AC, s 27A), and expanded ACAT powers over enduring powers of attorney (s 62). The Act now also sets clearer audit, accounts and fee arrangements (ss 26–27, s 75) and prescribes time-limited emergency powers (ss 67–68). These additions broaden the Act from a core guardianship/property-management statute to a more comprehensive administrative framework addressing medical consent, research participation, missing-persons property and interactions with enduring powers of attorney."},"complexity_factors":["Extensive cross-references to other Acts and external definitions (Powers of Attorney Act 2006, Mental Health Act 2015, Medical Treatment (Health Directions) Act 2006) (see s 8B, s 32A, s 70)","Multiple distinct decision-makers and roles (ACAT, guardians, managers, public trustee and guardian, trustee companies, health professionals, health attorneys) with overlapping powers (ss 7–9, 32B, 62)","Detailed procedural and evidentiary requirements (filing and audit of accounts, notice rules, medical certificates, independent doctor statements) (ss 26–27, s 72A, s 72D, s 36)","Special regimes layered onto core rules (missing persons’ property ss 8AA–8AC and 27A; medical-research consent in pts 2A and 2B)","Significant supervisory and discretionary powers vested in ACAT (appointments, directions, revocations, compensation orders, emergency orders) requiring legal interpretation at multiple points (ss 16, 19, 19A, 67, 68)","Interactions with private instruments (enduring powers of attorney) and substitution effects, requiring conflict-resolution rules (ss 8B, 62)","Criminal, civil and administrative remedies and penalties across the Act, creating different compliance regimes and liabilities (ss 16, 19A, 73–74)"],"plain_english_summary":"# What this law does (mechanically)\n\n- Establishes a legal framework for appointing people or bodies to make decisions for adults who have impaired decision-making ability. Appointments and supervision are made by the ACT Civil and Administrative Tribunal (ACAT) (see s 7, s 8, s 16, s 19). \n- Sets out decision-making principles that those decision-makers must follow (support to participate, give effect to the person’s wishes so far as possible, promote the person’s interests, and interfere with the person’s life as little as necessary) (s 4).\n- Creates two distinct roles: guardians (decide health and welfare matters, with specified exclusions) and managers (manage property and financial matters) and describes their powers and limits (ss 7–9, s 7B, s 14).\n- Provides a route for health professionals to obtain consent for routine medical treatment or approved low-risk research from family or carers (called \"health attorneys\") when there is no formal attorney or guardian appointed (pt 2A, especially ss 32A–32D, 32G).\n- Regulates consent to medical and medical-research participation for protected persons (parts 2A and 2B: ss 32D, 33–36), including independent medical assessment requirements for some research (s 36).\n- Requires managers to keep accounts and gives the public trustee and guardian powers to examine accounts and seek disallowance or audits (ss 26–27, 27AA). Costs and some fees are met from the represented person’s property (s 15; s 27 (4)).\n- Provides emergency and temporary measures (short emergency ACAT orders, emergency warrants for removal in specified circumstances) and powers over enduring powers of attorney (ss 67–68A, 62).\n- Gives ACAT powers to give directions, review, vary or revoke orders, and to order compensation or other remedies where a representative fails to comply with the Act (ss 16–19A).\n\n# Who it affects\n\n- Adults who have impaired decision-making ability for health, welfare or property matters (s 5; definitions in pt 2A s 32A).\n- People who may be appointed as guardians or managers: individuals, trustee companies and the public trustee and guardian, subject to specified limits and consent requirements (s 9, s 10).\n- Health professionals who treat or advise protected persons and who must follow the decision-making principles and give specified information when seeking consent from a health attorney (ss 32E, 32G).\n- Family, carers and \"interested persons\" who may be consulted, may apply to ACAT, or may object to decisions (see s 4(3), ss 32JB, 37 and s 72A on notice of hearings).\n- Third parties who deal with a manager for a missing person’s property are protected if they act honestly and reasonably (s 27A).\n\n# How it works in practice (key mechanics and concrete trade-offs)\n\n- Appointment: ACAT appoints a guardian or manager only if it is satisfied that the person has impaired decision-making ability in the relevant area and that needs or risks cannot reasonably be handled by support or an enduring power of attorney (ss 7(1)–(3), 8(1)–(3)). ACAT must consider whether necessary support could be provided instead (ss 7(2), 8(2)).\n- Powers and limits: Guardians may make welfare and health decisions but certain decisions are expressly excluded (no power to consent to marriage, voting, making a will, some prescribed procedures, etc.) (s 7(4); s 7B). Managers exercise the powers the person would have if competent, but must avoid conflicts and keep property separate (s 8(3)–(4); s 14).\n- Supervision and compliance: ACAT supervises orders, must review at least every 3 years, can give directions and order compensation for breaches (ss 16–19A). Managers (other than the public trustee and guardian) must file prescribed accounts and can be directed to have accounts audited; failure can attract penalties (ss 26–27).\n- Costs and who pays: Reasonable expenses and fees for acting as guardian or manager are payable out of the represented person’s property (s 15). Fees for examination of managers’ accounts are payable to the Territory and may be imposed on the manager (s 27(4)). The Minister may set fees (s 75).\n- Interaction with private legal instruments: Enduring powers of attorney remain relevant. ACAT can revoke or suspend an enduring power and may appoint a guardian or manager where a power of attorney is revoked or suspended (s 62). This creates a substitution effect: people with enduring powers may avoid ACAT intervention; conversely, ACAT can override or step in where it considers appropriate (s 8B, s 62).\n- Medical consent without formal representation: Where no attorney or guardian exists, a health professional may seek consent from a health attorney in a priority order (domestic partner, carer, close relative/friend) (s 32B, s 32D). The health professional must provide specified information and can rely on the health attorney’s consent once given (ss 32G, 32D(4)). There are further notice and time limits for mental health treatment (ss 32JA/32JB; s 70A).\n- Research and higher-risk procedures: Guardians may consent to low-risk research only if the research is approved (s 33). Consent to medical research has stricter criteria, including independent medical assessment that the person is unlikely to regain capacity within the relevant research period and that benefits outweigh risks (ss 34–36). ACAT may consent to some prescribed medical procedures where a person is found incompetent (s 70).\n- Emergency powers and urgent intervention: ACAT can make short emergency orders without a hearing in urgent cases (s 67). The Act also provides for warrants to remove people at risk or unlawfully detained, authorising force where necessary (s 68).\n\n# Implementation risk, incentives and compliance burden (source-grounded)\n\n- Bureaucratic discretion: ACAT has broad discretion to appoint, review, direct, suspend or revoke (ss 7–8, 16, 19, 62). That discretion concentrates decision power in a tribunal (s 16, s 19) and requires procedural safeguards (notice rules s 72A, right to review ss 32JB, 37).\n- Compliance burden on managers and guardians: filing accounts, being audited, and potential disallowance and penalties (ss 26–27, s 16). These duties impose record-keeping and possible audit costs that are paid from the represented person’s property (s 15, s 27(4)).\n- Incentives for private appointment: The Act requires consent and suitability checks before appointing private individuals (s 9(1), s 10). It prefers an individual (if suitable) over the public trustee or a trustee company for guardian or manager roles (s 9(4)–(5)), which affects who benefits from appointments.\n- Impacts on private transactions and contract freedom: Acts of guardians and managers have legal effect as if done by the represented person (s 13; s 23). Transactions by an apparently incompetent person can be confirmed, voided or adjusted by ACAT or courts within 90 days (s 71), which creates post-transaction legal uncertainty for counterparties but also a pathway to validation.\n- Protections for third parties and managers for missing persons: Honest actions by managers and third parties in relation to missing persons’ property are insulated from liability if done honestly and believed to be within appointment powers (s 27A). This reduces risk for third parties dealing in good faith.\n\n# Concrete trade-offs and likely practical effects (test against costs, incentives and private choice)\n\n- Trade-off: Providing ACAT-appointed guardians/managers creates an administrative pathway to protect interests and enable transactions (ss 7–8, s 13), but it imposes administrative and financial costs on the represented person’s estate (s 15, s 27(4)).\n- Incentive structure: The Act channels appointments through ACAT and creates reporting and audit obligations, which incentivises professional or family appointments where capacity exists (ss 9–10, s 26). The preference for individual appointees where available (s 9(4)–(5)) reduces automatic appointment of public trustee but does not eliminate it.\n- Substitution: Where people have made enduring powers of attorney or advance health directions, those instruments interact with or can displace ACAT appointments (s 8B, s 62, s 68B) — meaning private planning can reduce tribunal intervention.\n\n# Official stated purpose (as expressed in the Act) and how that purpose is implemented mechanistically\n\n- The Act is \"An Act to provide for guardianship, and management of the property, of certain people, and for related purposes\" (long title). Mechanically, it implements that purpose by delegating appointment and oversight to ACAT, creating guardian/manager roles, prescribing powers and limits, and providing processes for medical consent, records, accounts and remedies (see ss 1, 7–9, 16–19, pt 2A, pts 2B and 3). \n\nOverall, the Act creates a structured administrative system (ACAT-led) for substituting decision-making for adults with impaired decision-making ability while specifying decision-making principles, limits on powers, reporting and review requirements, payment arrangements (from the represented person’s property), and safeguards around medical treatment, research and emergency interventions (see ss 4, 7–9, 15, 26–27, 32D–32G, 33–36, 67–68)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2866},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1991 scope of formal guardianship and property management. Major additions include: (1) Part 2A (2008) creating the health attorney scheme for informal medical consent; (2) Part 2B (2016) governing participation in medical research; (3) sections 8AA-8AC (2007) addressing property management for missing persons; (4) detailed mental health treatment consent frameworks (2014/2015); and (5) integration with modern advance care planning and enduring power of attorney regimes. The Act now functions as a comprehensive substitute decision-making code rather than merely a guardianship appointment mechanism."},"complexity_factors":["Multiple overlapping decision-making frameworks: formal guardians/managers appointed by ACAT, informal health attorneys, enduring powers of attorney, and advance care directives","Extensive cross-referencing to at least 10 other ACT statutes including the Mental Health Act 2015, Powers of Attorney Act 2006, and Public Trustee and Guardian Act 1985","Approximately 35 defined terms in the Dictionary with complex conditional definitions (e.g., 'protected person', 'impaired decision-making ability', 'carer')","Nested exceptions and restrictions: s 6A limits on findings of impairment; s 7B specific prohibitions on guardian powers; s 14 conflict-of-interest rules for managers","Time-sensitive procedural requirements: 3-year mandatory reviews (s 19), 10-day limits on emergency orders (s 67), 21-day/8-week limits for mental health consents (s 32JA), 2-year terms for missing person managers (s 8AC)","Conditional appointment criteria requiring multi-part tests: necessity of decision + risk assessment + consideration of available support alternatives (ss 7 and 8)","Non-sequential section numbering (jumping from s 37 to s 61) indicating historical removal of entire Parts, complicating historical interpretation","Specific carve-outs for sensitive areas: prescribed medical procedures (s 70), mental health treatment restrictions (s 70A), and voluntary assisted dying exclusions (s 7B)"],"plain_english_summary":"**What this law does**\n\nThis Act creates a legal framework to protect adults in the ACT who cannot make their own decisions due to disability, illness, or injury (called **impaired decision-making ability**). It establishes three main ways to help these vulnerable people:\n\n1.  **Formal Guardianship and Management**: The ACT Civil and Administrative Tribunal (**ACAT**) can appoint official decision-makers:\n    *   A **guardian** makes personal and health decisions (where to live, medical treatment, education).\n    *   A **manager** handles financial and property matters.\n    \n2.  **Health Attorneys**: When no guardian exists and there’s no enduring power of attorney, a close family member or friend (called a **health attorney**) can give consent for medical treatment or low-risk research. This avoids delays in emergencies.\n\n3.  **Missing Persons**: If someone disappears, ACAT can appoint a manager to look after their property for up to 2 years.\n\n**Key protections and principles**\n\nThe Act requires all decision-makers to follow strict **decision-making principles**:\n*   **Wishes first**: Give effect to the person’s own wishes where possible, unless it would seriously harm them.\n*   **Least restrictive**: Interfere with the person’s life as little as possible.\n*   **Support**: Help the person participate in decisions rather than taking over.\n*   **Consultation**: Guardians must consult with carers before making decisions.\n\n**Who it affects**\n*   Adults with impaired decision-making capacity (due to conditions like dementia, brain injury, or severe mental illness).\n*   Their families, carers, and health professionals.\n*   The **Public Trustee and Guardian** (who can be appointed if no suitable individual is available).\n*   ACAT, which supervises appointments, reviews them every 3 years, and can remove decision-makers who fail in their duties.\n\n**Important restrictions**\n*   Guardians **cannot** vote for the person, make their will, consent to marriage, or approve voluntary assisted dying.\n*   Certain serious medical procedures (like sterilisation or removal of tissue for transplant) require ACAT consent, not just a guardian’s say-so.\n*   A person’s eccentricity, political views, sexual orientation, or past drug use cannot be the sole reason to find them incapable.\n\n**Why it matters**\nThis law balances protection with autonomy. It prevents financial abuse and ensures people receive necessary healthcare, while requiring decision-makers to respect the individual’s past wishes and current preferences as much as possible."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-management-of-property-act-1991","history":"/api/acts/guardianship-and-management-of-property-act-1991/history","analysis":"/api/acts/guardianship-and-management-of-property-act-1991/analysis","conflicts":"/api/acts/guardianship-and-management-of-property-act-1991/conflicts","importantCases":"/api/acts/guardianship-and-management-of-property-act-1991/important-cases","documents":"/api/acts/guardianship-and-management-of-property-act-1991/documents"}}