{"id":"nsw:sl-2026-0437","name":"Guardianship Regulation 2026","slug":"guardianship-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"437 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":578802,"registerId":"nsw-nsw:sl-2026-0437-current","compilationNumber":null,"startDate":"2026-08-31","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Guardianship Regulation 2026](/view/html/inforce/current/sl-2026-0437).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences as follows—\n> \n> > (a) for Schedule 2—on 5 November 2026,\n> \n> > (b) otherwise—on 1 September 2026.\n> \n> Note—\n> \n> This regulation replaces the [Guardianship Regulation 2016](/view/html/repealed/current/sl-2016-0556), which is repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> Form means a form set out in Schedule 1.\n> \n> restricted substance means a substance included in the Poisons List, Schedule 4 under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031).\n> \n> the Act means the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Enduring guardians","content":"# Part 2 Enduring guardians\n\nPart 2 Enduring guardians","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Eligible witnesses","content":"#### 4 Eligible witnesses\n\n4 Eligible witnesses\n\n> > (1) For the Act, section 5, definition of eligible witness, paragraph (a)(iv), the following classes of person are prescribed—\n> > \n> > > (a) a foreign lawyer within the meaning of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a),\n> > \n> > > (b) a person—\n> > > \n> > > > (i) who is a member of staff of the NSW Trustee and Guardian, and\n> > > \n> > > > (ii) who has completed an approved course of study, and\n> > > \n> > > > (iii) who has been approved by the Chief Executive Officer of the NSW Trustee and Guardian for this paragraph.\n> \n> > (2) In this section—\n> > \n> > approved course of study means a course of study approved by the Minister by order published in the Gazette.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Appointment of enduring guardian","content":"#### 5 Appointment of enduring guardian\n\n5 Appointment of enduring guardian\n\n> For the Act, section 6C(1)(a), Form 1 is the prescribed form.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Revocation of appointment of enduring guardian","content":"#### 6 Revocation of appointment of enduring guardian\n\n6 Revocation of appointment of enduring guardian\n\n> For the Act, section 6H(2)(b), Form 2 is the prescribed form.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Resignation of appointment as enduring guardian","content":"#### 7 Resignation of appointment as enduring guardian\n\n7 Resignation of appointment as enduring guardian\n\n> For the Act, section 6HB(2)(a), Form 3 is the prescribed form.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Interstate enduring guardians","content":"#### 8 Interstate enduring guardians\n\n8 Interstate enduring guardians\n\n> For the Act, section 6O(5), definition of interstate enduring guardian, the following instruments are prescribed—\n> \n> > (a) an enduring power of attorney made under the Powers of Attorney Act 2006 of the Australian Capital Territory,\n> \n> > (b) an advance personal plan made under the Advance Personal Planning Act 2013 of the Northern Territory, Part 2,\n> \n> > (c) an enduring power of attorney made under the Powers of Attorney Act 1980 of the Northern Territory, Part III,\n> \n> > (d) an enduring power of attorney or an advance health directive made under the Powers of Attorney Act 1998 of Queensland, Chapter 3,\n> \n> > (e) an advance care directive made under the Advance Care Directives Act 2013 of South Australia, Part 3,\n> \n> > (f) an instrument of appointment of an enduring guardian made under the Guardianship and Administration Act 1995 of Tasmania, Part 5,\n> \n> > (g) an enduring power of attorney made under the Powers of Attorney Act 2014 of Victoria, Part 3,\n> \n> > (h) the appointment of an appointed medical treatment decision maker made under the Medical Treatment Planning and Decisions Act 2016 of Victoria, Part 3,\n> \n> > (i) an instrument of appointment of an enduring guardian made under the Guardianship and Administration Act 1990 of Western Australia, Part 9A,\n> \n> > (j) an instrument of a similar nature to an instrument specified in paragraphs (a)–(i) made before the provisions in the relevant paragraph came into force that—\n> > \n> > > (i) is taken to be made under the provisions, or\n> > \n> > > (ii) otherwise remains in force by a savings or transitional provision made for the provisions.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Medical and dental treatment","content":"# Part 3 Medical and dental treatment\n\nPart 3 Medical and dental treatment","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Special medical treatment","content":"#### 9 Special medical treatment\n\n9 Special medical treatment\n\n> For the Act, section 33(1), definition of special treatment, paragraph (c), the following medical treatment is declared to be special treatment—\n> \n> > (a) treatment carried out for the purpose of terminating pregnancy,\n> \n> > (b) treatment in the nature of a vasectomy or tubal occlusion,\n> \n> > (c) treatment involving the use of an aversive stimulus including mechanical, chemical and physical stimuli.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Major medical treatment","content":"#### 10 Major medical treatment\n\n10 Major medical treatment\n\n> > (1) For the Act, section 33(1), definition of major treatment, the following medical treatment, not including special treatment, is declared to be major treatment—\n> > \n> > > (a) treatment involving the administration of a long-acting injectable hormonal substance for the purpose of contraception or menstrual regulation,\n> > > \n> > > Example—\n> > > \n> > > medroxyprogesterone acetate, in suspension, commonly known as Depo-Provera\n> > \n> > > (b) treatment involving the administration of a drug of addiction,\n> > \n> > > (c) treatment involving the administration of a general anaesthetic,\n> > \n> > > (d) treatment involving the administration of sedation, but not treatment involving—\n> > > \n> > > > (i) sedation used to facilitate the management of fractured or dislocated limbs, or\n> > > \n> > > > (ii) sedation used to facilitate the insertion of an endoscope into a patient’s body for diagnostic purposes, unless the endoscope is inserted through a breach or incision in the skin or a mucous membrane,\n> > \n> > > (e) treatment used to eliminate menstruation,\n> > \n> > > (f) treatment involving the administration of a restricted substance to affect the central nervous system, but not a treatment—\n> > > \n> > > > (i) involving a substance intended to be used for analgesic, antipyretic, antiparkinsonian, anticonvulsant, antiemetic, antinauseant or antihistaminic purposes, or\n> > > \n> > > > (ii) that will be given only once, or\n> > > \n> > > > (iii) that is a PRN treatment given—\n> > > > \n> > > > > (A) when required, and\n> > > > \n> > > > > (B) no more than 3 times a month, or\n> > > \n> > > > (iv) given for sedation in minor medical procedures,\n> > \n> > > (g) treatment involving a substantial risk to the patient, being a risk that amounts to more than a mere possibility of—\n> > > \n> > > > (i) death, or\n> > > \n> > > > (ii) brain damage, or\n> > > \n> > > > (iii) paralysis, or\n> > > \n> > > > (iv) permanent loss of function of an organ or limb, or\n> > > \n> > > > (v) permanent and disfiguring scarring, or\n> > > \n> > > > (vi) exacerbation of the condition being treated, or\n> > > \n> > > > (vii) an unusually prolonged period of recovery, or\n> > > \n> > > > (viii) a detrimental change of personality, or\n> > > \n> > > > (ix) a high level of pain or stress.\n> \n> > (2) In this section—\n> > \n> > drug of addiction means a substance included in the Poisons List, Schedule 8 under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Major dental treatment","content":"#### 11 Major dental treatment\n\n11 Major dental treatment\n\n> > (1) For the Act, section 33(1), definition of major treatment, the following dental treatment is declared to be major treatment—\n> > \n> > > (a) treatment involving the administration of a general anaesthetic or simple sedation,\n> > \n> > > (b) treatment intended, or likely, to result in the removal of all teeth,\n> > \n> > > (c) treatment likely to result in the patient’s ability to chew food being significantly impaired for a prolonged or indefinite period.\n> \n> > (2) In this section—\n> > \n> > simple sedation means a technique in which the use of a drug or drugs produces a state of depression of the central nervous system and in which—\n> > \n> > > (a) verbal contact with the patient is maintained throughout the period of sedation, and\n> > \n> > > (b) the technique used has a margin of safety wide enough to render unintended loss of consciousness unlikely.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Requests for consent to medical or dental treatment","content":"#### 12 Requests for consent to medical or dental treatment\n\n12 Requests for consent to medical or dental treatment\n\n> > (1) For the Act, section 40(4)(a), a request for consent must be written for the carrying out of—\n> > \n> > > (a) minor medical or dental treatment, and\n> > \n> > > (b) major medical or dental treatment.\n> \n> > (2) Despite subsection (1)(a), the request may be oral if—\n> > \n> > > (a) it is not practicable to make a written request, or\n> > \n> > > (b) the person whose consent is sought does not require a written request.\n> \n> > (3) Despite subsection (1)(b), the request may be oral if it is not practicable to make a written request because treatment must be provided quickly.\n> \n> > (4) A person who requests consent referred to in this section must give written confirmation of the request to the person whose consent is sought if the request was made orally and—\n> > \n> > > (a) the consent relates to the carrying out of major treatment, or\n> > \n> > > (b) the person whose consent is sought requires written confirmation.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Consent to medical or dental treatment","content":"#### 13 Consent to medical or dental treatment\n\n13 Consent to medical or dental treatment\n\n> > (1) For the Act, section 40(4)(b), consent to the carrying out of minor medical or dental treatment must be written.\n> \n> > (2) Despite subsection (1), the consent may be oral if—\n> > \n> > > (a) it is not practicable to give written consent, or\n> > \n> > > (b) the person who is carrying out the treatment does not require written consent.\n> \n> > (3) For the Act, section 40(4)(b), consent to the carrying out of major medical or dental treatment must be written.\n> \n> > (4) Despite subsection (3), the consent may be oral if it is not practicable to give written consent because treatment must be provided quickly.\n> \n> > (5) A person who gives oral consent as referred to in this section must give written confirmation of the consent to the person who requested the consent if—\n> > \n> > > (a) the consent relates to the carrying out of major treatment, or\n> > \n> > > (b) the person who requested consent requires written confirmation.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Experimental special medical treatment to which Tribunal may consent","content":"#### 14 Experimental special medical treatment to which Tribunal may consent\n\n14 Experimental special medical treatment to which Tribunal may consent\n\n> For the Act, section 45(3)(b), the following medical treatment is prescribed special treatment—\n> \n> > (a) treatment involving the administration to a patient of one or more restricted substances to affect the central nervous system of the patient, but only if the following are outside the accepted mode of treatment for a patient of that kind—\n> > \n> > > (i) the dosage levels, combinations or number of restricted substances used,\n> > \n> > > (ii) the duration of the treatment,\n> \n> > (b) treatment involving the use of androgen-reducing medication for behavioural control.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Clinical records","content":"#### 15 Clinical records\n\n15 Clinical records\n\n> > (1) For the Act, section 48, a person who carries out medical or dental treatment following consent given under the Act, Part 5 must—\n> > \n> > > (a) keep a written record of—\n> > > \n> > > > (i) the name and address of the person who gave the consent, and\n> > > \n> > > > (ii) the date on which the consent was given, and\n> > > \n> > > > (iii) the conditions, if any, on which the consent was given, and\n> > > \n> > > > (iv) the nature of the treatment carried out, and\n> > \n> > > (b) if the consent is written—keep a copy of the consent together with the written record.\n> \n> > (2) A person who keeps a record under subsection (1) must allow the record, and copies of the consent kept with the record, to be inspected at a reasonable time by an authorised officer.\n> \n> > (3) Nothing in this section requires a person to keep a record of medical or dental treatment carried out by the person for a period of more than 7 years after the date on which the treatment is carried out.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Corresponding laws","content":"#### 16 Corresponding laws\n\n16 Corresponding laws\n\n> For the Act, section 48A, definition of corresponding law, the following are declared to be corresponding laws—\n> \n> > (a) the Guardianship and Management of Property Act 1991 of the Australian Capital Territory,\n> \n> > (b) theProtection of Personal and Property Rights Act 1988 of New Zealand,\n> \n> > (c) the Guardianship of Adults Act 2016 of the Northern Territory,\n> \n> > (d) the Guardianship and Administration Act 2000 of Queensland,\n> \n> > (e) the Guardianship and Administration Act 1993 of South Australia,\n> \n> > (f) the Guardianship and Administration Act 1995 of Tasmania,\n> \n> > (g) the Guardianship and Administration Act 2019 of Victoria,\n> \n> > (h) the Guardianship and Administration Act 1990 of Western Australia.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Delegation of Public Guardian’s functions","content":"#### 17 Delegation of Public Guardian’s functions\n\n17 Delegation of Public Guardian’s functions\n\n> For the Act, section 77(4), a person engaged under a contract to provide services to enable the Public Guardian to exercise the Public Guardian’s functions under the Act is a prescribed person to which the Public Guardian may delegate the Public Guardian’s functions under the Act.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Administrative review by Tribunal of guardianship decisions of Public Guardian","content":"#### 18 Administrative review by Tribunal of guardianship decisions of Public Guardian\n\n18 Administrative review by Tribunal of guardianship decisions of Public Guardian\n\n> For the Act, section 80A(1)(b), all decisions made by the Public Guardian in connection with the exercise of the Public Guardian’s functions under the Act as a guardian are prescribed.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Service of notices and other instruments","content":"#### 19 Service of notices and other instruments\n\n19 Service of notices and other instruments\n\n> > (1) For the Act, section 98(1)(c), a notice or other instrument may be published in a daily newspaper circulating generally throughout the Sydney metropolitan area.\n> \n> > (2) For the Act, section 98(2)(b), a notice or other instrument published in accordance with this section is taken to have been served at the end of 7 days after the notice or instrument is published.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Savings","content":"#### 20 Savings\n\n20 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Guardianship Regulation 2016](/view/html/repealed/current/sl-2016-0556), had effect under that regulation continues to have effect under this regulation.","sortOrder":23},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Forms","content":"# Schedule 1 Forms\n\nSchedule 1 Forms\n\nsections 5–7\n\nForm 1 Appointment of enduring guardian\n\nI, \\[*insert name, address and occupation*\\], appoint \\[*insert name, address and occupation of each proposed enduring guardian*\\] to be my enduring guardian(s).\n\nI appoint my enduring guardians to act jointly/severally/jointly and severally.\n\nThe death, resignation or incapacity of any of my joint enduring guardians does/does not terminate the appointment of each of my other joint enduring guardians.\n\nI authorise my enduring guardian(s) to exercise the following functions—\\[*strike out any functions the enduring guardian is not authorised to exercise*\\]\n\n> (a) to decide where I live,\n\n> (b) to decide what health care I receive,\n\n> (c) to decide what other kinds of personal services I receive,\n\n> (d) to consent to the carrying out of medical or dental treatment on me in accordance with the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), Part 5,\n\n> (e) to consent to, or withhold consent to, the use of a restrictive practice, being a practice or intervention that has the effect of restricting my rights or freedom of movement,\n\n> (f) \\[*insert any additional functions*\\]\n\nI place the following limits on the authority of my enduring guardian(s)— \\[*insert any limits*\\]\n\nThe functions of my enduring guardian(s) must be exercised in accordance with the following directions— \\[*insert any directions*\\]\n\nSignature—\n\nDate—\n\n**If a person signs this instrument on another person’s behalf**\n\n\\[*insert name and address of the person who signs the document*\\]\n\n**Acceptance by enduring guardian**\n\nI accept my appointment as enduring guardian.\n\nName—\n\nSignature—\n\nDate—\n\n**Certificate of witness**\n\nI, \\[*insert name, address and occupation*\\], certify that—\n\n> (a) \\[*insert name of person appointing enduring guardian*\\] appeared to understand the effect of this instrument and in my presence—\n> \n> > (i) executed the instrument voluntarily, or\n> \n> > (ii) voluntarily instructed \\[*insert name of person signing on behalf of person appointing enduring guardian*\\] to sign the instrument on their behalf and that person executed the instrument in my presence, and\n\n> (b) \\[*insert name of person accepting appointment as enduring guardian*\\] appeared to understand the effect of this instrument and in my presence executed the instrument voluntarily.\n\nSignature—\n\nDate—\n\nAustralian legal practitioner/registrar of the Local Court/foreign lawyer/approved NSW Trustee and Guardian employee\n\nNote—\n\nImportant information\n\nAn enduring guardianship appointment is an important document. It allows someone else to make medical and lifestyle decisions on your behalf. You should get legal or medical advice, or both, before you sign it.\n\nIt is important that you trust the person you appoint as your enduring guardian to make appropriate lifestyle decisions on your behalf. It is recommended you inform this person of your wishes about lifestyle decisions and involve them in discussions about your views or goals. If these change, it is important to let your enduring guardian know.\n\nAn enduring guardian can only make lifestyle decisions such as health decisions. You should make an enduring power of attorney if you want someone to make financial decisions on your behalf if you lose capacity.\n\nIf you appoint more than one enduring guardian, you should indicate whether the enduring guardians are to act jointly, severally or jointly and severally. Enduring guardians who are appointed jointly are only able to make decisions if they all agree about the decision. Enduring guardians who are appointed severally or jointly and severally are able to make decisions independently of each other.\n\nIf you appoint an alternative enduring guardian, they will only have authority to act as your guardian if the first appointed enduring guardian/s dies, resigns or becomes incapacitated.\n\nEach enduring guardian must sign their acceptance on the appointment for the appointment to be effective.\n\nIf someone signs the appointment on your behalf, they must be at least 18 years of age. They must not be the person being appointed as an enduring guardian. They cannot also witness the execution of the appointment.\n\nIf you marry after you appoint an enduring guardian, the appointment will automatically be revoked unless you marry your enduring guardian.\n\nIf you appoint an enduring guardian, you may revoke the appointment in writing using Form 2. You may revoke the appointment at any time while you have legal capacity to revoke the appointment.\n\nYour enduring guardian can resign at any time by giving you written notice. If you have lost capacity to make decisions at that time, your enduring guardian can only resign with the approval of the NSW Civil and Administrative Tribunal.\n\nEnduring guardianship appointments are not automatically accessible on any public register. Therefore, it is important that key people are aware of the appointment so they can contact the enduring guardian if required. You should give a copy of the enduring guardianship appointment to your enduring guardian and keep a copy in a safe place. You should also let close friends or family know about it and give a copy to your solicitor, doctor and health service provider.\n\nFor further information about enduring guardianship, contact the NSW Trustee and Guardian or the NSW Civil and Administrative Tribunal.\n\nForm 2 Revocation of appointment of enduring guardian\n\nI, \\[*insert name, address and occupation*\\], revoke the appointment of \\[*insert name of each enduring guardian*\\] as my enduring guardian.\n\nI understand that this revocation will not be effective unless the enduring guardian is or has been given written notice of the revocation.\n\nSignature—\n\nDate—\n\n**If a person signs this instrument on another person’s behalf**\n\n\\[*insert name and address of the person who signs the document*\\]\n\n**Certificate of witness**\n\nI, \\[*insert name, address and occupation*\\], certify that \\[*insert name of person revoking appointment*\\] appeared to understand the effect of this instrument and in my presence—\n\n> (a) executed the instrument voluntarily, or\n\n> (b) voluntarily instructed \\[*insert name of person signing on behalf of person revoking appointment*\\] to sign the instrument on their behalf and that person executed the instrument in my presence.\n\nSignature—\n\nDate—\n\nAustralian legal practitioner/registrar of the Local Court/foreign lawyer/approved NSW Trustee and Guardian employee\n\nForm 3 Notice of resignation of appointment as enduring guardian\n\nI, \\[*insert name, address and occupation*\\], resign my appointment as an enduring guardian of \\[*insert name and address of the person who appointed the enduring guardian*\\].\n\nSignature—\n\nDate—\n\n**If a person signs this instrument on another person’s behalf**\n\n\\[*insert name and address of the person who signs the document*\\]\n\n**Certificate of witness**\n\nI, \\[*insert name, address and occupation*\\], certify that \\[*insert name of enduring guardian*\\] appeared to understand the effect of this instrument and in my presence—\n\n> (a) executed the instrument voluntarily, or\n\n> (b) voluntarily instructed \\[*insert name of person signing on behalf of enduring guardian*\\] to sign the instrument on their behalf and that person executed the instrument in my presence.\n\nSignature—\n\nDate—\n\nAustralian legal practitioner/registrar of the Local Court/foreign lawyer/approved NSW Trustee and Guardian employee\n\nNote—\n\nAn enduring guardian can resign at any time by giving written notice in this form to the person who appointed the enduring guardian. However, an enduring guardian for a person who has lost the capacity to make personal decisions may only resign with the approval of the NSW Civil and Administrative Tribunal.\n\nFor further information, contact the NSW Civil and Administrative Tribunal.","sortOrder":24},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Consequential amendment of Guardianship Regulation 2026","content":"# Schedule 2 Consequential amendment of Guardianship Regulation 2026\n\nSchedule 2 Consequential amendment of [Guardianship Regulation 2026](/view/html/inforce/current/sl-2026-0437)","sortOrder":25},{"sectionNumber":"Sch 2 s 1","sectionType":"section","heading":"Section 3 Definitions","content":"#### Sch 2 s 1 Section 3 Definitions\n\n\\[1\\] Section 3 Definitions\n\n> Omit section 3(1), definition of restricted substance.\n> \n> Insert in alphabetical order—\n> \n> > Schedule 4 substance has the same meaning as in the [Medicines, Poisons and Therapeutic Goods Act 2022](/view/html/inforce/current/act-2022-073).","sortOrder":26},{"sectionNumber":"Sch 2 s 2","sectionType":"section","heading":"Section 10 Major medical treatment","content":"#### Sch 2 s 2 Section 10 Major medical treatment\n\n\\[2\\] Section 10 Major medical treatment\n\n> Omit “drug of addiction” from section 10(1)(b).\n> \n> Insert instead “Schedule 8 substance”.","sortOrder":27},{"sectionNumber":"Sch 2 s 3","sectionType":"section","heading":"Section 10(1)(f)","content":"#### Sch 2 s 3 Section 10(1)(f)\n\n\\[3\\] Section 10(1)(f)\n\n> Omit “restricted substance”.\n> \n> Insert instead “Schedule 4 substance”.","sortOrder":28},{"sectionNumber":"Sch 2 s 4","sectionType":"section","heading":"Section 10(2), definition of “drug of addiction”","content":"#### Sch 2 s 4 Section 10(2), definition of “drug of addiction”\n\n\\[4\\] Section 10(2), definition of “drug of addiction”\n\n> Omit the definition.\n> \n> Insert in alphabetical order—\n> \n> > Schedule 8 substance has the same meaning as in the [Medicines, Poisons and Therapeutic Goods Act 2022](/view/html/inforce/current/act-2022-073).","sortOrder":29},{"sectionNumber":"Sch 2 s 5","sectionType":"section","heading":"Section 14 Experimental special medical treatment to which Tribunal may consent","content":"#### Sch 2 s 5 Section 14 Experimental special medical treatment to which Tribunal may consent\n\n\\[5\\] Section 14 Experimental special medical treatment to which Tribunal may consent\n\n> Omit “restricted substances” wherever occurring in section 14(a).\n> \n> Insert instead “Schedule 4 substances”","sortOrder":30}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is no indication in this version that the regulation’s substantive scope has been expanded beyond its original purpose. The text available is primarily administrative: version date (21/08/2026), commencement status (none of the provisions commenced), a note that Schedule 2 amendments will commence on 5/11/2026, and an automatic repeal date (1/9/2031). If Schedule 2 commences it may alter scope, but this version itself does not record a change of substantive scope."},"complexity_factors":["No substantive provisions are in force in this version (document is largely metadata).","Schedule 2 amendments are noted but not commenced (to commence 5 November 2026).","Contains a staged/automatic repeal date under the Subordinate Legislation Act 1989 (1 September 2031).","Multiple duplicated headers and site-navigation text increase noise but not legal complexity.","Certified under Interpretation Act 1987 s45C (formal authorisation of the compiled text)."],"plain_english_summary":"**What this instrument does:** The Guardianship Regulation 2026, current from 21 August 2026, has no provisions commenced; Schedule 2 amendments are to commence on 5 November 2026; the regulation is due for automatic repeal on 1 September 2031. \n\n**Who it affects and why it matters:** When commenced, it will govern guardianship matters in NSW and affect people subject to guardianship regimes and their decision-makers. I can make mistakes; this is general legal information, not legal advice—get a qualified Australian lawyer to check before you act."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-regulation-2026","history":"/api/acts/guardianship-regulation-2026/history","analysis":"/api/acts/guardianship-regulation-2026/analysis","conflicts":"/api/acts/guardianship-regulation-2026/conflicts","importantCases":"/api/acts/guardianship-regulation-2026/important-cases","documents":"/api/acts/guardianship-regulation-2026/documents"}}