{"id":"guardianship-of-adults-act-2016","name":"Guardianship of Adults Act 2016","slug":"guardianship-of-adults-act-2016","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30092,"registerId":"nt-guardianship-of-adults-act-2016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Guardianship of Adults Act 2016","content":"NORTHERN TERRITORY OF AUSTRALIA\nGUARDIANSHIP OF ADULTS ACT 2016\nAs in force at 1 July 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Guardianship principles ................................................................... 4\n5 Meaning of decision-making capacity .............................................. 6\n5A Meaning of impaired decision-making capacity ............................... 7\n5B Health Care Decision Making Act 2023 ........................................... 8\n6 Meaning of reasonably believes ...................................................... 8\n7 Meaning of relative .......................................................................... 9\n9 Application of Criminal Code ........................................................... 9\nPart 2 Guardianship\nDivision 1 Applications\n10 Application for guardianship order ................................................. 10\nDivision 2 Appointment of guardian\n11 When Tribunal may make guardianship order ............................... 10\n12 Appointment in advance for young person .................................... 11\n13 Who may be appointed .................................................................. 11\n14 Number of guardians ..................................................................... 12\n15 Eligibility for appointment ............................................................... 12\n16 Scope of authority.......................................................................... 13\n17 Restrictions, requirements and directions ...................................... 13\n18 Order if adult has advance personal plan or enduring power of\nattorney.......................................................................................... 14\n19 Reassessment and expiry dates.................................................... 14\n20 When Tribunal may make interim guardianship order ................... 15\nDivision 3 Authority of guardian\n21 Authority of guardian ..................................................................... 16\n22 Exercise of authority by guardian .................................................. 16\n23 Health care decisions .................................................................... 16\n24 Excluded matters ........................................................................... 17\n25 Effect of exercise of authority by guardian ..................................... 17\n\nGuardianship of Adults Act 2016 ii\nDivision 4 Specific powers and duties\n26 Right to documents and information .............................................. 18\n27 Information and things may be given to guardian .......................... 18\n28 Record keeping and reporting requirements.................................. 19\n29 Property to be managed as if trust property................................... 19\n30 Gifts ............................................................................................... 20\n31 Maintenance of dependants .......................................................... 20\n32 Asset management planning ......................................................... 21\nDivision 5 Orders about exercise of authority\n33 Orders to guardians ....................................................................... 21\n34 Orders to former guardian ............................................................. 22\nDivision 6 Orders about represented adult's compliance\n35 Represented adult to comply with guardian's decisions ................ 23\nDivision 6A Certain orders taken to be instruments for\nLand Title Act 2000\n35A Certain orders taken to be instruments for Land Title Act 2000 ..... 24\nDivision 7 Reassessment and variation of guardianship\norders\n36 Guardianship order to be reassessed ............................................ 24\n37 Matters to be considered on reassessment ................................... 24\n38 Outcome of reassessment ............................................................. 24\n39 Variation or revocation of guardianship order ................................ 25\nDivision 8 Duration of orders and appointment\n40 Duration of guardianship order ...................................................... 25\n41 When appointment of guardian ends ............................................. 25\n42 Notification requirements ............................................................... 26\n43 Effect of appointment of joint guardians for matter ceasing ........... 26\n44 Effect of appointment of sole guardian for matter ceasing ............. 27\n45 Guardian temporarily unable to act................................................ 27\n46 Registrar to update guardianship order ......................................... 27\nDivision 9 Reimbursement and remuneration\n47 Reimbursement of expenses ......................................................... 28\n48 Remuneration for professional guardian ........................................ 28\n49 Reimbursement and remuneration for other services provided\nby guardian to represented adult ................................................... 29\n\nGuardianship of Adults Act 2016 iii\nDivision 10 Miscellaneous matters about guardians\n50 Guardian unaware of extent of authority ........................................ 29\n51 Protection for guardian in financial matters ................................... 30\n52 Tribunal unaware of advance personal plan or enduring power\nof attorney when making guardianship order ................................. 30\nPart 3 Interstate orders\nDivision 1 Preliminary matters\n53 Definitions ...................................................................................... 31\nDivision 2 Registration of interstate orders\n54 Tribunal may register interstate order ............................................ 31\n55 Duration of registration .................................................................. 32\n56 Effect of registered order ............................................................... 32\n57 Application of Act to registered order............................................. 32\n58 Notification of tribunal or other body in other jurisdiction ............... 33\nDivision 3 Administrative matters\n59 Minister to make arrangements ..................................................... 33\nPart 4 Public Guardian\nDivision 1 Establishment and functions\n60 Public Guardian ............................................................................. 33\n61 Functions ....................................................................................... 33\n62 Compliance with guardianship principles ....................................... 35\n63 Independence ................................................................................ 35\nDivision 2 Public Guardian's powers\n64 General powers ............................................................................. 35\n65 Information gathering power .......................................................... 35\n66 Obtaining health assessment ........................................................ 36\n67 Health assessment order ............................................................... 36\nDivision 3 Appointment provisions\n68 Appointment of Public Guardian .................................................... 37\n69 Term of appointment ..................................................................... 38\n70 Conditions of appointment ............................................................. 38\n71 Resignation.................................................................................... 38\n\nGuardianship of Adults Act 2016 iv\nDivision 4 Administrative matters\n72 Delegation ..................................................................................... 38\n73 Staff and facilities for Public Guardian ........................................... 38\n74 Annual report ................................................................................. 38\n75 Protection from liability .................................................................. 39\nPart 5 Civil and Administrative Tribunal\nDivision 1 Preliminary matters\n76 Definitions ...................................................................................... 40\nDivision 2 Jurisdiction of Tribunal\n77 Jurisdiction of Tribunal ................................................................... 40\n78 Tribunal to act in accordance with guardianship principles............ 40\nDivision 3 General matters about proceedings\n79 How proceedings to be commenced ............................................. 40\n80 Proceedings not open to public ..................................................... 41\n81 Parties ........................................................................................... 41\n82 Representation .............................................................................. 42\n83 Public Guardian to ensure information is presented ...................... 42\n84 Reasons may be given orally......................................................... 42\n85 No fees .......................................................................................... 42\nPart 6 Enforcement\nDivision 1 Offences\n86 Falsely representing to be guardian .............................................. 43\n87 Improper exercise of authority by guardian.................................... 43\n88 Inducing guardian to exercise authority improperly ....................... 44\n89 Misleading information ................................................................... 44\n90 Unauthorised publication of Tribunal proceedings ......................... 46\n91 Unauthorised disclosure of confidential information ...................... 46\n92 Transfer of authority or estate by former guardian......................... 47\n93 Alternative verdicts ........................................................................ 47\nDivision 2 Consequences of finding of guilt\n94 Termination of appointment as guardian and disqualification ........ 48\n95 Payment of compensation for loss................................................. 48\nDivision 3 Legal proceedings\n96 Who may commence prosecution ................................................. 49\n\nGuardianship of Adults Act 2016 v\n97 Time for commencing prosecution................................................. 49\nPart 7 Miscellaneous matters\n98 Regulations.................................................................................... 49\nPart 8 Repeal and transitional matters\nDivision 1 Repeal\n99 Act repealed .................................................................................. 49\nDivision 2 Transitional matters for Guardianship of\nAdults Act 2016\n100 Definitions ...................................................................................... 50\n101 Existing guardianship orders continue ........................................... 50\n102 Pending applications for guardianship order ................................. 51\n103 Pending reviews ............................................................................ 51\n104 Other applications.......................................................................... 52\nDivision 3 Transitional matters for Advance Personal\nPlanning Amendment Act 2016\n104A Definitions ...................................................................................... 52\n104B Existing protection orders continue................................................ 52\n104C Pending applications for protection order ...................................... 53\n104D Other applications.......................................................................... 53\nDivision 4 Transitional matters for Health Care Decision\nMaking Act 2023\n105 Consent decision about health care .............................................. 54\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2024\n____________________\nGUARDIANSHIP OF ADULTS ACT 2016\nAn Act to provide for the guardianship of adults, and for related\npurposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Guardianship of Adults Act 2016.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nadvance personal plan, see section 8 of the Advance Personal\nPlanning Act 2013.\nagent, for an adult, means any of the following:\n(a) a guardian for the adult;\n(b) an APP decision maker for the adult;\n(c) if the adult is the donor of an enduring power of attorney – the\ndonee of the power;\n(d) a health care decision maker with authority under the Health\nCare Decision Making Act 2023.\nAPP decision maker means a decision maker as defined in\nsection 3 of the Advance Personal Planning Act 2013.\nauthority, of a guardian, means a power or function of the\nguardian.\n\nPart 1 Preliminary matters\nGuardianship of Adults Act 2016 2\nbest interests, of an adult, means the adult's best interests as\ndetermined in accordance with section 4(3).\nconsent decision, about health care action, means a decision to\ngive or refuse consent for the taking of the health care action.\ncorresponding law, for Part 3, see section 53.\ndecision-making capacity, see section 5(1).\nenduring power of attorney means an enduring power as defined\nin section 5 of the Powers of Attorney Act 1980.\nexercise, in relation to an authority, means to exercise a power or\nperform a function, including deciding whether or not to do so.\nfinancial matter, for an adult, means a matter relating to the adult's\nproperty or financial affairs.\nExamples for definition financial matter\n1 Receipt and payment of money.\n2 Banking.\n3 Property (including real estate) ownership.\n4 Investment and management of assets.\n5 Carrying on a trade or business.\n6 Insurance for an adult or the adult's property.\n7 Legal matters relating to a financial matter, other than as mentioned in\nsection 24(e).\nguardian means:\n(a) a person appointed as a guardian for an adult under a\nguardianship order; or\n(b) the Public Guardian when the Public Guardian is a guardian\nfor an adult under section 44 or 45.\nguardianship order means one of the following:\n(a) an order made under section 11;\n(b) an interim guardianship order made under section 20;\n(c) a registered order.\nguardianship principles, see section 4.\nhealth care, see section 6 of the Health Care Decision Making\nAct 2023.\n\nPart 1 Preliminary matters\nGuardianship of Adults Act 2016 3\nhealth care action, for an adult, means commencing, continuing,\nwithholding or withdrawing health care for the adult.\nhealth care decision, see section 7 of the Health Care Decision\nMaking Act 2023.\nhealth care provider, see section 4 of the Health Care Decision\nMaking Act 2023.\nimpaired decision-making capacity, see section 5A.\ninterested person, for an adult, means any of the following:\n(a) a relative of the adult;\n(b) a guardian for the adult;\n(c) the Public Guardian;\n(d) the Public Trustee;\n(e) an agent for the adult;\n(f) a person who is primarily responsible for providing support or\ncare to the adult;\n(g) any other person who has a genuine and sufficient interest in\nprotecting the adult's best interests.\ninterstate order, for Part 3, see section 53.\npersonal matter, for an adult, means a matter relating to the adult's\npersonal affairs (including health care) or lifestyle.\nExamples for definition personal matter\n1 Accommodation.\n2 Health care.\n3 The provision of care services to the adult.\n4 Employment.\n5 Education and training.\n6 Day-to-day living matters, such as diet and daily activities.\n7 Relationships with other people, including decisions about who may or\nmay not visit the adult.\n8 Legal matters relating to a personal matter, other than as mentioned in\nsection 24(e).\nproceedings, for Part 5, see section 76.\n\nPart 1 Preliminary matters\nGuardianship of Adults Act 2016 4\nPublic Guardian means the Public Guardian mentioned in\nsection 60.\npublication, for Part 5, see section 76.\nreasonably believes, see section 6.\nregistered order, for Part 3, see section 53.\nRegistrar, see section 3 of the Northern Territory Civil and\nAdministrative Tribunal Act 2014.\nrelative, of an adult, see section 7.\nrepresented adult means an adult for whom a guardianship order\nis in force.\nTribunal means the Civil and Administrative Tribunal.\nTribunal Act, for Part 5, see section 76.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Guardianship principles\n(1) A person or the Tribunal (the decision maker) exercising authority\nunder this Act in relation to an adult must exercise that authority in\naccordance with the requirements described in this section (the\nguardianship principles).\n(1A) The guardianship principles in this section do not apply in relation to\nhealth care or consent decisions about health care action.\n(2) The decision maker must exercise the decision maker's authority in\nthe way that the decision maker reasonably believes is in the adult's\nbest interests.\n(3) In determining what is in the adult's best interests, the decision\nmaker must:\n(a) seek to obtain the adult's current views and wishes, as far as it\nis practicable to do so; and\n(b) take into account all relevant considerations; and\n(c) weigh up the relevant considerations, giving each of them the\nweight that the decision maker reasonably believes is\nappropriate in the circumstances.\n\nPart 1 Preliminary matters\nGuardianship of Adults Act 2016 5\n(4) In determining what is appropriate in the circumstances, the\ndecision maker must ensure that the decision maker's authority is\nexercised in a way that:\n(a) is the least restrictive of the adult's freedom of decision and\naction as is practicable; and\n(b) provides the adult with as much support as is practicable to\nmake the adult's own decisions.\n(5) For subsection (3)(b), the relevant considerations include, but are\nnot limited to, the following:\n(a) the adult's current views and wishes and previously stated\nviews and wishes;\n(b) any views and wishes stated by an interested person for the\nadult;\n(c) maintenance of the adult's freedom of decision and action to\nthe greatest extent practicable;\n(d) the ability of the adult to be as independent as is practicable;\n(e) protection of the adult from harm, neglect, abuse and\nexploitation;\n(f) the provision to the adult of appropriate care, including health\ncare;\n(g) promotion of the adult's happiness, enjoyment of life and\nwellbeing;\n(h) the ability of the adult to achieve the adult's maximum\nphysical, social, emotional and intellectual potential;\n(i) the ability of the adult to live in the general community and\ntake part in community activities;\n(j) maintenance of the adult's right to be treated with dignity and\nrespect;\n(k) the ability of the adult to maintain the adult's preferred living\nenvironment and lifestyle;\n(l) maintenance or creation of a support network for the adult;\n(m) protection of the adult's property and financial resources from\nloss, damage or misuse;\n\nPart 1 Preliminary matters\nGuardianship of Adults Act 2016 6\n(n) protection of the adult's right to confidentiality of information\nabout the adult.\n(6) Subsection (2) does not prevent a decision maker from exercising\nauthority under this Act in relation to an adult in a way that may be\nbeneficial to another person if:\n(a) the benefit to the other person is of a kind that the adult:\n(i) provided when the adult had decision-making capacity\nfor the matter; or\n(ii) might reasonably be expected to provide; and\n(b) the benefit being provided to the other person:\n(i) is reasonable in the circumstances; and\n(ii) will not significantly adversely affect the adult's best\ninterests.\nExamples for subsection (6)\n1 It may be appropriate for a guardian to make provision out of the adult's\nmoney for educational expenses for the adult's children, even though that\nis not directly for the benefit of the adult and will mean that the money is\nnot available to pay for the adult's own expenses.\n2 It may be appropriate for the Tribunal to consent to the adult donating bone\nmarrow to treat the adult's child who has leukaemia, even though doing so\nmay involve some risk to the adult.\n(7) Despite subsection (2), if the adult has made an advance care\nstatement (as defined in section 3 of the Advance Personal\nPlanning Act 2013), the decision maker must exercise the decision\nmaker's authority under this Act so as to give effect to the statement\neven if doing so is not in adult's best interests, unless:\n(a) the adult, having capacity to do so, states that the adult does\nnot want that statement to be given effect; or\n(b) a circumstance mentioned in section 23(1) or (2) of the\nAdvance Personal Planning Act 2013 exists.\n5 Meaning of decision-making capacity\n(1) An adult has decision-making capacity in relation to personal\nmatters and financial matters if the adult does not have impaired\ndecision-making capacity in relation to those matters.\n(2) An adult is presumed to have decision-making capacity until the\ncontrary is shown.\n\nPart 1 Preliminary matters\nGuardianship of Adults Act 2016 7\n5A Meaning of impaired decision-making capacity\n(1) An adult has impaired decision-making capacity in relation to a\npersonal matter or financial matter if the adult's capacity to make a\ndecision in relation to the matter is impaired.\n(2) An impairment in any of the following is relevant in determining\nwhether an adult's capacity to make a decision is impaired:\n(a) understanding and retaining information relevant to the\ndecision;\n(b) weighing information relevant to the decision in order to make\nthe decision;\n(c) communicating the decision in some way;\n(d) understanding the effect of the decision.\n(3) For subsection (2)(a), an adult is taken to understand information\nrelevant to a decision if the adult understands an explanation of the\ninformation given to the adult in a way that is appropriate to the\nadult's circumstances, whether by using modified language, visual\naids or other means.\n(4) For subsection (2)(c), an adult is taken to communicate a decision if\nthe adult communicates the decision in a way that is appropriate to\nthe adult's circumstances, whether by using modified language,\nvisual aids or other means.\n(5) An adult may have impaired decision-making capacity in relation to\nsome matters and not others.\n(6) The degree to which an adult has impaired decision-making\ncapacity may vary over time.\n(7) The cause of the impairment of the decision-making capacity is\nimmaterial.\n(8) An adult does not have impaired decision-making capacity merely\nbecause the adult:\n(a) has a disability, illness or other medical condition, whether\nphysical or mental; or\n(b) requires the use of practicable and appropriate support,\nincluding additional time for explanation, modified language,\nvisual or technological aids or other means of communication;\nor\n\nPart 1 Preliminary matters\nGuardianship of Adults Act 2016 8\n(c) engages in unconventional behaviour or other form of\npersonal expression; or\n(d) chooses a living environment or lifestyle with which other\npeople do not agree; or\n(e) makes decisions with which other people do not agree; or\n(f) does not have a particular level of fluency in English; or\n(g) does not have a particular level of literacy or education; or\n(h) engages in particular cultural or religious practices; or\n(i) does or does not express a particular religious, political or\nmoral opinion; or\n(j) is of a particular sexual orientation, gender identity or\nexpresses particular sexual preferences; or\n(k) takes or took, or is or was dependent on, alcohol or drugs,\nunless the alcohol or drugs are causing actual impairment in\nrelation to the decision; or\n(l) engages or engaged in illegal or immoral conduct.\nExamples for subsection (8)(b)\n1 Using information or formats tailored to the particular needs of the adult.\n2 Communicating or assisting a person to communicate the adult's decision.\n3 Giving a person additional time and discussing the matter with the adult.\n4 Using technology that alleviates the effects of the adult's disability.\n5B Health Care Decision Making Act 2023\nThis Act is subject to the Health Care Decision Making Act 2023\nand if a provision of this Act is inconsistent with that Act, that Act\nprevails to the extent of the inconsistency.\n6 Meaning of reasonably believes\n(1) A person reasonably believes something at a particular time if the\nperson has grounds at the time for believing that thing and those\ngrounds, when judged objectively, are reasonable.\n(2) The reasonableness of the belief is not affected by the grounds\nsubsequently being found to be false or non-existent.\n\nPart 1 Preliminary matters\nGuardianship of Adults Act 2016 9\n(3) A belief held by a health care provider in relation to health care\naction is not reasonable unless it is consistent with the generally\naccepted standards of good professional practice of members of\nthe health care provider's profession.\n7 Meaning of relative\n(1) Each of the following is a relative of an adult:\n(a) a spouse or de facto partner;\n(b) a child;\n(c) a stepchild;\n(d) a parent;\n(e) a foster parent;\n(f) a brother or sister;\n(g) a grandparent;\n(h) an uncle or aunt;\n(i) a nephew or niece;\n(j) a person who is related to the adult in accordance with\ncustomary law or tradition (including Aboriginal customary law\nor tradition).\n(2) For subsection (1)(f), a brother or sister of an adult includes:\n(a) a half-brother or half-sister; and\n(b) a person who was adopted by one or both of the adult's\nparents.\n9 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 9\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nPart 2 Guardianship\nDivision 2 Appointment of guardian\nGuardianship of Adults Act 2016 10\nPart 2 Guardianship\nDivision 1 Applications\n10 Application for guardianship order\nAn application may be made to the Tribunal for a guardianship\norder for an adult by:\n(a) the adult; or\n(b) an interested person for the adult.\nDivision 2 Appointment of guardian\n11 When Tribunal may make guardianship order\n(1) The Tribunal may make an order appointing a guardian for an adult\nif satisfied that:\n(a) the adult has impaired decision-making capacity; and\n(b) the effect of the impairment is that, for some or all personal\nmatters or financial matters, the adult is unable to exercise\ndecision-making capacity; and\n(c) the adult is in need of a guardian for some or all of those\nmatters.\n(2) In determining whether an adult is in need of a guardian, the\nTribunal must take the following into account:\n(a) the nature and extent of the impairment of the adult's\ndecision-making capacity, including:\n(i) whether the impairment is continuous or episodic; and\n(ii) whether the impairment is likely to be permanent or, if\nnot, the likely duration of the impairment; and\n(iii) the matters for which the adult's decision-making\ncapacity is impaired;\n(b) whether the adult already has an agent with authority for the\nmatters for which the adult's decision-making capacity is\nimpaired;\n(c) any views and wishes stated by an interested person for the\nadult;\n\nPart 2 Guardianship\nDivision 2 Appointment of guardian\nGuardianship of Adults Act 2016 11\n(d) the desirability of preserving existing family relationships and\nother relationships that are important to the adult;\n(e) whether the adult's needs could be adequately provided for in\na way that is less restrictive of the adult's freedom of decision\nand action than appointing a guardian.\n(3) The Tribunal must make a guardianship order on the terms the\nTribunal considers appropriate.\n12 Appointment in advance for young person\n(1) The Tribunal may make a guardianship order for an individual who\nis at least 17 years of age but has not turned 18 (a young person)\nif the Tribunal is reasonably satisfied that, when the young person\nturns 18, they will satisfy the criteria mentioned in section 11(1).\n(2) However, the order has no effect until the young person turns 18.\n(3) This Act applies in relation to the order and an application for the\norder as if a reference in this Act to an adult included a reference to\nthe young person.\n13 Who may be appointed\n(1) The Tribunal may appoint any of the following as a guardian:\n(a) an individual who, under section 15, is eligible for\nappointment;\n(b) the Public Guardian;\n(c) the Public Trustee.\n(2) The Tribunal may appoint the Public Guardian only if there is no\nindividual who is eligible for appointment under section 15.\n(3) The Tribunal may appoint the Public Trustee only if:\n(a) there is no individual who is eligible for appointment under\nsection 15; and\n(b) the authority of the Public Trustee under the order is limited to\nfinancial matters; and\n(c) the Public Trustee agrees to the appointment.\n(4) This section does not prevent the Public Guardian or Public Trustee\nfrom being appointed as one of 2 or more guardians for an adult\nunder section 14.\n\nPart 2 Guardianship\nDivision 2 Appointment of guardian\nGuardianship of Adults Act 2016 12\n14 Number of guardians\n(1) The Tribunal may appoint one guardian, or 2 or more guardians, for\nan adult.\n(2) If the Tribunal appoints 2 or more guardians for an adult, they may\nbe appointed jointly, severally or jointly and severally.\n(3) Two or more guardians are appointed jointly unless the Tribunal\nprovides otherwise.\n15 Eligibility for appointment\n(1) An individual is eligible for appointment as a guardian for an adult\nunder section 13 if:\n(a) the individual:\n(i) is at least 18 years of age; and\n(ii) consents to the appointment; and\n(b) the Tribunal is satisfied the individual is suitable to be a\nguardian for the adult.\n(2) In determining an individual's suitability to be a guardian for the\nadult, the Tribunal must take the following into account:\n(a) whether the individual is likely to comply with this Act;\n(b) the individual's ability to properly exercise the authority of a\nguardian;\n(c) the views and wishes of the adult;\n(d) the desirability of preserving any existing support network for\nthe adult;\n(e) the compatibility of the individual with:\n(i) the adult; and\n(ii) any other person also proposed to be appointed as a\nguardian for the adult; and\n(iii) any other agent for the adult;\n(f) the individual's availability and accessibility to the adult and to\nother interested persons for the adult;\n\nPart 2 Guardianship\nDivision 2 Appointment of guardian\nGuardianship of Adults Act 2016 13\n(g) whether the individual has, or has had, a professional\nrelationship with the adult, the nature of that relationship and\nwhether it is appropriate for an individual with that relationship\nto be the adult's guardian;\n(h) the extent to which the individual's interests are likely to\nconflict with the adult's interests;\n(i) the individual's history and experience as a guardian or in a\nsimilar role in the Territory or elsewhere;\n(j) if it is proposed that the individual will have authority for\nfinancial matters – the individual's bankruptcy history (if any);\n(k) the individual's criminal history (if any) in the Territory or\nelsewhere;\n(l) any other matter the Tribunal considers relevant.\nExamples for subsection (2)(g)\nA professional relationship with the adult may include being the adult's doctor or\nfinancial advisor, or the manager of the nursing home where the adult lives.\n16 Scope of authority\n(1) The Tribunal must specify in a guardianship order the personal\nmatters or financial matters, or both personal matters and financial\nmatters, for which the guardian has authority.\n(2) If 2 or more guardians are appointed, the Tribunal may specify\ndifferent matters for which different guardians have authority.\n17 Restrictions, requirements and directions\n(1) The Tribunal may do one or more of the following in a guardianship\norder, as the Tribunal considers appropriate:\n(a) impose restrictions on the guardian's authority;\n(b) impose requirements to be complied with by the guardian in\nrelation to the exercise of the guardian's authority;\n(c) give directions to the guardian about the exercise of the\nguardian's authority.\n(2) If 2 or more guardians are appointed, the Tribunal may make\ndifferent provision under subsection (1) for different guardians.\n\nPart 2 Guardianship\nDivision 2 Appointment of guardian\nGuardianship of Adults Act 2016 14\n18 Order if adult has advance personal plan or enduring power of\nattorney\n(1) This section applies if the adult who is the subject of an application\nfor a guardianship order has an advance personal plan or is the\ndonor of an enduring power of attorney.\n(2) The Tribunal must take the advance personal plan or enduring\npower of attorney into account in determining:\n(a) whether the adult is in need of a guardian; and\n(b) whether to make a guardianship order; and\n(c) if a guardianship order is to be made – the terms of the order.\n(3) The Tribunal must not make a guardianship order that confers on\nthe guardian authority for a matter for which a relevant agent has\nauthority.\nNote for subsection (3)\nIf a relevant agent has authority for a matter and the Tribunal considers the\nauthority ought to be conferred on a guardian, the advance personal plan or\nenduring power of attorney might be amended to limit the authority of the other\nagent. See section 61 of the Advance Personal Planning Act 2013 or section 15\nof the Powers of Attorney Act 1980.\n(4) In this section:\nrelevant agent means:\n(a) if the adult has an advance personal plan – an APP decision\nmaker appointed by the plan; or\n(b) if the adult is the donor of an enduring power of attorney – the\ndonee of the power.\n19 Reassessment and expiry dates\n(1) In a guardianship order, the Tribunal:\n(a) must specify a reassessment date for section 36; and\n(b) may specify an expiry date as mentioned in section 40(b)(i).\n(2) However, a reassessment date is not required if the order will\nexpire earlier than 1 year after it is made.\n\nPart 2 Guardianship\nDivision 2 Appointment of guardian\nGuardianship of Adults Act 2016 15\n20 When Tribunal may make interim guardianship order\n(1) This section applies if an application has been made for a\nguardianship order for an adult and the application has not yet been\ndetermined.\n(2) The Tribunal may make an interim guardianship order appointing a\nguardian for the adult pending determination of the application if the\nTribunal reasonably believes that the adult:\n(a) has impaired decision-making capacity; and\n(b) is in urgent need of a guardian for some or all of the matters\nmentioned in section 11(1)(b).\n(3) The Tribunal may appoint any of the following as a guardian for the\nadult:\n(a) the Public Guardian;\n(b) the Public Trustee, if the Public Trustee agrees to the\nappointment;\n(c) an individual who appears to the Tribunal, on the basis of the\ninformation then available to it, to be eligible under\nsection 15(1) for appointment.\n(4) The Tribunal must make an interim guardianship order on the terms\nthe Tribunal considers appropriate.\n(5) An interim guardianship order comes into force when it is made and\nremains in force until the first of the following occurs:\n(a) the order expires;\n(b) the order is revoked by the Tribunal;\n(c) the Tribunal decides the application for a guardianship order.\n(6) The Tribunal may vary or revoke an interim guardianship order as\nthe Tribunal considers appropriate.\n(7) An interim guardianship order expires 90 days after the order is\nmade but may be renewed once by the Tribunal for a period not\nexceeding 90 days.\n(8) Sections 19 and 36 to 40 do not apply in relation to an interim\nguardianship order.\n\nPart 2 Guardianship\nDivision 3 Authority of guardian\nGuardianship of Adults Act 2016 16\nDivision 3 Authority of guardian\n21 Authority of guardian\n(1) A guardian for an adult must:\n(a) make decisions in relation to the personal matters and\nfinancial matters for which the guardian has authority under\nthe guardianship order as and when such decisions are\nrequired; and\n(b) act as an advocate for the adult in relation to those matters.\n(2) For the purpose of doing so, the guardian is authorised to do\nanything on behalf of the adult that the adult could lawfully do if the\nadult had full legal capacity.\n(3) However, the guardian's authority is subject to this Act and the\nterms of the guardianship order.\n22 Exercise of authority by guardian\n(1) In exercising authority under this Act, a guardian must:\n(a) act in accordance with the guardianship principles; and\n(b) comply with:\n(i) the guardianship order; and\n(ii) any other order of the Tribunal; and\n(iii) this Act; and\n(c) cooperate with any other agents for the represented adult to\nenable them all to properly exercise their authority; and\n(d) act honestly and with care, skill and diligence.\n(2) Two or more guardians who are appointed jointly for a matter must\nexercise their authority unanimously.\nNote for section 22\nIf joint guardians are unable to reach a unanimous decision, they may seek\norders from the Tribunal under section 33(2)(b).\n23 Health care decisions\n(1) A guardian has authority to make health care decisions for the\nrepresented adult if the guardian has authority under the\nguardianship order for the health care decision.\n\nPart 2 Guardianship\nDivision 3 Authority of guardian\nGuardianship of Adults Act 2016 17\n(2) The authority of a guardian regarding a health care decision is\nsubject to:\n(a) the Advance Personal Planning Act 2013; and\n(b) the Health Care Decision Making Act 2023.\n24 Excluded matters\nA guardian is not authorised to do any of the following for the\nrepresented adult:\n(a) exercise the adult's right to vote in a Commonwealth, Territory\nor local government election or referendum;\n(b) make or give effect to a decision about:\n(i) the care and wellbeing of any child of the adult; or\n(ia) the adult entering into a surrogacy arrangement for\nwhich a parentage order may be made under the\nSurrogacy Act 2022; or\n(ii) the adoption of a child of the adult;\n(c) make a decision about the adult:\n(i) marrying or divorcing; or\n(ii) entering into or ending a de facto or sexual relationship;\n(d) make, vary or revoke any of the following for the adult:\n(i) a will;\n(ii) a power of attorney;\n(iii) an advance personal plan, or anything (by whatever\nname) having a similar effect in another jurisdiction;\n(e) exercise the adult's rights as an accused person in relation to\ncriminal investigations or criminal proceedings, including\nassessments and proceedings under Part 10 of the Mental\nHealth and Related Services Act 1998.\n25 Effect of exercise of authority by guardian\nAn act done or omission made by a guardian in the exercise of the\nguardian's authority has effect as if it were done or made by the\nrepresented adult and the adult had full legal capacity.\n\nPart 2 Guardianship\nDivision 4 Specific powers and duties\nGuardianship of Adults Act 2016 18\nDivision 4 Specific powers and duties\n26 Right to documents and information\n(1) A guardian has the same right to documents and information\n(including the represented adult's own documents and information)\nrelevant to the exercise of the guardian's authority as the\nrepresented adult would have if the adult had full legal capacity.\n(2) A person who has custody or control of a relevant document or\nrelevant information (an information holder) must give it to the\nguardian if requested by the guardian to do so, unless the\ninformation holder has a reasonable excuse not to do so.\n(3) If the information holder does not comply with the request, the\nTribunal may order the information holder to give the document or\ninformation to the guardian.\n(4) An information holder who gives a document or information under\nthis section in good faith is not civilly or criminally liable, or in\nbreach of any professional code of conduct, for doing so.\n27 Information and things may be given to guardian\n(1) This section applies if:\n(a) a person is required by a law of the Territory (the other law) to\ngive information or a thing to a represented adult; and\n(b) the information or thing relates to a matter for which a\nguardian has authority.\n(2) The person required to give the information or thing may give it to\nthe guardian instead of giving it to the represented adult.\n(3) A person who gives information or a thing to the guardian under this\nsection in good faith:\n(a) is taken to have complied with the requirement in the other law\nto give it to the represented adult; and\n(b) is not civilly or criminally liable, or in breach of any\nprofessional code of conduct, for giving it to the guardian.\n(4) This section does not apply in relation to a document that the other\nlaw requires to be personally served on the represented adult.\n\nPart 2 Guardianship\nDivision 4 Specific powers and duties\nGuardianship of Adults Act 2016 19\n28 Record keeping and reporting requirements\n(1) A guardian must:\n(a) keep the records in relation to the exercise of the guardian's\nauthority that it is reasonable in the circumstances to keep;\nand\n(b) comply with any record keeping and reporting requirements\nprescribed by regulation.\n(2) Without limiting what may be provided for in regulations, a\nregulation may provide for any of the following:\n(a) keeping of records;\n(b) preparation of annual or other reports;\n(c) auditing or other verification of records and reports;\n(d) the form of records and reports;\n(e) who must or may be given copies of, or access to, records or\nreports.\n29 Property to be managed as if trust property\n(1) A guardian who has authority for financial matters:\n(a) must deal with the represented adult's property as if it were\ntrust property held by the guardian on trust for the represented\nadult; and\n(b) in dealing with the property, is subject to the duties,\nobligations and limitations that apply under a law of the\nTerritory to a trustee dealing with trust property.\nNote for subsection (1)\nThis subsection does not constitute a trust or cause the property to vest in the\nguardian.\n(2) However, the guardian may deal with property otherwise than in\naccordance with subsection (1) if:\n(a) permitted to do so by a provision of this Act; or\n(b) authorised by the Tribunal to do so:\n(i) in the guardianship order; or\n(ii) by order under section 33(2)(c).\n\nPart 2 Guardianship\nDivision 4 Specific powers and duties\nGuardianship of Adults Act 2016 20\n(3) Subsection (1) does not prevent the continuation of joint ownership\nof property by the represented adult and the guardian (whether as\njoint tenants or tenants in common) if the joint ownership\ncommenced:\n(a) before the guardian was appointed; or\n(b) after the appointment but while the represented adult had\ndecision-making capacity for the matter.\n(4) Despite subsection (1)(b), section 24A of the Trustee Act 1969\ndoes not apply in relation to property that is being dealt with under\nthis section as if it were trust property.\n30 Gifts\n(1) A guardian who has authority for financial matters may make a gift\nfrom the represented adult's property if:\n(a) the gift is of a kind the represented adult:\n(i) made when the represented adult had decision-making\ncapacity; or\n(ii) might reasonably be expected to make; and\n(b) the value of the gift is reasonable in the circumstances.\n(2) However, the Tribunal may, in the guardianship order or by order\nunder section 33(2)(c):\n(a) restrict the guardian's authority to make gifts; or\n(b) authorise the guardian to make a gift not otherwise permitted\nby this section.\n(3) Despite subsection (1), the guardian must not make a gift from the\nrepresented adult's property to that guardian unless specifically\nauthorised to do so under subsection (2)(b).\n31 Maintenance of dependants\n(1) A guardian who has authority for financial matters may provide from\nthe represented adult's property for the needs of a dependant of the\nrepresented adult if:\n(a) the provision is of a kind the represented adult:\n(i) made when the represented adult had decision-making\ncapacity; or\n\nPart 2 Guardianship\nDivision 5 Orders about exercise of authority\nGuardianship of Adults Act 2016 21\n(ii) might reasonably be expected to make; and\n(b) the value of the provision is reasonable in the circumstances.\n(2) However, the Tribunal may, in the guardianship order or by order\nunder section 33(2)(c):\n(a) restrict the guardian's authority to provide for dependants; or\n(b) authorise the guardian to provide for the needs of a dependant\nin a way not otherwise permitted by subsection (1).\n32 Asset management planning\n(1) This section applies if:\n(a) a guardian, other than the Public Guardian or Public Trustee,\nhas authority for financial matters; and\n(b) the guardianship order or an order under section 33(2)(c)\nrequires the guardian to comply with this section.\n(2) The guardian must:\n(a) prepare an asset management plan in accordance with any\nrequirements prescribed by regulation; and\n(b) as far as reasonably practicable, manage the represented\nadult's property in accordance with that plan.\n(3) Without limiting the matters that may be provided for in regulations,\na regulation may provide for any of the following:\n(a) the form of an asset management plan, which may be in a\nform approved by the Tribunal or a specified person;\n(b) the matters to be dealt with by an asset management plan;\n(c) the requirement for an asset management plan to be\napproved by the Tribunal or a specified person;\n(d) the persons who must or may be given copies of the asset\nmanagement plan.\nDivision 5 Orders about exercise of authority\n33 Orders to guardians\n(1) The Tribunal may make orders as to the exercise by a guardian of\nthe guardian's authority.\n\nPart 2 Guardianship\nDivision 5 Orders about exercise of authority\nGuardianship of Adults Act 2016 22\n(2) Without limiting subsection (1), the Tribunal may make orders as\nfollows:\n(a) as to how the guardian may or must exercise the guardian's\nauthority, or the circumstances in which the guardian must not\nexercise the guardian's authority, so as to comply with\nsection 22(1);\n(b) if 2 or more guardians who are appointed jointly are unable to\nreach a unanimous decision as required by section 22(2) – to\nfacilitate the resolution of their differences;\n(c) as to the guardian's dealing with the represented adult's\nproperty, as mentioned in section 29(2)(b)(ii), 30(2), 31(2)\nor 32(1)(b);\n(d) approving reimbursement or remuneration for the guardian, as\nmentioned in section 47(2), 48(2) or 49(3);\n(e) if the represented adult has 2 or more agents – to facilitate a\nreasonable and workable division of decision-making authority\nbetween the agents.\n(3) The Tribunal may make an order as to the exercise of the\nguardian's authority generally or for a particular circumstance.\n(4) An application for an order under this section may be made by:\n(a) a guardian; or\n(b) the represented adult; or\n(c) an interested person for the represented adult.\n34 Orders to former guardian\n(1) This section applies if a person (the former guardian) has ceased\nto be a guardian for an adult.\n(2) The Tribunal may make the orders the Tribunal considers\nappropriate to provide for:\n(a) if the adult is still alive – the orderly transfer of\ndecision-making authority from the former guardian to the\nadult or to another agent for the adult (as appropriate); or\n(b) if the adult has died – the orderly transfer of the adult's estate\nto the executor or administrator of the estate.\n\nPart 2 Guardianship\nDivision 6 Orders about represented adult's compliance\nGuardianship of Adults Act 2016 23\nDivision 6 Orders about represented adult's compliance\n35 Represented adult to comply with guardian's decisions\n(1) The Tribunal may make an order that a guardian, or another\nspecified person, is authorised to take specified measures to\nensure the represented adult complies with the guardian's decisions\nin the exercise of the guardian's authority.\n(2) The Tribunal must conduct a reassessment of an order made under\nsubsection (1) as soon as is practicable after making the order but\nin any event within 42 days after making the order.\n(3) On completing the reassessment, the Tribunal must do one of the\nfollowing:\n(a) confirm the order;\n(b) vary the order;\n(c) revoke the order and make another in its place;\n(d) revoke the order.\n(4) The Tribunal may make an order under subsection (1), or confirm,\nvary or replace the order under subsection (3), only if satisfied that,\nhaving regard to the represented adult's best interests, authorising\nthe specified measures to be taken under the order is the only\nappropriate way to protect the adult from harm, neglect, abuse or\nexploitation.\n(5) The guardian or other person authorised by an order under this\nsection is not liable to any action for false imprisonment or assault,\nor any other action, liability, claim or demand arising out of taking a\nmeasure under the order, if the guardian or other person took that\nmeasure in the belief that:\n(a) having regard to the represented adult's best interests, there\nwas no other appropriate way to protect the adult from harm,\nneglect, abuse or exploitation; and\n(b) it was reasonable to take that measure in the circumstances.\n(6) An application for an order under this section may be made by:\n(a) a guardian; or\n(b) an interested person for the represented adult.\n\nPart 2 Guardianship\nDivision 7 Reassessment and variation of guardianship orders\nGuardianship of Adults Act 2016 24\nDivision 6A Certain orders taken to be instruments for Land\nTitle Act 2000\n35A Certain orders taken to be instruments for Land Title Act 2000\nIf a guardianship order confers on the guardian authority for\nfinancial matters, the order is taken to be an instrument for the Land\nTitle Act 2000.\nDivision 7 Reassessment and variation of guardianship\norders\n36 Guardianship order to be reassessed\n(1) The Tribunal must conduct a reassessment of a guardianship order\non, or as soon as practicable after, the reassessment date specified\nin the order.\n(2) The represented adult or an interested person for the represented\nadult may apply to the Tribunal for a reassessment of a\nguardianship order at any time.\n37 Matters to be considered on reassessment\n(1) On a reassessment of a guardianship order the Tribunal must\nconsider the following:\n(a) whether it is appropriate for the order to remain in force,\nhaving regard to the criteria mentioned in section 11;\n(b) whether any change should be made in the persons who are\nappointed by the order, having regard to sections 13 to 15;\n(c) whether any changes should be made to any other terms of\nthe order.\n(2) For subsection (1)(b), in determining whether a person remains\nsuitable as mentioned in section 15(1)(b), the Tribunal must take\ninto account the way in which the person has exercised authority as\na guardian, including whether the person has complied with\nsection 22(1), since the guardianship order was made or last\nreassessed.\n38 Outcome of reassessment\n(1) On completing a reassessment of a guardianship order, the\nTribunal must do one of the following:\n(a) confirm the order;\n\nPart 2 Guardianship\nDivision 8 Duration of orders and appointment\nGuardianship of Adults Act 2016 25\n(b) vary the order;\n(c) revoke the order and make another in its place;\n(d) revoke the order.\n(2) Despite section 40(b)(i), a guardianship order that reaches its\nexpiry date while being reassessed continues in force until the\nTribunal completes the reassessment and makes an order under\nsubsection (1).\n39 Variation or revocation of guardianship order\n(1) On application or on its own initiative, the Tribunal may vary a\nguardianship order as the Tribunal considers appropriate.\n(2) The Tribunal may revoke a guardianship order only after conducting\na reassessment in accordance with sections 36 to 38.\nDivision 8 Duration of orders and appointment\n40 Duration of guardianship order\nA guardianship order:\n(a) subject to section 12, comes into force when it is made; and\n(b) remains in force until the first of the following occurs:\n(i) if the order is expressed to expire on a specified date –\nthe order expires;\n(ii) the order is revoked by the Tribunal;\n(iii) the represented adult dies.\nNote for section 40\nIf a guardianship order is made under section 12 for a young person, the order\ndoes not come into force until the young person turns 18.\n41 When appointment of guardian ends\n(1) A person ceases to be a guardian if any of the following occurs:\n(a) the person dies;\n(b) the person resigns by giving written notice to the Tribunal;\n(c) if the appointment is expressed to be for a limited period – that\nperiod ends;\n\nPart 2 Guardianship\nDivision 8 Duration of orders and appointment\nGuardianship of Adults Act 2016 26\n(d) the guardianship order appointing the person:\n(i) ceases to be in force; or\n(ii) is varied so as to terminate the person's appointment;\n(e) the person's appointment is terminated under section 94.\n(2) If the Tribunal is given notice of a person's resignation under\nsubsection (1)(b), the Tribunal must give a copy of the notice to the\nPublic Guardian.\n42 Notification requirements\n(1) If a represented adult dies, a guardian must notify the following of\nthe death as soon as practicable after becoming aware of it:\n(a) the Tribunal;\n(b) the Public Guardian.\n(2) If a guardian dies, any other guardian for the represented adult\nmust notify the following of the death as soon as practicable after\nbecoming aware of it:\n(a) the Tribunal;\n(b) the Public Guardian.\n(3) Subsections (1)(b) and (2)(b) do not apply if the guardian giving the\nrelevant notification is the Public Guardian.\n43 Effect of appointment of joint guardians for matter ceasing\n(1) This section applies if:\n(a) 2 or more persons were jointly appointed as guardians for an\nadult with authority for a matter; and\n(b) one of them ceases to be a guardian under section 41(1)(a),\n(b) or (e).\n(2) If there were 2 jointly appointed guardians, the remaining person\nbecomes the sole guardian with authority for the matter.\n(3) If there were 3 or more jointly appointed guardians, the remaining\npersons continue as jointly appointed guardians with authority for\nthe matter.\n(4) The guardianship order is taken to have been varied accordingly.\n\nPart 2 Guardianship\nDivision 8 Duration of orders and appointment\nGuardianship of Adults Act 2016 27\n44 Effect of appointment of sole guardian for matter ceasing\n(1) This section applies if:\n(a) a person who was a guardian for an adult with authority for a\nmatter ceases to be a guardian under section 41(1)(a), (b)\nor (e); and\n(b) there is no other guardian with authority for the matter.\n(2) The Public Guardian becomes the guardian for the adult with\nauthority for the matter.\n(3) The guardianship order is taken to have been varied accordingly.\n45 Guardian temporarily unable to act\n(1) The Public Guardian becomes the guardian for an adult if:\n(a) a person who is the guardian for the adult with authority for a\nmatter becomes unable to act; and\n(b) there is no other guardian with authority for the matter who is\nable to act.\n(2) The Public Guardian remains the guardian until the person is again\nable to act.\n(3) The guardianship order is taken to have been varied accordingly.\n(4) A guardian must notify the Public Guardian:\n(a) before, or as soon as practicable after, becoming unable to\nact; and\n(b) as soon as practicable after again becoming able to act.\n(5) In this section:\nunable to act, for a guardian, means not reasonably able to\nexercise the guardian's authority due to illness, absence or any\nother cause.\n46 Registrar to update guardianship order\n(1) This section applies if a person ceases to be a guardian and the\nguardianship order remains in force.\n(2) The Registrar may update the order to reflect:\n(a) the fact that the person has ceased to be a guardian; and\n\nPart 2 Guardianship\nDivision 9 Reimbursement and remuneration\nGuardianship of Adults Act 2016 28\n(b) the effect of section 43 or 44 (as applicable).\n(3) An application for an order to be updated may be made by:\n(a) the former guardian; or\n(b) the represented adult; or\n(c) an interested person for the represented adult.\nDivision 9 Reimbursement and remuneration\n47 Reimbursement of expenses\n(1) A guardian is entitled to reimbursement from the represented adult,\nas approved by the Tribunal, for reasonable expenses incurred in\nexercising authority as guardian.\n(2) The Tribunal may give approval for reimbursement of expenses in\nthe guardianship order or by order under section 33(2)(d).\n(3) The Tribunal's approval may be given for a particular expense, for\nexpenses up to a specified amount, for expenses generally, or\notherwise as the Tribunal considers appropriate.\nNote for section 47\nThis section applies only to expenses incurred by the guardian in the person's\ncapacity as guardian. For reimbursement of expenses incurred in providing other\nservices, see section 49.\n48 Remuneration for professional guardian\n(1) A professional guardian is entitled to reasonable remuneration from\nthe represented adult as approved by the Tribunal.\n(2) The Tribunal may give approval for remuneration in the\nguardianship order or by order under section 33(2)(d).\n(3) This section does not affect any right of the Public Trustee to\nremuneration or commission under another Act.\n(4) In this section:\nprofessional guardian means one of the following:\n(a) the Public Trustee;\n(b) the Public Guardian;\n\nPart 2 Guardianship\nDivision 10 Miscellaneous matters about guardians\nGuardianship of Adults Act 2016 29\n(c) an individual who carries on the business of, or including,\nproviding services as a guardian.\nNote for section 48\nThis section applies only to remuneration for services provided by a professional\nguardian in the person's capacity as guardian. For remuneration for providing\nother services, see section 49.\n49 Reimbursement and remuneration for other services provided\nby guardian to represented adult\n(1) This section applies if a person who is exercising authority as a\nguardian also provides other services to the represented adult.\n(2) The person is not entitled to either of the following from the\nrepresented adult unless approved by the Tribunal:\n(a) reimbursement of expenses incurred in providing the other\nservices;\n(b) remuneration for providing the other services.\n(3) The Tribunal may give approval for reimbursement or remuneration\nin the guardianship order or by order under section 33(2)(d).\n(4) The Tribunal must not give approval unless satisfied that:\n(a) it is reasonable in the circumstances for the person who is the\nguardian to also provide the other services; and\n(b) the amount to be paid is reasonable.\n(5) In this section:\nprovide other services, to a represented adult, includes to act as\na carer for the represented adult.\nDivision 10 Miscellaneous matters about guardians\n50 Guardian unaware of extent of authority\n(1) This section applies if, under a guardianship order, a guardian is\nentitled to exercise authority for the represented adult in some\ncircumstances but not in other circumstances.\nExample for subsection (1)\nIf the represented adult's impaired decision-making capacity is due to an episodic\nillness, the guardian may have authority to act when the represented adult is ill\nbut not when the adult is well.\n\nPart 2 Guardianship\nDivision 10 Miscellaneous matters about guardians\nGuardianship of Adults Act 2016 30\n(2) If:\n(a) the guardian purports to exercise authority for the adult in\ngood faith and reasonably believing that circumstances exist\nthat entitle the guardian to do so; and\n(b) those circumstances do not exist;\nanything done by the guardian in the purported exercise of the\nauthority has effect, and the guardian is liable to the same extent,\nas if the circumstances existed.\n(3) If:\n(a) circumstances exist in which the guardian is entitled to\nexercise authority for the adult; and\n(b) the guardian is unaware, and could not reasonably have been\nexpected to be aware, of the existence of those\ncircumstances;\nthe guardian is not liable for a failure to exercise the authority.\n51 Protection for guardian in financial matters\nA guardian who has authority for financial matters is not civilly liable\nin relation to any contract entered into, or other act done or omitted\nto be done, in relation to a financial matter on behalf of the\nrepresented adult in good faith and within the scope of the\nguardian's authority.\n52 Tribunal unaware of advance personal plan or enduring power\nof attorney when making guardianship order\n(1) This section applies if at the time the Tribunal makes a\nguardianship order:\n(a) the represented adult has an advance personal plan or is the\ndonor of an enduring power of attorney; and\n(b) the Tribunal is unaware of the advance personal plan or\nenduring power of attorney.\n(2) The Tribunal's failure to apply section 18(2) or (3) in relation to the\nmaking of the guardianship order:\n(a) does not affect the validity of the order; and\n\nPart 3 Interstate orders\nDivision 2 Registration of interstate orders\nGuardianship of Adults Act 2016 31\n(b) does not affect the validity of, or the liability of the guardian\nfor, anything done by the guardian in the exercise of authority\nunder the order.\n(3) However, subsection (2)(b) does not apply if the guardian was\naware, when the thing was done by the guardian, that it was\nsomething that a relevant agent had authority to do.\n(4) As soon as practicable after becoming aware of the circumstances\nmentioned in subsection (1) in relation to a guardianship order, the\nguardian or Public Guardian must apply to the Tribunal for a\nreassessment of the guardianship order under section 36, unless\nanother person has already done so.\n(5) In this section:\nrelevant agent means:\n(a) if the represented adult has an advance personal plan – an\nAPP decision maker appointed by the plan; or\n(b) if the represented adult is the donor of an enduring power of\nattorney – the donee of the power.\nPart 3 Interstate orders\nDivision 1 Preliminary matters\n53 Definitions\nIn this Part:\ncorresponding law means a law of another jurisdiction that is\nprescribed by regulation to be a corresponding law.\ninterstate order means an order:\n(a) made under a corresponding law; and\n(b) of a kind prescribed by regulation to be an interstate order.\nregistered order means an interstate order that is registered under\nsection 54.\nDivision 2 Registration of interstate orders\n54 Tribunal may register interstate order\n(1) The Tribunal may register an interstate order.\n\nPart 3 Interstate orders\nDivision 2 Registration of interstate orders\nGuardianship of Adults Act 2016 32\n(2) The Tribunal may do so on application by:\n(a) the adult to whom the order relates; or\n(b) an interested person for that adult.\n(3) When registering an interstate order, the Tribunal may do either or\nboth of the following:\n(a) vary the order;\n(b) make an order under section 33 or 39.\n(4) The variation of an interstate order may consist of or include the\nappointment of a person in the Territory as an additional guardian\nfor the adult.\n55 Duration of registration\nAn interstate order:\n(a) becomes a registered order when it is registered under\nsection 54; and\n(b) ceases to be a registered order when the first of the following\noccurs:\n(i) it ceases to be in force in the jurisdiction in which it was\nmade;\n(ii) it ceases to be in force in the Territory under section 40.\n56 Effect of registered order\n(1) A registered order has effect in the Territory as if it were a\nguardianship order made under this Act.\n(2) However, a person (by whatever name called) appointed by a\nregistered order cannot do in the Territory anything that the person\ncould not do in the jurisdiction in which the order was made.\n(3) The regulations may limit, or impose conditions on the exercise of,\nthe authority of a person under a registered order.\n57 Application of Act to registered order\n(1) This Act applies in relation to a registered order as if it were a\nguardianship order made under this Act.\n(2) For section 36(1), the reassessment date for the registered order is\nthe date 1 year after the date on which it is registered.\n\nPart 4 Public Guardian\nDivision 1 Establishment and functions\nGuardianship of Adults Act 2016 33\n(3) Despite subsection (1):\n(a) the variation of a registered order under this Act has effect\nonly as the variation of the order in its application in the\nTerritory; and\n(b) the revocation of a registered order under this Act has effect\nonly as the revocation of the registration of the order.\n58 Notification of tribunal or other body in other jurisdiction\nThe Registrar must notify the court, tribunal, board or other body\nthat made an interstate order of any of the following:\n(a) the registration of the order under section 54;\n(b) any variation to the order in its application in the Territory;\n(c) the order ceasing to be in force in the Territory.\nDivision 3 Administrative matters\n59 Minister to make arrangements\nThe Minister may make an arrangement with the Minister of another\njurisdiction responsible for the administration of a corresponding\nlaw for the purpose of giving effect to this Part or equivalent\nprovisions of the corresponding law.\nPart 4 Public Guardian\nDivision 1 Establishment and functions\n60 Public Guardian\nThere is to be a Public Guardian.\n61 Functions\n(1) The Public Guardian has the following functions:\n(a) to be a guardian for an adult when appointed by a\nguardianship order or acting under section 44 or 45;\n(b) to obtain, and provide to the Tribunal, information relevant to\napplications made, or to be made, to the Tribunal under this\nAct;\n\nPart 4 Public Guardian\nDivision 1 Establishment and functions\nGuardianship of Adults Act 2016 34\n(c) to promote access to support services for adults with impaired\ndecision-making capacity and the guardians, families and\ncarers of those adults;\n(d) to provide advice and support to persons who are:\n(i) making, or proposing to make, applications for\nguardianship orders; or\n(ii) guardians;\n(e) to monitor, and investigate complaints about, the conduct of\nguardians;\n(f) to encourage the providers of support services to monitor and\nreview the delivery of those services;\n(g) to advocate for adults with impaired decision-making capacity\ngenerally, including by promoting understanding and\nawareness of relevant issues;\n(h) to provide, or encourage the provision of, education about\nrelevant issues;\n(i) to undertake, or encourage the undertaking of, research into\nrelevant issues;\n(j) to ensure compliance with, and prosecute offences against,\nthis Act;\n(k) to advise the Minister on relevant issues;\n(l) to perform any other functions conferred on the Public\nGuardian under this Act or any other Act.\n(2) In this section:\nrelevant issue means an issue relating to adults with impaired\ndecision-making capacity, including an issue relating to any of the\nfollowing:\n(a) the rights and interests of adults with impaired\ndecision-making capacity;\n(b) the role of the Public Guardian and Public Trustee in relation\nto adults with impaired decision-making capacity;\n(c) the role of guardians;\n(d) the role of family and the community in the support of adults\nwith impaired decision-making capacity;\n\nPart 4 Public Guardian\nDivision 2 Public Guardian's powers\nGuardianship of Adults Act 2016 35\n(e) support services;\n(f) the law relating to adults with impaired decision-making\ncapacity.\nsupport service means a service, facility or program for any of the\nfollowing:\n(a) adults with impaired decision-making capacity;\n(b) guardians;\n(c) families and carers of adults with impaired decision-making\ncapacity.\n62 Compliance with guardianship principles\nThe Public Guardian must act in accordance with the guardianship\nprinciples.\n63 Independence\n(1) The Public Guardian is not subject to direction in relation to the way\nin which the Public Guardian's functions are performed.\n(2) However, if the Public Guardian is a guardian for an adult, the\nPublic Guardian is, in that capacity, subject to the supervision and\ndirection of the Tribunal to the same extent as any other guardian.\nDivision 2 Public Guardian's powers\n64 General powers\nThe Public Guardian has the powers necessary to perform the\nPublic Guardian's functions.\n65 Information gathering power\n(1) This section applies if the Public Guardian reasonably believes that\na person (an information holder) has a document or information\nthat is relevant to the performance or exercise of the Public\nGuardian's functions or powers under this Act.\n(2) The Public Guardian may, by written notice, require the information\nholder to do one or both of the following:\n(a) give the document (or a copy of it) or information to the Public\nGuardian;\n(b) answer questions asked by the Public Guardian.\n\nPart 4 Public Guardian\nDivision 2 Public Guardian's powers\nGuardianship of Adults Act 2016 36\n(3) The information holder commits an offence if the information holder\ncontravenes the notice.\nMaximum penalty: 100 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\n(6) An information holder who gives a document or information under\nthis section in good faith is not civilly or criminally liable, or in\nbreach of any professional code of conduct, for doing so.\n66 Obtaining health assessment\n(1) This section applies if the Public Guardian reasonably believes that\na matter relating to the health of an adult is relevant to the\nperformance or exercise of the Public Guardian's functions or\npowers under this Act.\n(2) The Public Guardian may, by written notice, request the adult to\nobtain, and provide to the Public Guardian, a report on the matter\nfrom:\n(a) a health care provider chosen by the Public Guardian; or\n(b) an appropriate health care provider chosen by the adult.\n(3) If the Public Guardian is satisfied that it is reasonable in the\ncircumstances to do so, the Public Guardian may pay the\nreasonable expenses incurred by the adult in obtaining the report.\n67 Health assessment order\n(1) The Tribunal may, on application by the Public Guardian, make a\nhealth assessment order if satisfied that:\n(a) a matter relating to the health of an adult is relevant to the\nperformance or exercise of the Public Guardian's functions or\npowers under this Act; and\n(b) either:\n(i) a request made under section 66 has not been complied\nwith; or\n\nPart 4 Public Guardian\nDivision 3 Appointment provisions\nGuardianship of Adults Act 2016 37\n(ii) there are reasonable grounds for suspecting that:\n(A) the adult does not have capacity to consent to\nbeing examined by an appropriate health care\nprovider; and\n(B) there is no other person available who has\nauthority to give that consent.\n(2) A health assessment order is an order that:\n(a) requires the adult to submit to being examined by a health\ncare provider named in the order; and\n(b) authorises the health care provider to examine the adult,\n(whether or not the adult consents); and\n(c) requires the health care provider to prepare, and give to the\nPublic Guardian, a report about the matter mentioned in\nsubsection (1)(a).\n(3) The Tribunal may include in a health assessment order any\nancillary orders the Tribunal considers necessary:\n(a) to enable the health care provider to examine the adult and\nprepare the report; and\n(b) to provide for the payment of the health care provider's\nreasonable fees for examining the adult and preparing the\nreport.\n(4) The Public Guardian must give a copy of the report to the adult as\nsoon as practicable after the Public Guardian receives it.\nDivision 3 Appointment provisions\n68 Appointment of Public Guardian\n(1) The Administrator may, by Gazette notice, appoint a person to be\nthe Public Guardian.\n(2) The Administrator may do so only on the recommendation of the\nMinister.\n(3) The recommendation must be made on the basis that the person:\n(a) has qualifications or experience relating to the Public\nGuardian's functions; and\n\nPart 4 Public Guardian\nDivision 4 Administrative matters\nGuardianship of Adults Act 2016 38\n(b) is committed to advancing the interests of persons with\nimpaired decision-making capacity and promoting the\nguardianship principles.\n69 Term of appointment\nThe Public Guardian holds office for 5 years or a shorter period\nspecified in the appointment and is eligible for reappointment.\n70 Conditions of appointment\n(1) The Public Guardian holds office on the conditions (including\nremuneration, expenses and allowances) determined by the\nAdministrator.\n(2) The Minister may grant the Public Guardian leave of absence on\nthe conditions determined by the Minister.\n71 Resignation\nThe Public Guardian may resign from office by giving written notice\nto the Administrator.\nDivision 4 Administrative matters\n72 Delegation\nThe Public Guardian may, in writing, delegate any of the Public\nGuardian's functions or powers under this Act to a person.\n73 Staff and facilities for Public Guardian\n(1) The Chief Executive Officer must provide the Public Guardian with\nstaff and facilities to enable the Public Guardian to properly perform\nthe Public Guardian's functions.\n(2) A staff member provided to the Public Guardian under\nsubsection (1) is subject only to the direction of:\n(a) the Public Guardian; or\n(b) another such staff member.\n74 Annual report\n(1) The Public Guardian must prepare and give to the Minister a report\non the performance of the Public Guardian's functions during each\nfinancial year.\n\nPart 4 Public Guardian\nDivision 4 Administrative matters\nGuardianship of Adults Act 2016 39\n(2) The report must be given to the Minister by 31 October following\nthe end of the financial year.\n(3) The report must include the following:\n(a) the number of persons for whom the Public Guardian was a\nguardian during the year and any changes in that number from\nthe previous year;\n(b) details of the staff and facilities provided to the Public\nGuardian and their adequacy in relation to the performance of\nthe Public Guardian's functions;\n(c) any other matters the Public Guardian considers appropriate;\n(d) any matter required by the Minister to be included in the\nreport;\n(e) any matter required by regulation to be included in the report.\n(4) The report must not include the name of, or any information that\nmight identify, a represented adult or other person who has been\nthe subject of proceedings before the Tribunal in relation to a matter\nunder this Act.\n(5) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n75 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as the Public Guardian.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n\nPart 5 Civil and Administrative Tribunal\nDivision 3 General matters about proceedings\nGuardianship of Adults Act 2016 40\nPart 5 Civil and Administrative Tribunal\nDivision 1 Preliminary matters\n76 Definitions\nIn this Part:\nproceedings means proceedings before the Tribunal in relation to\na matter under this Act.\npublication includes broadcast and dissemination.\nTribunal Act means the Northern Territory Civil and Administrative\nTribunal Act 2014.\nDivision 2 Jurisdiction of Tribunal\n77 Jurisdiction of Tribunal\n(1) The Tribunal has jurisdiction to deal with matters under this Act.\n(2) The jurisdiction comes within the Tribunal's original jurisdiction.\n78 Tribunal to act in accordance with guardianship principles\nIn exercising its jurisdiction in relation to a matter under this Act, the\nTribunal must act in accordance with the guardianship principles.\nDivision 3 General matters about proceedings\n79 How proceedings to be commenced\n(1) Proceedings must be commenced by application made in\naccordance with the Tribunal Act.\n(2) Subsection (1) does not apply to proceedings relating to a\nreassessment of a guardianship order the Tribunal is required to\nconduct under section 36(1).\n(3) Unless another provision of this Act states otherwise, an application\nmay be made by:\n(a) the adult to whom the proceedings relate; or\n(b) an interested person for the adult.\n\nPart 5 Civil and Administrative Tribunal\nDivision 3 General matters about proceedings\nGuardianship of Adults Act 2016 41\n80 Proceedings not open to public\n(1) Despite section 60 of the Tribunal Act, proceedings are not open to\nthe public.\n(2) The publication of information about proceedings that identifies the\nadult to whom the proceedings relates or enables the identity of the\nadult to be ascertained is prohibited.\nNote for subsection (2)\nA person commits an offence against section 90 if the person publishes, without\nauthorisation under subsection (3), information mentioned in subsection (2).\n(3) However, the Tribunal may make an order authorising the\npublication of information that is otherwise prohibited under\nsubsection (2) if satisfied that publication:\n(a) is consistent with the guardianship principles; and\n(b) is in the public interest.\n(4) An application for the order may be made by any person who the\nTribunal is satisfied has a proper interest in the proceedings.\n81 Parties\n(1) In proceedings, in addition to the persons mentioned in section 127\nof the Tribunal Act, each of the following is a party:\n(a) the adult to whom the proceedings relate;\n(b) any guardian or proposed guardian for that adult;\n(c) the Public Guardian.\n(2) However, the Public Guardian is not a party to particular\nproceedings if:\n(a) the Public Guardian is not the applicant or a guardian or\nproposed guardian for the adult to whom the proceedings\nrelate; and\n(b) the Public Guardian informs the Tribunal in writing that the\nPublic Guardian does not wish to be a party to those\nproceedings.\n\nPart 5 Civil and Administrative Tribunal\nDivision 3 General matters about proceedings\nGuardianship of Adults Act 2016 42\n(3) Subsection (2) does not prevent the Tribunal from ordering the\nPublic Guardian to be joined as a party to proceedings under\nsection 128 of the Tribunal Act.\nNote for section 81\nUnder section 127(1)(a) of the Tribunal Act, the applicant is a party to\nproceedings. Under section 128 of that Act, the Tribunal may join any other\nperson as a party if the Tribunal considers it desirable for the person to be a\nparty.\n82 Representation\nWithout limiting section 130 of the Tribunal Act, the Public Guardian\nmay authorise a delegate or a member of the Public Guardian's\nstaff mentioned in section 73 to appear on behalf of the Public\nGuardian in proceedings to which the Public Guardian is a party.\n83 Public Guardian to ensure information is presented\nThe Tribunal may make an order that requires the Public Guardian\nto conduct an inquiry or investigation, or otherwise to take all\nreasonable steps, to ensure that any information relevant to any\nproceedings, as specified in the order, is presented to the Tribunal.\n84 Reasons may be given orally\n(1) Despite section 105(2) of the Tribunal Act, the Tribunal may give\nthe reasons for the decision in any proceedings and any relevant\nfindings of fact (the reasons) orally to the parties to the\nproceedings.\n(2) A party to the proceedings may apply to the Tribunal to give the\nreasons in writing, and the Tribunal must do so within 28 days after\nthe application is made.\n(3) A party to the proceedings who proposes to make an application\nunder subsection (2) must do so within 28 days after the reasons\nare given orally.\n(4) Section 105(4) of the Tribunal Act applies to the time limit\nmentioned in subsection (2).\n85 No fees\nNo application fees or other fees are payable in relation to\nproceedings.\n\nPart 6 Enforcement\nDivision 1 Offences\nGuardianship of Adults Act 2016 43\nPart 6 Enforcement\nDivision 1 Offences\n86 Falsely representing to be guardian\n(1) A person commits an offence if:\n(a) the person intentionally represents, by words or conduct, that\nthe person or another person:\n(i) is a guardian; or\n(ii) is a guardian with authority for a particular matter; and\n(b) the representation is false and the person has knowledge of\nthat circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally represents, by words or conduct, that\nthe person or another person:\n(i) is a guardian; or\n(ii) is a guardian with authority for a particular matter; and\n(b) the representation is false and the person has knowledge of\nthat circumstance; and\n(c) the person makes the representation with the intention of\nobtaining a benefit for the person or another person.\nMaximum penalty: Imprisonment for 7 years.\n87 Improper exercise of authority by guardian\n(1) A guardian commits an offence if:\n(a) the guardian intentionally engages in conduct in the exercise\nof the guardian's authority as a guardian; and\n(b) the conduct results in a contravention of section 22 and the\nguardian is reckless in relation to the result.\nMaximum penalty: Imprisonment for 5 years.\n\nPart 6 Enforcement\nDivision 1 Offences\nGuardianship of Adults Act 2016 44\n(2) A guardian commits an offence if:\n(a) the guardian intentionally engages in conduct in the exercise\nof the guardian's authority as a guardian; and\n(b) the conduct results in a contravention of section 22 and the\nguardian is reckless in relation to the result; and\n(c) the guardian engages in the conduct with the intention of\nobtaining a benefit for the guardian or another person.\nMaximum penalty: Imprisonment for 7 years.\n88 Inducing guardian to exercise authority improperly\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct induces a guardian to contravene section 22 and\nthe person has intention in relation to that result.\nMaximum penalty: Imprisonment for 5 years.\n(2) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct induces a guardian to contravene section 22 and\nthe person has intention in relation to that result; and\n(c) the person engages in the conduct with the intention of\nobtaining a benefit for the person or another person.\nMaximum penalty: Imprisonment for 7 years.\n89 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an official; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n\nPart 6 Enforcement\nDivision 1 Offences\nGuardianship of Adults Act 2016 45\n(d) the official is acting in an official capacity and the person has\nknowledge of that circumstance.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an official; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the official is acting in an official capacity and the person has\nknowledge of that circumstance.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the official's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe official the information necessary to remedy the misleading\naspect of the document.\n(5) In this section:\nacting in an official capacity, in relation to an official, means the\nofficial is exercising authority under, or otherwise related to the\nadministration of, this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nofficial means:\n(a) the Public Guardian, a delegate of the Public Guardian or a\nmember of the Public Guardian's staff under section 73; or\n(b) the Public Trustee, a delegate of the Public Trustee or a\nmember of the Public Trustee's staff.\n\nPart 6 Enforcement\nDivision 1 Offences\nGuardianship of Adults Act 2016 46\n90 Unauthorised publication of Tribunal proceedings\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in the publication of information about\nproceedings that identifies the adult to whom the proceedings\nrelates or enables the identity of the adult to be ascertained\nand the person is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Subsection (1) does not apply if the publication is authorised under\nsection 80(3).\n(3) In this section:\nproceedings means proceedings before the Tribunal in relation to\na matter under this Act.\npublication includes broadcast and dissemination.\n91 Unauthorised disclosure of confidential information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in the disclosure of the information and the\nperson is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n\nPart 6 Enforcement\nDivision 1 Offences\nGuardianship of Adults Act 2016 47\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n92 Transfer of authority or estate by former guardian\n(1) A person who ceases to be a guardian (a former guardian) for an\nadult must take all reasonable steps to provide for:\n(a) if the adult is still alive – the orderly transfer of\ndecision-making authority from the former guardian to the\nadult or to another agent for the adult (as appropriate); or\n(b) if the adult has died – the orderly transfer of the adult's estate\nto the executor or administrator of the estate.\n(2) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in a contravention of subsection (1)(a) or\n(b) and the person is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n93 Alternative verdicts\n(1) This section applies if, in a proceeding against a person charged\nwith an offence against a provision mentioned in the following Table\n(the prosecuted offence), the trier of fact:\n(a) is not satisfied beyond reasonable doubt that the person\ncommitted the prosecuted offence; but\n(b) is satisfied beyond reasonable doubt that the person\ncommitted the offence specified in the Table as the alternative\noffence for the prosecuted offence.\n\nPart 6 Enforcement\nDivision 2 Consequences of finding of guilt\nGuardianship of Adults Act 2016 48\n(2) The trier of fact may find the person not guilty of the prosecuted\noffence but guilty of the alternative offence.\nTable Alternative verdicts\nProsecuted offence Alternative offence\nsection 86(2) section 86(1)\nsection 87(2) section 87(1)\nsection 88(2) section 88(1)\nDivision 2 Consequences of finding of guilt\n94 Termination of appointment as guardian and disqualification\n(1) If a court finds a person guilty of an offence against this Act, the\nTribunal, in addition to any penalty imposed by the court on the\nperson, may make an order to do either or both of the following:\n(a) if the person is a guardian – terminate the person's\nappointment;\n(b) disqualify the person from being a guardian for the period\nspecified by the Tribunal.\n(2) A person who is disqualified under subsection (1)(b) cannot be\nappointed, or exercise authority, as a guardian during the period of\nthe disqualification.\n95 Payment of compensation for loss\n(1) This section applies if a person (the offender) is found guilty of an\noffence against section 86, 87 or 88.\n(2) If the court finding the offender guilty is satisfied that the conduct of\nthe offender in committing the offence caused loss to the\nrepresented adult, the court may make an order for the offender to\npay compensation for that loss to:\n(a) the represented adult; or\n(b) if the represented adult is dead – the adult's estate.\n(3) The standard of proof for a matter under this section is the balance\nof probabilities.\n\nPart 8 Repeal and transitional matters\nDivision 1 Repeal\nGuardianship of Adults Act 2016 49\n(4) This section does not affect any civil liability the offender may have\nin relation to the conduct constituting the offence, but any\ncompensation paid under this section must be taken into account in\nassessing damages in a later civil action.\n(5) In this section:\nrepresented adult, for an offence against section 86, includes a\nperson for whom the offender represented that the offender was a\nguardian.\nDivision 3 Legal proceedings\n96 Who may commence prosecution\nProceedings for an offence against this Act may be commenced\nonly by:\n(a) the Public Guardian; or\n(b) a person authorised by the Minister.\n97 Time for commencing prosecution\nProceedings for an offence against this Act, other than an indictable\noffence, must be commenced within 2 years after the date on which\nthe Public Guardian first became aware of the commission of the\noffence.\nPart 7 Miscellaneous matters\n98 Regulations\nThe Administrator may make regulations under this Act.\nPart 8 Repeal and transitional matters\nDivision 1 Repeal\n99 Act repealed\nThe Adult Guardianship Act 1988 (Act No. 45 of 1988) is repealed.\n\nPart 8 Repeal and transitional matters\nDivision 2 Transitional matters for Guardianship of Adults Act 2016\nGuardianship of Adults Act 2016 50\nDivision 2 Transitional matters for Guardianship of\nAdults Act 2016\n100 Definitions\nIn this Division:\ncommencement means the commencement of section 99.\nCourt means the Local Court.\nrepealed Act means the Adult Guardianship Act 1988 repealed by\nsection 99.\n101 Existing guardianship orders continue\n(1) On the commencement, an existing guardianship order becomes a\nguardianship order under this Act.\n(2) For section 21, the order is taken to confer on the guardian:\n(a) authority for the personal matters for which the person had\nauthority under the repealed Act; and\n(b) if the guardian was also the manager of the adult's estate\nunder an existing management order – authority for the\nfinancial matters for which the person had authority under the\nrepealed Act.\n(3) For section 36(1), the reassessment date for the order after the\ncommencement is:\n(a) if a review date is specified in the order – the review date; or\n(b) if not, 3 years after the commencement.\n(4) In this section:\nexisting guardianship order means an order under section 15 of\nthe repealed Act appointing a person as a guardian that is in force\nimmediately before the commencement.\nexisting management order means an order under\nsection 16(1)(a) of the repealed Act appointing a person to be the\nmanager of an adult's estate that is in force immediately before the\ncommencement.\n\nPart 8 Repeal and transitional matters\nDivision 2 Transitional matters for Guardianship of Adults Act 2016\nGuardianship of Adults Act 2016 51\n102 Pending applications for guardianship order\n(1) This section applies if, before the commencement:\n(a) an application was made under section 8 of the repealed Act\nfor the making of a guardianship order; and\n(b) the application was not finally determined by the Court.\n(2) The Court must deal with and determine the application under the\nrepealed Act as if this Act had not commenced.\n(3) If the Court determines the application by making a guardianship\norder:\n(a) the Court must specify in the order a reassessment date for\nthe purposes of section 36 (which must be not more than\n3 years after the order is made); and\n(b) section 101 (other than section 101(3)) applies in relation to\nthe order as if it were an existing guardianship order\nmentioned in that section.\n103 Pending reviews\n(1) This section applies if, before the commencement:\n(a) either:\n(i) an application was made under section 23 of the\nrepealed Act for the review of a guardianship order; or\n(ii) the Court, of its own volition, commenced a review of a\nguardianship order; and\n(b) the review was not finally determined by the Court.\n(2) The Court must complete the review and make any orders it\nconsiders appropriate under the repealed Act as if this Act had not\ncommenced.\n(3) If the Court makes a new guardianship order under the repealed\nAct, section 101 applies in relation to the order as if it were an\nexisting guardianship order mentioned in that section.\n(4) Any other order of the Court has effect as if it were an order made\nunder this Act by the Tribunal.\n\nPart 8 Repeal and transitional matters\nDivision 3 Transitional matters for Advance Personal Planning Amendment Act 2016\nGuardianship of Adults Act 2016 52\n104 Other applications\n(1) This section applies if, before the commencement:\n(a) an application was made under the repealed Act to vary or\nrevoke a guardianship order or an order under section 16 of\nthe repealed Act; and\n(b) the application was not finally determined by the Court.\n(2) The Court must deal with and determine the application under the\nrepealed Act as if this Act had not commenced.\n(3) Any order of the Court has effect as if it were an order made under\nthis Act by the Tribunal.\nDivision 3 Transitional matters for Advance Personal\nPlanning Amendment Act 2016\n104A Definitions\nIn this Division:\ncommencement means the commencement of the Advance\nPersonal Planning Amendment Act 2016.\nCourt means the Local Court.\nrepealed Act means the Aged and Infirm Persons' Property Act\nrepealed by section 28 of the Advance Personal Planning\nAmendment Act 2016.\n104B Existing protection orders continue\n(1) On the commencement:\n(a) an existing protection order becomes a guardianship order\nunder this Act; and\n(b) an existing protected person becomes a represented adult\nunder this Act; and\n(c) an existing manager becomes a guardian under this Act.\n(2) For section 21, the order is taken to confer on a person who\nbecomes a guardian under subsection (1)(c) authority for the\nmatters for which the person had authority as an existing manager\nunder the repealed Act.\n\nPart 8 Repeal and transitional matters\nDivision 3 Transitional matters for Advance Personal Planning Amendment Act 2016\nGuardianship of Adults Act 2016 53\n(3) For section 36(1), the reassessment date for the order is 1 year\nafter the commencement.\n(4) In this section:\nexisting manager means the person specified as the manager in\nan existing protection order.\nexisting protected person means the person in respect of whose\nestate an existing protection order is in force.\nexisting protection order means an order under section 11 of the\nrepealed Act that was in force immediately before the\ncommencement.\n104C Pending applications for protection order\n(1) This section applies if, before the commencement:\n(a) an application was made under section 7 of the repealed Act\nfor the making of a protection order; and\n(b) the application was not finally determined by the Court.\n(2) The Court must deal with and determine the application as if the\nrepealed Act had not been repealed.\n(3) If the Court makes a protection order, section 104B applies in\nrelation to the order as if the commencement were the day after the\norder is made.\n104D Other applications\n(1) This section applies if, before the commencement:\n(a) an application was made:\n(i) under section 7 of the repealed Act to vary or revoke a\nprotection order; or\n(ii) under section 29 or 29A of the repealed Act; and\n(b) the application was not finally determined by the Court.\n(2) The Court must deal with and determine the application as if the\nrepealed Act had not been repealed.\n(3) Any order made by the Court under this section has effect as if it\nwere an order made under this Act by the Tribunal.\n\nPart 8 Repeal and transitional matters\nDivision 4 Transitional matters for Health Care Decision Making Act 2023\nGuardianship of Adults Act 2016 54\nDivision 4 Transitional matters for Health Care Decision\nMaking Act 2023\n105 Consent decision about health care\nDespite the repeal of section 23 by the Health Care Decision\nMaking Act 2023, a consent decision about health care action made\nby a guardian under this Act that is in effect immediately before the\ncommencement of section 85 of the Health Care Decision Making\nAct 2023 continues to have effect in accordance with its terms after\nthat commencement.\n\nENDNOTES\nGuardianship of Adults Act 2016 55\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nAdvance Personal Planning Amendment Act 2016 (Act No. 13, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act\nNo. 15, 2016) and Gaz S74, 27 July 2016, p 1)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nSurrogacy Act 2022 (Act No. 8, 2022)\nAssent date 26 May 2022\nCommenced 20 December 2022 (Gaz S66, 20 December 2022)\nHealth Care Decision Making Act 2023 (Act No. 19, 2023)\nAssent date 17 August 2023\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 8, 18, 23, 24, 29, 35A,\n76 and 100.\n\nENDNOTES\nGuardianship of Adults Act 2016 56\n4 LIST OF AMENDMENTS\ns 3 amd No. 19, 2023, s 80\ns 4 amd No. 19, 2023, s 81\ns 5 amd No. 19, 2023, s 82\nss 5A – 5B ins No. 19, 2023, s 83\ns 8 rep No. 19, 2023, s 84\ns 23 amd No. 13, 2016, s 30\nsub No. 19, 2023, s 85\ns 24 amd No. 8, 2022, s 70\ns 44 amd No. 4, 2017, s 34\npt 2\ndiv 6A ins No. 13, 2016, s 31\ns 35A ins No. 13, 2016, s 31\npt 8 hdg amd No. 13, 2016, s 32\npt 8\ndiv 2 hdg amd No. 13, 2016, s 33\npt 8\ndiv 3 hdg ins No. 13, 2016, s 34\nss 104A –\n104D ins No. 13, 2016, s 34\npt 8\ndiv 4 hdg ins No. 19, 2023, s 85\ns 105 exp No. 15, 2016, s 118\nins No. 19, 2023, s 85\npt 9 hdg exp No. 15, 2016, s 118\npt 9\ndiv 1 hdg exp No. 15, 2016, s 118\nss 106 – 109 exp No. 15, 2016, s 118\npt 9\ndiv 2 hdg exp No. 15, 2016, s 118\nss 110 – 113 exp No. 15, 2016, s 118\npt 9\ndiv 3 hdg exp No. 15, 2016, s 118\nss 114 – 116 exp No. 15, 2016, s 118\npt 9\ndiv 4 hdg exp No. 15, 2016, s 118\ns 117 exp No. 15, 2016, s 118\npt 9\ndiv 5 hdg exp No. 15, 2016, s 118\ns 118 exp No. 15, 2016, s 118\nsch exp No. 15, 2016, s 118","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Act replaces the Adult Guardianship Act 1988 (s99) and introduces new institutional and procedural features not in the repealed Act: creation of the Public Guardian with explicit investigative and prosecutorial functions (ss60–67, 74–75), specific interaction and primacy rules with the Health Care Decision Making Act 2023 (s5B, s23(2)), provisions for registration of interstate orders (ss53–57), and expanded offences and enforcement pathways (ss86–97). Transitional provisions convert existing orders into the new framework and set reassessment timelines (Part 8 Divisions 2–4). These elements broaden the statutory architecture governing guardianship, the actors empowered to act, and the enforcement mechanisms compared with the previous Act (see s99 and Part 8)."},"complexity_factors":["Extensive cross-references to other legislation (Advance Personal Planning Act 2013, Health Care Decision Making Act 2023, Powers of Attorney Act 1980, Trustee Act 1969, Land Title Act 2000) (see s5B, s18, s29, s35A)","Multiple decision-makers and actors (Tribunal, Public Guardian, Public Trustee, private guardians, interested persons) with overlapping authorities (ss11, 13, 60, 77)","Broad Tribunal discretion to tailor orders, impose restrictions, approve remuneration and vary interstate orders (ss11(3), 17, 33, 47–49, 54(3))","Functional and evidentiary capacity assessments that can vary by matter and over time (s5A(5)–(6)) and reliance on the subjective/objective ‘reasonably believes’ standard (s6)","Detailed procedural and administrative regimes (interim orders, reassessment cycles, private proceedings, record-keeping requirements and asset management plans) (ss19–20, 28, 32, 36–38, 79–85)","Criminal offences with a range of penalties and consequential civil remedies (ss86–95) requiring alignment between criminal, administrative and civil processes","Transitional and interstate registration provisions that preserve and alter existing orders and require coordination across jurisdictions (Part 3; Part 8 Divs 2–4)"],"plain_english_summary":"What this law does (mechanically)\n\n- Establishes a legal framework for appointing and supervising guardians for adults who have impaired decision-making capacity (see s11 for appointment criteria and s21 for guardian duties).  Applications can be made by the adult or an interested person (s10). The Tribunal makes orders, sets their terms and reassessment/expiry dates, and may impose restrictions or directions on guardians (ss11, 17, 19, 33).\n\n- Sets the standard the Tribunal and other decision makers must follow (the guardianship principles). Those require acting in the adult's best interests, seeking the adult's views where practicable, using the least restrictive option, and giving weight to a range of considerations such as dignity, independence and protection from harm (s4).\n\n- Defines impaired decision-making capacity and presumes capacity until shown otherwise. The law lists the functional elements relevant to capacity (understanding, weighing, communicating and appreciating effects) and clarifies what does not by itself count as impairment (s5, s5A).\n\n- Limits what guardians may do. Guardians exercise the legal powers the Tribunal specifies for personal and/or financial matters, but cannot do certain things (for example, make wills or change the adult's right to vote, or act in criminal proceedings for the adult) (ss16, 24). Health-care decision-making by guardians is expressly subject to the Advance Personal Planning Act 2013 and the Health Care Decision Making Act 2023 (s23, s5B).\n\n- Provides specific duties and powers for guardians: they may act as if the adult had full legal capacity within the scope of their authority (s21, s25); they have rights to relevant documents and information (s26–27); financial management must be treated as if dealing with trust property (s29); and the Tribunal can require record‑keeping, asset management plans and approve any reimbursement or remuneration (ss28, 32, 47–49).\n\n- Creates interim and reassessment procedures. Interim guardianship orders can be made pending final determination and are time-limited (s20). All guardianship orders must be reassessed on dates set by the Tribunal or on application (ss19, 36–38). Orders can be varied or revoked after reassessment (s39).\n\n- Establishes the Public Guardian with investigative, advocacy, monitoring and prosecutorial functions, plus powers to gather information and, with Tribunal approval, obtain health assessments (ss60–67). The Public Guardian is independent in how functions are performed but is subject to Tribunal supervision when acting as a guardian (ss62–63).\n\n- Gives the Tribunal procedural rules: proceedings are private, no fees apply, particular parties must be joined, and oral reasons may be given (ss79–85, 80, 85). The Tribunal must act in accordance with the guardianship principles (s78).\n\n- Sets criminal offences and penalties for misconduct and harmful acts (false representation as guardian, improper exercise of authority, inducing improper exercise, misleading officials, unauthorised publication or disclosure, failure to transfer authority on cessation) and provides for consequences including termination, disqualification and compensation (ss86–95). Prosecutions may be commenced only by the Public Guardian or a Minister-authorised person (ss96–97).\n\n- Provides for recognition and registration of interstate guardianship orders and how those operate in the Territory (Part 3, ss53–59).\n\n- Repeals the prior Adult Guardianship Act 1988 and includes transitional arrangements for existing orders and pending matters (s99 and Part 8 Divisions 2–4).\n\nWho is affected\n\n- Adults with impaired decision-making capacity (the represented adults) and people close to them (relatives, carers, other interested persons) who can apply or be affected by guardianship orders (s3, s10).\n- Proposed or appointed guardians (private individuals, the Public Guardian, the Public Trustee or professional guardians) who will exercise authority, keep records and may seek Tribunal approval for reimbursement or remuneration (ss13, 21, 28, 47–49).\n- Agencies and information holders who must provide documents and information to guardians or the Public Guardian on request, subject to limited exceptions (ss26–27, 65).\n- Health care providers because health-care decisions and health assessments intersect with other Acts and standards (s23, s5B, s6(3)).\n- The Tribunal and the Public Guardian, who make, vary and police orders and may commence prosecutions (ss60–67, 77, 96).\n\nWhy it matters — practical incentives, costs and implementation mechanics\n\n- Who decides and who pays: the Tribunal decides whether to appoint a guardian and what authority to give (s11, s16). Represented adults remain the source of funds for reimbursement or remuneration of guardians unless the Tribunal approves otherwise; the Tribunal must approve amounts and reasonableness is required for extra services (ss47–49). The Public Guardian may fund reasonable expenses for obtaining health reports in some cases (s66(3)).\n\n- Compliance burdens and administrative costs: guardians must keep records and comply with any regulatory reporting or asset management plan orders (ss28, 32). Information holders must supply documents or face Tribunal directions; under Public Guardian notices non-compliance can attract criminal penalties (s26, s65). The Tribunal has broad powers to specify forms of compliance (s33).\n\n- Discretion and delegated power: the Tribunal has wide discretion to set the scope, restrictions and duration of guardianship, and to approve remuneration and other arrangements (ss11(3), 17, 33, 47–49). The Public Guardian may delegate functions and has investigatory powers backed by penalty (ss64, 72, 65(3)). Those discretionary powers concentrate operational choice in the Tribunal and Public Guardian, while leaving factual capacity assessments to the decision-making process (ss4, 5A, 6).\n\n- Interaction with private arrangements and substitution effects: the Act requires the Tribunal to take existing advance personal plans and enduring powers of attorney into account and not to duplicate authority already held by an agent (s18). That creates an explicit rule to respect prior private decision‑making instruments, while allowing the Tribunal to vary arrangements in particular circumstances (s18(3) and note). If no eligible private guardian exists, the Public Guardian or Public Trustee may be appointed (s13).\n\n- Risks of role conflict and oversight: the Act allows guardians to also provide other services to the adult but requires Tribunal approval and a reasonableness check to avoid conflicts or excessive payment (s49(2)–(4)). Professional guardians (including the Public Trustee and Public Guardian) may be remunerated, but remuneration must be approved and reasonable (s48).\n\n- Safeguards and enforcement: the Act sets criminal penalties (including imprisonment up to 7 years for serious abuses) for intentional or reckless misconduct by guardians or those who induce them, and allows courts to order termination, disqualification and compensation for loss (ss86–95). Proceedings are private, limiting public disclosure unless the Tribunal authorises publication (ss80, 90).\n\n- Implementation challenges and discretionary judgments: determining impaired capacity is a functional, fact‑based inquiry (s5A) and the Act builds in flexibility for episodic or variable capacity (s5A(5)–(6); example in s50). The standard “reasonably believes” governs many decisions and is subject to objective assessment (s6). These elements require medical, social and legal evidence and create implementation risk around assessments, timing of interim orders, and balancing least restrictive intervention versus protection (ss6, 20, 4).\n\nConcrete trade-offs and opportunity costs (source‑grounded)\n\n- Concentrated vs diffuse impacts: concentrated benefits accrue to appointed guardians (reimbursement and potential remuneration — ss47–49) and to the Public Guardian (role, staff, functions — ss60–75). Costs and restrictions — loss of decision autonomy, reporting, and potential financial burdens for guardianship administration — are borne by represented adults and their estates.\n\n- Risk of substitution and duplication: the Tribunal must avoid granting authority where an existing agent already has it (s18(3)), but where private agents are absent the Public Guardian or Trustee may be appointed (s13). This shifts decision-making from private parties to public officeholders in certain cases (s13, s44).\n\n- Administrative discretion vs oversight: the Act vests substantial discretionary power in the Tribunal (orders, reassessments, approvals — ss33, 36–39) and in the Public Guardian (information gathering, investigations — s65). Those powers are accompanied by duties to act under the guardianship principles (s4, s62) and statutory safeguards (offences, reassessments and record-keeping — ss86–95, 28, 36).\n\nKey cross-references and limits\n\n- Health‑care decisions: the Act defers to and must be read consistently with the Health Care Decision Making Act 2023 for health-care decision-making (s5B, s23(2)).\n- Existing instruments: advance personal plans and enduring powers of attorney must be taken into account in Tribunal decisions and the Tribunal must not duplicate an agent's authority (s18).\n- Property treatment: where a guardian has authority for financial matters, the adult's property is to be managed as if it were trust property, subject to trustee duties (s29).\n\nPrimary statutory citations: ss3–7, 10–13, 16–20, 21–29, 32–39, 44–49, 60–75, 77–85, 86–97, 99–105."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2016 scope through amendments. The 2023 amendments to accommodate the *Health Care Decision Making Act 2023* fundamentally altered the Act's relationship with health care decisions—originally a core function, now explicitly subordinated to a separate statutory regime (section 5B). Additionally, the 2016 amendments from the *Advance Personal Planning Amendment Act* introduced complex transitional arrangements for protection orders under the repealed *Aged and Infirm Persons' Property Act*, and the 2022 *Surrogacy Act* amendment added surrogacy arrangements to excluded matters. The Act has evolved from a standalone guardianship regime into a coordinating statute that manages interfaces between multiple capacity and decision-making frameworks."},"complexity_factors":["Multiple overlapping legislative schemes: The Act operates alongside the *Advance Personal Planning Act 2013*, *Powers of Attorney Act 1980*, and *Health Care Decision Making Act 2023*, with explicit subordination clauses (e.g., section 5B stating the 2023 Act prevails over inconsistent provisions).","Extensive cross-referencing: Heavy reliance on definitions and concepts from other Acts (e.g., 'health care' and 'health care decision' defined by reference to the *Health Care Decision Making Act 2023*; 'APP decision maker' from the *Advance Personal Planning Act 2013*).","Conditional and hierarchical appointment rules: Complex eligibility criteria for guardians (section 15) with specific priority rules (individuals preferred over Public Guardian, who is preferred over Public Trustee) and different rules for interim orders.","Nested exceptions and limitations: Section 24 lists specific excluded matters where guardians cannot act (voting, marriage, wills, criminal proceedings), creating exceptions to the general authority granted in section 21.","Dual pathways for health decisions: Section 23 establishes guardian authority for health care but immediately subjects it to two other Acts, creating a three-layer regulatory framework for medical consent.","Transitional provisions spanning multiple repealed Acts: Part 8 contains four separate transitional divisions dealing with the *Adult Guardianship Act 1988*, *Aged and Infirm Persons' Property Act*, and *Health Care Decision Making Act 2023*, with different treatment for existing orders, pending applications, and reviews.","Interaction between joint and several appointments: Sections 14, 22(2), 43, and 44 create a complex matrix for how authority is exercised when multiple guardians are appointed and when one ceases to act."],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law for appointing guardians to make decisions for adults who can't make decisions for themselves. It sets up a system where the Civil and Administrative Tribunal can appoint someone (called a 'guardian') to manage personal and/or financial matters for an adult with 'impaired decision-making capacity'.\n\n**Who it affects:**\n\n*   **Adults with impaired decision-making capacity** – people who, due to disability, illness, or other conditions, cannot understand, retain, or weigh up information needed to make decisions, or communicate their decisions.\n*   **Family members and carers** – they can apply to become guardians or be involved in Tribunal proceedings.\n*   **The Public Guardian** – an independent official who acts as guardian when no suitable private person is available, and who monitors guardians and investigates complaints.\n*   **Health care providers** – they must interact with guardians regarding health decisions, though health care decisions are primarily governed by a separate Act (the *Health Care Decision Making Act 2023*).\n\n**Key features:**\n\n*   **Guardianship principles:** All decisions must be in the adult's 'best interests', using the 'least restrictive' approach possible, and preserving the adult's freedom and dignity. The law specifically says that having a disability, making unpopular decisions, or needing support to communicate does **not** automatically mean someone lacks capacity.\n*   **Types of matters:** Guardians can be appointed for 'personal matters' (accommodation, health care, lifestyle) and/or 'financial matters' (property, banking, investments).\n*   **Tribunal oversight:** The Civil and Administrative Tribunal makes all appointments, sets reassessment dates (at least every 3 years), and can vary or revoke orders. Proceedings are private and free.\n*   **Interstate recognition:** Guardianship orders from other Australian states/territories can be registered and enforced in the NT.\n*   **Offences:** The Act creates criminal offences for falsely claiming to be a guardian, improperly exercising authority, or misusing confidential information.\n\n**Why it matters:**\n\nThis law protects vulnerable adults from abuse, neglect, and exploitation while ensuring their rights and preferences are respected. It provides a legal framework for families to help loved ones who cannot manage their own affairs, with built-in safeguards and independent oversight by the Public Guardian and the Tribunal."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-of-adults-act-2016","history":"/api/acts/guardianship-of-adults-act-2016/history","analysis":"/api/acts/guardianship-of-adults-act-2016/analysis","conflicts":"/api/acts/guardianship-of-adults-act-2016/conflicts","importantCases":"/api/acts/guardianship-of-adults-act-2016/important-cases","documents":"/api/acts/guardianship-of-adults-act-2016/documents"}}