{"id":"qld:act-2014-026","name":"Public Guardian Act 2014","slug":"public-guardian-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"26 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29680,"registerId":"qld-act-2014-026-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Public Guardian Act 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than sections 252 , 254 and chapter 8 , part 17 , commences on 1 July 2014.\nSections 252 and 254 commence on assent.\nChapter 8 , part 17 commences on the commencement of the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 , section 26 .\n(sec.2-ssec.1) This Act, other than sections 252 , 254 and chapter 8 , part 17 , commences on 1 July 2014.\n(sec.2-ssec.2) Sections 252 and 254 commence on assent.\n(sec.2-ssec.3) Chapter 8 , part 17 commences on the commencement of the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 , section 26 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":4},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purpose and principles of Act","content":"# Purpose and principles of Act","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Purpose","content":"### sec.5 Purpose\n\nThe purpose of this Act is to establish the public guardian to promote and protect the rights and interests of—\nadults with impaired capacity for a matter; and\nrelevant children and children staying at visitable sites.\n- (a) adults with impaired capacity for a matter; and\n- (b) relevant children and children staying at visitable sites.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Principles for adults with impaired capacity for a matter","content":"### sec.6 Principles for adults with impaired capacity for a matter\n\nThe principles to be applied by persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity for the matter are—\nthe general principles stated in the Guardianship Act , section 11B (the general principles ); and\nfor a health matter—the general principles and the health care principles stated in the Guardianship Act , section 11C (the health care principles ).\nPersons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity must also have regard to the acknowledgements stated in the Guardianship Act , section 5 when performing the functions or exercising the powers.\ns 6 amd 2019 No. 9 s 86\n(sec.6-ssec.1) The principles to be applied by persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity for the matter are— the general principles stated in the Guardianship Act , section 11B (the general principles ); and for a health matter—the general principles and the health care principles stated in the Guardianship Act , section 11C (the health care principles ).\n(sec.6-ssec.2) Persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity must also have regard to the acknowledgements stated in the Guardianship Act , section 5 when performing the functions or exercising the powers.\n- (a) the general principles stated in the Guardianship Act , section 11B (the general principles ); and\n- (b) for a health matter—the general principles and the health care principles stated in the Guardianship Act , section 11C (the health care principles ).","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Principles for relevant children and children staying at visitable sites","content":"### sec.7 Principles for relevant children and children staying at visitable sites\n\nThe main principle to be applied by persons performing functions or exercising powers under this Act in relation to a relevant child or a child staying at a visitable site is that the best interests of the child are paramount.\nThe persons must also apply the following general principles when performing functions or exercising powers under this Act in relation to the child—\nthe child’s family has primary responsibility for the child’s upbringing and development and should be supported in that role;\nthe child is a valued member of society;\nthe child is—\nto be treated in a way that respects the child’s dignity and privacy; and\nto be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential;\nthe child’s emotional, moral, social and intellectual development is important and must be taken into account;\nthe child is entitled to be heard, even if others may not agree with the views expressed by the child;\nthe child should be able to exercise his or her rights and participate in decisions that affect his or her life;\nthe child should be able to access available services necessary to meet his or her needs;\nan ongoing relationship between the child and the child’s family is important for the child’s welfare and wellbeing and must be taken into account;\nan ongoing connection with the child’s culture, traditions, language and community is important for the child’s welfare and wellbeing and must be taken into account.\n(sec.7-ssec.1) The main principle to be applied by persons performing functions or exercising powers under this Act in relation to a relevant child or a child staying at a visitable site is that the best interests of the child are paramount.\n(sec.7-ssec.2) The persons must also apply the following general principles when performing functions or exercising powers under this Act in relation to the child— the child’s family has primary responsibility for the child’s upbringing and development and should be supported in that role; the child is a valued member of society; the child is— to be treated in a way that respects the child’s dignity and privacy; and to be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential; the child’s emotional, moral, social and intellectual development is important and must be taken into account; the child is entitled to be heard, even if others may not agree with the views expressed by the child; the child should be able to exercise his or her rights and participate in decisions that affect his or her life; the child should be able to access available services necessary to meet his or her needs; an ongoing relationship between the child and the child’s family is important for the child’s welfare and wellbeing and must be taken into account; an ongoing connection with the child’s culture, traditions, language and community is important for the child’s welfare and wellbeing and must be taken into account.\n- (a) the child’s family has primary responsibility for the child’s upbringing and development and should be supported in that role;\n- (b) the child is a valued member of society;\n- (c) the child is— (i) to be treated in a way that respects the child’s dignity and privacy; and (ii) to be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential;\n- (i) to be treated in a way that respects the child’s dignity and privacy; and\n- (ii) to be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential;\n- (d) the child’s emotional, moral, social and intellectual development is important and must be taken into account;\n- (e) the child is entitled to be heard, even if others may not agree with the views expressed by the child;\n- (f) the child should be able to exercise his or her rights and participate in decisions that affect his or her life;\n- (g) the child should be able to access available services necessary to meet his or her needs;\n- (h) an ongoing relationship between the child and the child’s family is important for the child’s welfare and wellbeing and must be taken into account;\n- (i) an ongoing connection with the child’s culture, traditions, language and community is important for the child’s welfare and wellbeing and must be taken into account.\n- (i) to be treated in a way that respects the child’s dignity and privacy; and\n- (ii) to be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential;","sortOrder":8},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Relationship with other Acts","content":"# Relationship with other Acts","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Relationship with Guardianship and Administration Act 2000 and Powers of Attorney Act 1998","content":"### sec.8 Relationship with Guardianship and Administration Act 2000 and Powers of Attorney Act 1998\n\nThis Act, to the extent it relates to an adult with impaired capacity for a matter, is to be read in conjunction with the Guardianship Act and the Powers of Attorney Act .\nThe Guardianship Act provides a scheme by which the tribunal may do the following—\nappoint a guardian for an adult with impaired capacity for personal matters to make particular decisions and do particular other things for the adult in relation to the matters;\nappoint an administrator for an adult with impaired capacity for financial matters to make particular decisions and do particular other things for the adult in relation to the matters;\nconsent to the withholding or withdrawal of a life-sustaining measure and to particular special health care.\nThe Guardianship Act also provides a scheme for health care for adults with impaired capacity for the matter concerned, including an order of priority for dealing with health care.\nThe Powers of Attorney Act provides a scheme by which—\nby enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal matters at a time when the adult does not have capacity to do those things; and\nPersonal matters do not include special personal matters or special health matters— Powers of Attorney Act , schedule 2 , section 2 .\nby advance health directive, an adult may make directions for the adult’s future health care; and\na statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care.\nIf there is an inconsistency between this Act and the Guardianship Act , the Guardianship Act prevails.\n(sec.8-ssec.1) This Act, to the extent it relates to an adult with impaired capacity for a matter, is to be read in conjunction with the Guardianship Act and the Powers of Attorney Act .\n(sec.8-ssec.2) The Guardianship Act provides a scheme by which the tribunal may do the following— appoint a guardian for an adult with impaired capacity for personal matters to make particular decisions and do particular other things for the adult in relation to the matters; appoint an administrator for an adult with impaired capacity for financial matters to make particular decisions and do particular other things for the adult in relation to the matters; consent to the withholding or withdrawal of a life-sustaining measure and to particular special health care.\n(sec.8-ssec.3) The Guardianship Act also provides a scheme for health care for adults with impaired capacity for the matter concerned, including an order of priority for dealing with health care.\n(sec.8-ssec.4) The Powers of Attorney Act provides a scheme by which— by enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal matters at a time when the adult does not have capacity to do those things; and Personal matters do not include special personal matters or special health matters— Powers of Attorney Act , schedule 2 , section 2 . by advance health directive, an adult may make directions for the adult’s future health care; and a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care.\n(sec.8-ssec.5) If there is an inconsistency between this Act and the Guardianship Act , the Guardianship Act prevails.\n- (a) appoint a guardian for an adult with impaired capacity for personal matters to make particular decisions and do particular other things for the adult in relation to the matters;\n- (b) appoint an administrator for an adult with impaired capacity for financial matters to make particular decisions and do particular other things for the adult in relation to the matters;\n- (c) consent to the withholding or withdrawal of a life-sustaining measure and to particular special health care.\n- (a) by enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal matters at a time when the adult does not have capacity to do those things; and Note— Personal matters do not include special personal matters or special health matters— Powers of Attorney Act , schedule 2 , section 2 .\n- (b) by advance health directive, an adult may make directions for the adult’s future health care; and\n- (c) a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care.","sortOrder":10},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":11},{"sectionNumber":"sec.16","sectionType":"section","heading":"Overview of ch 3","content":"### sec.16 Overview of ch 3\n\nThis chapter contains provisions relating to the public guardian’s functions and powers for adults with impaired capacity for a matter.","sortOrder":12},{"sectionNumber":"sec.17","sectionType":"section","heading":"Definitions for ch 3","content":"### sec.17 Definitions for ch 3\n\nIn this chapter—\nadult means an adult with impaired capacity for a matter.\npower of attorney means—\na general power of attorney made under the Powers of Attorney Act ; or\nan enduring power of attorney; or\na power of attorney made otherwise than under the Powers of Attorney Act , whether before or after its commencement; or\na similar document under the law of another jurisdiction.\n- (a) a general power of attorney made under the Powers of Attorney Act ; or\n- (b) an enduring power of attorney; or\n- (c) a power of attorney made otherwise than under the Powers of Attorney Act , whether before or after its commencement; or\n- (d) a similar document under the law of another jurisdiction.","sortOrder":13},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Advice and supervision","content":"# Advice and supervision","sortOrder":14},{"sectionNumber":"sec.18","sectionType":"section","heading":"Public guardian may give advice and impose supervision","content":"### sec.18 Public guardian may give advice and impose supervision\n\nThe public guardian may do any of the following—\ngive advice to an adult’s attorney, guardian or administrator;\nby written notice, make an adult’s attorney, guardian or administrator subject to the public guardian’s supervision for a reasonable period if the public guardian believes, on reasonable grounds, it is necessary in the adult’s interests including, for example, because the attorney, guardian or administrator has contravened this Act, the Guardianship Act or duties, though not wilfully;\nrequire an attorney who may exercise power for a financial matter for an adult or an adult’s administrator to present a plan of management for approval.\nAn adult’s attorney, guardian or administrator may apply to the tribunal to review the public guardian’s decision relating to the advice, notice or requirement and the tribunal may make the order it considers appropriate.\nIn this section—\nadministrator , in relation to an adult, means the administrator appointed for the adult under the Guardianship Act .\nattorney , in relation to an adult, means the adult’s attorney authorised under an enduring document or the adult’s statutory health attorney.\nguardian , in relation to an adult, means the guardian appointed for the adult under the Guardianship Act .\n(sec.18-ssec.1) The public guardian may do any of the following— give advice to an adult’s attorney, guardian or administrator; by written notice, make an adult’s attorney, guardian or administrator subject to the public guardian’s supervision for a reasonable period if the public guardian believes, on reasonable grounds, it is necessary in the adult’s interests including, for example, because the attorney, guardian or administrator has contravened this Act, the Guardianship Act or duties, though not wilfully; require an attorney who may exercise power for a financial matter for an adult or an adult’s administrator to present a plan of management for approval.\n(sec.18-ssec.2) An adult’s attorney, guardian or administrator may apply to the tribunal to review the public guardian’s decision relating to the advice, notice or requirement and the tribunal may make the order it considers appropriate.\n(sec.18-ssec.3) In this section— administrator , in relation to an adult, means the administrator appointed for the adult under the Guardianship Act . attorney , in relation to an adult, means the adult’s attorney authorised under an enduring document or the adult’s statutory health attorney. guardian , in relation to an adult, means the guardian appointed for the adult under the Guardianship Act .\n- (a) give advice to an adult’s attorney, guardian or administrator;\n- (b) by written notice, make an adult’s attorney, guardian or administrator subject to the public guardian’s supervision for a reasonable period if the public guardian believes, on reasonable grounds, it is necessary in the adult’s interests including, for example, because the attorney, guardian or administrator has contravened this Act, the Guardianship Act or duties, though not wilfully;\n- (c) require an attorney who may exercise power for a financial matter for an adult or an adult’s administrator to present a plan of management for approval.","sortOrder":15},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Investigations","content":"# Investigations","sortOrder":16},{"sectionNumber":"sec.19","sectionType":"section","heading":"Investigate complaints","content":"### sec.19 Investigate complaints\n\nThe public guardian may investigate any complaint or allegation that an adult—\nis being or has been neglected, exploited or abused; or\nhas inappropriate or inadequate decision-making arrangements.\nThe public guardian may investigate a complaint or allegation even after an adult’s death.\ns 19 amd 2019 No. 9 s 87\n(sec.19-ssec.1) The public guardian may investigate any complaint or allegation that an adult— is being or has been neglected, exploited or abused; or has inappropriate or inadequate decision-making arrangements.\n(sec.19-ssec.2) The public guardian may investigate a complaint or allegation even after an adult’s death.\n- (a) is being or has been neglected, exploited or abused; or\n- (b) has inappropriate or inadequate decision-making arrangements.","sortOrder":17},{"sectionNumber":"sec.20","sectionType":"section","heading":"Delegate for investigation","content":"### sec.20 Delegate for investigation\n\nIf the public guardian decides to investigate a complaint or allegation, the public guardian may delegate to an appropriately qualified person the public guardian’s powers under this part, other than the power to give notice under section 25 (1) or 29 .\nSubsection (1) does not affect the public guardian’s authority to delegate power to someone else under section 146 .\nA delegate exercising power under this part must, if asked, produce evidence of the delegation.\nIf a delegate is given power to carry out an investigation, the delegate must, after carrying out the investigation, make a written report and give a copy of the report to the public guardian.\nIt is a lawful excuse for the publication of any defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act.\nA delegate (other than a delegate who is a member of the public guardian’s staff) given power to carry out an investigation is entitled to the remuneration decided by the public guardian.\n(sec.20-ssec.1) If the public guardian decides to investigate a complaint or allegation, the public guardian may delegate to an appropriately qualified person the public guardian’s powers under this part, other than the power to give notice under section 25 (1) or 29 .\n(sec.20-ssec.2) Subsection (1) does not affect the public guardian’s authority to delegate power to someone else under section 146 .\n(sec.20-ssec.3) A delegate exercising power under this part must, if asked, produce evidence of the delegation.\n(sec.20-ssec.4) If a delegate is given power to carry out an investigation, the delegate must, after carrying out the investigation, make a written report and give a copy of the report to the public guardian.\n(sec.20-ssec.5) It is a lawful excuse for the publication of any defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act.\n(sec.20-ssec.6) A delegate (other than a delegate who is a member of the public guardian’s staff) given power to carry out an investigation is entitled to the remuneration decided by the public guardian.","sortOrder":18},{"sectionNumber":"sec.21","sectionType":"section","heading":"Records and audit","content":"### sec.21 Records and audit\n\nThe public guardian may, by written notice to an attorney for an adult who has power for a financial matter or to an administrator for an adult, require that, by the date stated in the notice, the attorney or administrator file with the public guardian a summary of receipts and expenditure, or more detailed accounts of dealings and transactions, for the adult for a specified period.\nThe date by which the summary or accounts must be filed must be a date that the public guardian considers gives the attorney or administrator reasonable time to comply with the notice.\nThe attorney or administrator must comply with the notice, unless the attorney or administrator has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe summary or accounts filed may be audited by an auditor appointed by the public guardian.\nSee the Powers of Attorney Act , section 122 (Records and audit) which gives the court similar power in relation to an attorney for a financial matter.\nThis section applies even after an adult’s death.\nIn this section—\nattorney means an attorney under an enduring power of attorney.\ns 21 amd 2019 No. 9 s 88\n(sec.21-ssec.1) The public guardian may, by written notice to an attorney for an adult who has power for a financial matter or to an administrator for an adult, require that, by the date stated in the notice, the attorney or administrator file with the public guardian a summary of receipts and expenditure, or more detailed accounts of dealings and transactions, for the adult for a specified period.\n(sec.21-ssec.2) The date by which the summary or accounts must be filed must be a date that the public guardian considers gives the attorney or administrator reasonable time to comply with the notice.\n(sec.21-ssec.3) The attorney or administrator must comply with the notice, unless the attorney or administrator has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.21-ssec.4) The summary or accounts filed may be audited by an auditor appointed by the public guardian. See the Powers of Attorney Act , section 122 (Records and audit) which gives the court similar power in relation to an attorney for a financial matter.\n(sec.21-ssec.5) This section applies even after an adult’s death.\n(sec.21-ssec.6) In this section— attorney means an attorney under an enduring power of attorney.","sortOrder":19},{"sectionNumber":"sec.22","sectionType":"section","heading":"Right to information","content":"### sec.22 Right to information\n\nThe public guardian has a right to all information necessary to investigate a complaint or allegation, or to carry out an audit, in connection with an adult.\nIn addition, the Powers of Attorney Act , section 81 (Right of attorney to information) gives the public guardian a right to information as an attorney.\nThe public guardian may, by written notice given to a person who has custody or control of the information, require the person—\nto give the information to the public guardian; and\nif the person is an attorney or administrator and the information is contained in a document—to give the document to the public guardian; and\nif the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for a person not to comply with the notice because complying with the notice might tend to incriminate the person.\nSubject to subsection (4) , this section overrides—\nany restriction, in an Act or the common law, about the disclosure or confidentiality of information, including a person’s personal information; and\nany claim of confidentiality or privilege, including a claim based on legal professional privilege.\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive; or\na statutory health attorney.\npersonal information see the Information Privacy Act 2009 , section 12 .\ns 22 amd 2019 No. 9 s 89\n(sec.22-ssec.1) The public guardian has a right to all information necessary to investigate a complaint or allegation, or to carry out an audit, in connection with an adult. In addition, the Powers of Attorney Act , section 81 (Right of attorney to information) gives the public guardian a right to information as an attorney.\n(sec.22-ssec.2) The public guardian may, by written notice given to a person who has custody or control of the information, require the person— to give the information to the public guardian; and if the person is an attorney or administrator and the information is contained in a document—to give the document to the public guardian; and if the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it.\n(sec.22-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.22-ssec.4) It is a reasonable excuse for a person not to comply with the notice because complying with the notice might tend to incriminate the person.\n(sec.22-ssec.5) Subject to subsection (4) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information, including a person’s personal information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege.\n(sec.22-ssec.6) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. personal information see the Information Privacy Act 2009 , section 12 .\n- (a) to give the information to the public guardian; and\n- (b) if the person is an attorney or administrator and the information is contained in a document—to give the document to the public guardian; and\n- (c) if the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it.\n- (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information, including a person’s personal information; and\n- (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive; or\n- (c) a statutory health attorney.","sortOrder":20},{"sectionNumber":"sec.23","sectionType":"section","heading":"Information by statutory declaration","content":"### sec.23 Information by statutory declaration\n\nIf a person is required to give information to the public guardian under this chapter, the public guardian may, by written notice given to a person, require the person to give the information by statutory declaration.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —100 penalty units.\n(sec.23-ssec.1) If a person is required to give information to the public guardian under this chapter, the public guardian may, by written notice given to a person, require the person to give the information by statutory declaration.\n(sec.23-ssec.2) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units.","sortOrder":21},{"sectionNumber":"sec.24","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.24 Protection from liability for giving information\n\nThis section applies to the giving of information to the public guardian under section 22 or 23 .\nA person may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.\nIf a person, acting honestly, gives the information to the public guardian, the person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (3) and (4) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nIn this section—\ngiving , of information contained in a document, includes allowing the document to be inspected and a copy to be taken of it.\n(sec.24-ssec.1) This section applies to the giving of information to the public guardian under section 22 or 23 .\n(sec.24-ssec.2) A person may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.\n(sec.24-ssec.3) If a person, acting honestly, gives the information to the public guardian, the person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.24-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.24-ssec.5) Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n(sec.24-ssec.6) In this section— giving , of information contained in a document, includes allowing the document to be inspected and a copy to be taken of it.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":22},{"sectionNumber":"sec.25","sectionType":"section","heading":"Witnesses","content":"### sec.25 Witnesses\n\nFor the performance of adult guardian functions, the public guardian may, by written notice given to a person, require the person to attend before the public guardian at a stated time and place to give information and answer questions, or produce stated documents or things.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nSee section 28 (Self-incrimination not a reasonable excuse).\nMaximum penalty—100 penalty units.\nThe public guardian may—\nrequire the person to take an oath; and\nadminister an oath to the person, or, if technology allowing reasonably contemporaneous and continuous communication is to be used, make the arrangements the public guardian considers appropriate in the circumstances for administering an oath to the person; and\nallow the person to give information by tendering a written statement, verified, if the public guardian directs, by oath.\nThe person must comply with a requirement under subsection (3) (a) , unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe person is entitled to be paid by the public guardian an amount equivalent to the amount the person would receive under the Court Fees and Allowances Regulation if the person’s attendance before the public guardian were attendance in a Magistrates Court as a witness.\nIn this section—\nCourt Fees and Allowances Regulation means a regulation made under the Supreme Court of Queensland Act 1991 providing for the fees and allowances payable to witnesses attending before a court.\n(sec.25-ssec.1) For the performance of adult guardian functions, the public guardian may, by written notice given to a person, require the person to attend before the public guardian at a stated time and place to give information and answer questions, or produce stated documents or things.\n(sec.25-ssec.2) The person must comply with the notice, unless the person has a reasonable excuse. See section 28 (Self-incrimination not a reasonable excuse). Maximum penalty—100 penalty units.\n(sec.25-ssec.3) The public guardian may— require the person to take an oath; and administer an oath to the person, or, if technology allowing reasonably contemporaneous and continuous communication is to be used, make the arrangements the public guardian considers appropriate in the circumstances for administering an oath to the person; and allow the person to give information by tendering a written statement, verified, if the public guardian directs, by oath.\n(sec.25-ssec.4) The person must comply with a requirement under subsection (3) (a) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.25-ssec.5) The person is entitled to be paid by the public guardian an amount equivalent to the amount the person would receive under the Court Fees and Allowances Regulation if the person’s attendance before the public guardian were attendance in a Magistrates Court as a witness.\n(sec.25-ssec.6) In this section— Court Fees and Allowances Regulation means a regulation made under the Supreme Court of Queensland Act 1991 providing for the fees and allowances payable to witnesses attending before a court.\n- (a) require the person to take an oath; and\n- (b) administer an oath to the person, or, if technology allowing reasonably contemporaneous and continuous communication is to be used, make the arrangements the public guardian considers appropriate in the circumstances for administering an oath to the person; and\n- (c) allow the person to give information by tendering a written statement, verified, if the public guardian directs, by oath.","sortOrder":23},{"sectionNumber":"sec.26","sectionType":"section","heading":"Power of court if noncompliance with attendance notice","content":"### sec.26 Power of court if noncompliance with attendance notice\n\nThis section applies if, without reasonable excuse, a person fails to comply with a notice given under section 25 .\nA Magistrates Court, at the request of the public guardian, may issue a subpoena requiring the attendance of the person before the court.\nThe Uniform Civil Procedure Rules 1999 , other than rules  417 , 418 and 420 , apply in relation to the subpoena.\nSee the Uniform Civil Procedure Rules 1999 , chapter 11 , part 4 .\nThe court may require the person to take an oath.\nThe public guardian may examine the person attending before the court under a subpoena issued under subsection (2) .\nIn this section—\nsubpoena means—\na subpoena for production; or\na subpoena to give evidence; or\na subpoena for production and to give evidence.\ns 26 amd 2023 No. 23 s 172\n(sec.26-ssec.1) This section applies if, without reasonable excuse, a person fails to comply with a notice given under section 25 .\n(sec.26-ssec.2) A Magistrates Court, at the request of the public guardian, may issue a subpoena requiring the attendance of the person before the court.\n(sec.26-ssec.3) The Uniform Civil Procedure Rules 1999 , other than rules  417 , 418 and 420 , apply in relation to the subpoena. See the Uniform Civil Procedure Rules 1999 , chapter 11 , part 4 .\n(sec.26-ssec.4) The court may require the person to take an oath.\n(sec.26-ssec.5) The public guardian may examine the person attending before the court under a subpoena issued under subsection (2) .\n(sec.26-ssec.6) In this section— subpoena means— a subpoena for production; or a subpoena to give evidence; or a subpoena for production and to give evidence.\n- (a) a subpoena for production; or\n- (b) a subpoena to give evidence; or\n- (c) a subpoena for production and to give evidence.","sortOrder":24},{"sectionNumber":"sec.27","sectionType":"section","heading":"Power of court if failure to cooperate under subpoena","content":"### sec.27 Power of court if failure to cooperate under subpoena\n\nThis section applies if a person subpoenaed under section 26 attends before a Magistrates Court and without reasonable excuse—\nrefuses to take an oath; or\nrefuses to answer a question put to the person; or\nfails to give an answer to the court’s satisfaction.\nThe court may treat the person’s refusal or failure as a contempt of court.\n(sec.27-ssec.1) This section applies if a person subpoenaed under section 26 attends before a Magistrates Court and without reasonable excuse— refuses to take an oath; or refuses to answer a question put to the person; or fails to give an answer to the court’s satisfaction.\n(sec.27-ssec.2) The court may treat the person’s refusal or failure as a contempt of court.\n- (a) refuses to take an oath; or\n- (b) refuses to answer a question put to the person; or\n- (c) fails to give an answer to the court’s satisfaction.","sortOrder":25},{"sectionNumber":"sec.28","sectionType":"section","heading":"Self-incrimination not a reasonable excuse","content":"### sec.28 Self-incrimination not a reasonable excuse\n\nThis section applies to—\na person who fails to comply with a notice under section 25 (1) to give information and answer questions or to produce documents or things; or\na person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court’s satisfaction.\nIt is not a reasonable excuse for the person to—\nfail to comply with the notice; or\nrefuse to answer the question or fail to give an answer to the court’s satisfaction;\nbecause compliance with the notice, answering the question or giving an answer to the court’s satisfaction might tend to incriminate the person.\nHowever, evidence of, or directly or indirectly derived from, information given by a person or a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than—\na proceeding for an offence about the falsity of the information, answer, document or thing; or\nif the information, answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or\nif the information, answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration or licence; or\nif the information, answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.\n(sec.28-ssec.1) This section applies to— a person who fails to comply with a notice under section 25 (1) to give information and answer questions or to produce documents or things; or a person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court’s satisfaction.\n(sec.28-ssec.2) It is not a reasonable excuse for the person to— fail to comply with the notice; or refuse to answer the question or fail to give an answer to the court’s satisfaction; because compliance with the notice, answering the question or giving an answer to the court’s satisfaction might tend to incriminate the person.\n(sec.28-ssec.3) However, evidence of, or directly or indirectly derived from, information given by a person or a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for an offence about the falsity of the information, answer, document or thing; or if the information, answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or if the information, answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration or licence; or if the information, answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.\n- (a) a person who fails to comply with a notice under section 25 (1) to give information and answer questions or to produce documents or things; or\n- (b) a person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court’s satisfaction.\n- (a) fail to comply with the notice; or\n- (b) refuse to answer the question or fail to give an answer to the court’s satisfaction;\n- (a) a proceeding for an offence about the falsity of the information, answer, document or thing; or\n- (b) if the information, answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or\n- (c) if the information, answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration or licence; or\n- (d) if the information, answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.","sortOrder":26},{"sectionNumber":"sec.29","sectionType":"section","heading":"Cost of investigations and audits","content":"### sec.29 Cost of investigations and audits\n\nIf—\nthe public guardian undertakes an investigation concerning a financial matter or an audit at the request of a person; and\nthe public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause;\nthe public guardian may, by written notice, require the person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.\nIf—\nthe public guardian undertakes an investigation concerning a financial matter or an audit; and\nthe public guardian considers the attorney or administrator concerned has contravened this Act, the Guardianship Act or the Powers of Attorney Act ;\nthe public guardian may, by written notice, require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.\nThe public guardian may, by written notice, require a person who requests an investigation or audit to pay to the public guardian the amount the public guardian considers appropriate as security for a payment under subsection (1) .\nA person given notice under this section may apply to the tribunal to review the public guardian’s decision to require the payment, or the amount of the payment required, and the tribunal may make the order it considers appropriate.\nIn this section—\nattorney means an attorney under a power of attorney.\n(sec.29-ssec.1) If— the public guardian undertakes an investigation concerning a financial matter or an audit at the request of a person; and the public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause; the public guardian may, by written notice, require the person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.\n(sec.29-ssec.2) If— the public guardian undertakes an investigation concerning a financial matter or an audit; and the public guardian considers the attorney or administrator concerned has contravened this Act, the Guardianship Act or the Powers of Attorney Act ; the public guardian may, by written notice, require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.\n(sec.29-ssec.3) The public guardian may, by written notice, require a person who requests an investigation or audit to pay to the public guardian the amount the public guardian considers appropriate as security for a payment under subsection (1) .\n(sec.29-ssec.4) A person given notice under this section may apply to the tribunal to review the public guardian’s decision to require the payment, or the amount of the payment required, and the tribunal may make the order it considers appropriate.\n(sec.29-ssec.5) In this section— attorney means an attorney under a power of attorney.\n- (a) the public guardian undertakes an investigation concerning a financial matter or an audit at the request of a person; and\n- (b) the public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause;\n- (a) the public guardian undertakes an investigation concerning a financial matter or an audit; and\n- (b) the public guardian considers the attorney or administrator concerned has contravened this Act, the Guardianship Act or the Powers of Attorney Act ;","sortOrder":27},{"sectionNumber":"sec.30","sectionType":"section","heading":"Obstructing investigation or audit","content":"### sec.30 Obstructing investigation or audit\n\nA person must not obstruct or improperly influence the conduct of an investigation or audit.\nMaximum penalty—100 penalty units.\nIn this section—\ninfluence includes attempt to influence.\nobstruct includes hinder, resist and attempt to obstruct.\n(sec.30-ssec.1) A person must not obstruct or improperly influence the conduct of an investigation or audit. Maximum penalty—100 penalty units.\n(sec.30-ssec.2) In this section— influence includes attempt to influence. obstruct includes hinder, resist and attempt to obstruct.","sortOrder":28},{"sectionNumber":"sec.31","sectionType":"section","heading":"Report and information after investigation or audit","content":"### sec.31 Report and information after investigation or audit\n\nAfter the public guardian has carried out an investigation or audit in relation to an adult, the public guardian—\nmust make a written report; and\nmust inform each of the following persons, in a way the public guardian considers appropriate, of the results of the investigation or audit—\nthe person at whose request the investigation or audit was carried out;\nevery attorney, guardian or administrator for the adult;\nif the adult has died—the adult’s personal representative; and\nmay give a copy of the report to a person mentioned in paragraph (b) .\nIt is a lawful excuse for the publication of a defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act.\nIf an interested person asks to be informed of the results of the investigation or audit, the public guardian must inform the interested person in a way the public guardian considers appropriate.\nIf a report made by the public guardian contains information about a person and the public guardian considers it appropriate to protect the person’s identity, the public guardian may remove, from the copy of the report given under subsection (1) , information likely to result in the person’s identification.\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive.\ns 31 sub 2019 No. 9 s 90\n(sec.31-ssec.1) After the public guardian has carried out an investigation or audit in relation to an adult, the public guardian— must make a written report; and must inform each of the following persons, in a way the public guardian considers appropriate, of the results of the investigation or audit— the person at whose request the investigation or audit was carried out; every attorney, guardian or administrator for the adult; if the adult has died—the adult’s personal representative; and may give a copy of the report to a person mentioned in paragraph (b) .\n(sec.31-ssec.2) It is a lawful excuse for the publication of a defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act.\n(sec.31-ssec.3) If an interested person asks to be informed of the results of the investigation or audit, the public guardian must inform the interested person in a way the public guardian considers appropriate.\n(sec.31-ssec.4) If a report made by the public guardian contains information about a person and the public guardian considers it appropriate to protect the person’s identity, the public guardian may remove, from the copy of the report given under subsection (1) , information likely to result in the person’s identification.\n(sec.31-ssec.5) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive.\n- (a) must make a written report; and\n- (b) must inform each of the following persons, in a way the public guardian considers appropriate, of the results of the investigation or audit— (i) the person at whose request the investigation or audit was carried out; (ii) every attorney, guardian or administrator for the adult; (iii) if the adult has died—the adult’s personal representative; and\n- (i) the person at whose request the investigation or audit was carried out;\n- (ii) every attorney, guardian or administrator for the adult;\n- (iii) if the adult has died—the adult’s personal representative; and\n- (c) may give a copy of the report to a person mentioned in paragraph (b) .\n- (i) the person at whose request the investigation or audit was carried out;\n- (ii) every attorney, guardian or administrator for the adult;\n- (iii) if the adult has died—the adult’s personal representative; and\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive.","sortOrder":29},{"sectionNumber":"sec.32","sectionType":"section","heading":"Prohibited use of report after investigation or audit","content":"### sec.32 Prohibited use of report after investigation or audit\n\nThis section applies if—\na report contains information about a person but does not identify the person (the de-identified person ); and\nanother person accesses the report.\nThe other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person by a member of the public, or by a member of the section of the public to whom the information is published.\nMaximum penalty—200 penalty units.\nHowever, subsection (2) does not apply if the other person is a person who has access to the report because of being, or an opportunity given by being—\na relevant person; or\nthe public guardian; or\na member of the public guardian’s staff; or\nan attorney; or\na community visitor; or\na person consulted or employed by the public guardian for this Act; or\na public guardian’s delegate for an investigation.\nFor the confidentiality requirements for a relevant person, see the Guardianship Act , section 249A . For the confidentiality requirements for an attorney, see the Powers of Attorney Act , section 74A . For the confidentiality requirements for a person mentioned in paragraph (b) , (c) , (e) , (f) or (g) , see section 140 .\nIn this section—\nattorney means—\nan attorney under a power of attorney; or\nan attorney under an advance health directive; or\na statutory health attorney.\nrelevant person see the Guardianship Act , section 246 .\n(sec.32-ssec.1) This section applies if— a report contains information about a person but does not identify the person (the de-identified person ); and another person accesses the report.\n(sec.32-ssec.2) The other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person by a member of the public, or by a member of the section of the public to whom the information is published. Maximum penalty—200 penalty units.\n(sec.32-ssec.3) However, subsection (2) does not apply if the other person is a person who has access to the report because of being, or an opportunity given by being— a relevant person; or the public guardian; or a member of the public guardian’s staff; or an attorney; or a community visitor; or a person consulted or employed by the public guardian for this Act; or a public guardian’s delegate for an investigation. For the confidentiality requirements for a relevant person, see the Guardianship Act , section 249A . For the confidentiality requirements for an attorney, see the Powers of Attorney Act , section 74A . For the confidentiality requirements for a person mentioned in paragraph (b) , (c) , (e) , (f) or (g) , see section 140 .\n(sec.32-ssec.4) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. relevant person see the Guardianship Act , section 246 .\n- (a) a report contains information about a person but does not identify the person (the de-identified person ); and\n- (b) another person accesses the report.\n- (a) a relevant person; or\n- (b) the public guardian; or\n- (c) a member of the public guardian’s staff; or\n- (d) an attorney; or\n- (e) a community visitor; or\n- (f) a person consulted or employed by the public guardian for this Act; or\n- (g) a public guardian’s delegate for an investigation.\n- (a) an attorney under a power of attorney; or\n- (b) an attorney under an advance health directive; or\n- (c) a statutory health attorney.","sortOrder":30},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Protective powers","content":"# Protective powers","sortOrder":31},{"sectionNumber":"sec.33","sectionType":"section","heading":"Proceedings for protection of property","content":"### sec.33 Proceedings for protection of property\n\nIf the public guardian considers—\nproperty of an adult is wrongfully held, detained, converted or injured; or\nmoney is payable to the adult;\nthe public guardian, either in the name of the public guardian or the adult, may claim and recover possession of the property, damages for conversion of or injury to the property, or payment of the money, by application to the Supreme Court.\n- (a) property of an adult is wrongfully held, detained, converted or injured; or\n- (b) money is payable to the adult;","sortOrder":32},{"sectionNumber":"sec.34","sectionType":"section","heading":"Suspension of attorney’s power","content":"### sec.34 Suspension of attorney’s power\n\nThe public guardian may, by written notice to an attorney, suspend the operation of all or some of an attorney’s power for an adult if the public guardian suspects, on reasonable grounds, that the attorney is not competent.\nAn attorney is not competent if, for example—\na relevant interest of the adult has not been, or is not being, adequately protected; or\nthe attorney has neglected the attorney’s duties or abused the attorney’s powers, whether generally or in relation to a specific power; or\nthe attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act .\nThe suspension may not be for more than 3 months.\nThe public guardian may not—\nextend the suspension; or\nsuspend the attorney more than once on the same ground arising from the same circumstances.\nThe public guardian may lift the suspension on the terms the public guardian considers appropriate.\nThe attorney whose power has been suspended may apply to the tribunal to review the public guardian’s decision to suspend the attorney or the terms on which the suspension is lifted and the tribunal may make the order it considers appropriate.\nIn this section—\nattorney means an attorney under an enduring document.\ns 34 amd 2019 No. 9 s 91\n(sec.34-ssec.1) The public guardian may, by written notice to an attorney, suspend the operation of all or some of an attorney’s power for an adult if the public guardian suspects, on reasonable grounds, that the attorney is not competent.\n(sec.34-ssec.2) An attorney is not competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the attorney has neglected the attorney’s duties or abused the attorney’s powers, whether generally or in relation to a specific power; or the attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act .\n(sec.34-ssec.3) The suspension may not be for more than 3 months.\n(sec.34-ssec.4) The public guardian may not— extend the suspension; or suspend the attorney more than once on the same ground arising from the same circumstances.\n(sec.34-ssec.5) The public guardian may lift the suspension on the terms the public guardian considers appropriate.\n(sec.34-ssec.6) The attorney whose power has been suspended may apply to the tribunal to review the public guardian’s decision to suspend the attorney or the terms on which the suspension is lifted and the tribunal may make the order it considers appropriate.\n(sec.34-ssec.7) In this section— attorney means an attorney under an enduring document.\n- (a) a relevant interest of the adult has not been, or is not being, adequately protected; or\n- (b) the attorney has neglected the attorney’s duties or abused the attorney’s powers, whether generally or in relation to a specific power; or\n- (c) the attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act .\n- (a) extend the suspension; or\n- (b) suspend the attorney more than once on the same ground arising from the same circumstances.","sortOrder":33},{"sectionNumber":"sec.35","sectionType":"section","heading":"Exercise of power during suspension","content":"### sec.35 Exercise of power during suspension\n\nDuring the suspension of the operation of power of an attorney, the attorney must not exercise the power.\nMaximum penalty—100 penalty units.\nDuring the suspension of the operation of power of an attorney for a personal matter, the public guardian is taken to be the attorney for the adult for the exercise of the power.\nDuring the suspension of the operation of power of an attorney for a financial matter, the public trustee is taken to be the attorney for the adult for the exercise of the power.\n(sec.35-ssec.1) During the suspension of the operation of power of an attorney, the attorney must not exercise the power. Maximum penalty—100 penalty units.\n(sec.35-ssec.2) During the suspension of the operation of power of an attorney for a personal matter, the public guardian is taken to be the attorney for the adult for the exercise of the power.\n(sec.35-ssec.3) During the suspension of the operation of power of an attorney for a financial matter, the public trustee is taken to be the attorney for the adult for the exercise of the power.","sortOrder":34},{"sectionNumber":"sec.36","sectionType":"section","heading":"Power to apply for entry and removal warrant","content":"### sec.36 Power to apply for entry and removal warrant\n\nThis section applies if the public guardian considers there are reasonable grounds for suspecting there is an immediate risk of harm, because of neglect (including self neglect), exploitation or abuse, to an adult.\nThe public guardian may apply to the tribunal for a warrant under the Guardianship Act , section 148 to enter a place and to remove the adult.\n(sec.36-ssec.1) This section applies if the public guardian considers there are reasonable grounds for suspecting there is an immediate risk of harm, because of neglect (including self neglect), exploitation or abuse, to an adult.\n(sec.36-ssec.2) The public guardian may apply to the tribunal for a warrant under the Guardianship Act , section 148 to enter a place and to remove the adult.","sortOrder":35},{"sectionNumber":"sec.37","sectionType":"section","heading":"Health providers may advise public guardian","content":"### sec.37 Health providers may advise public guardian\n\nThis section applies if a health provider who is treating a person over the age of 18 reasonably considers—\nthe person has impaired capacity for a matter; and\nthe person does not have an attorney, guardian or administrator for the matter.\nThe health provider may advise the public guardian of the following details—\nthe person’s name;\nthe person’s current location and contact address;\nthe contact details for the person’s nearest relative;\nthe health provider’s opinion about the person’s capacity.\nThis section overrides—\nany restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and\nany claim of confidentiality or privilege.\nIn this section—\nattorney means an attorney under an enduring document.\ncontact details , for a relative, means the relative’s address and telephone number or a way of contacting the relative.\n(sec.37-ssec.1) This section applies if a health provider who is treating a person over the age of 18 reasonably considers— the person has impaired capacity for a matter; and the person does not have an attorney, guardian or administrator for the matter.\n(sec.37-ssec.2) The health provider may advise the public guardian of the following details— the person’s name; the person’s current location and contact address; the contact details for the person’s nearest relative; the health provider’s opinion about the person’s capacity.\n(sec.37-ssec.3) This section overrides— any restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege.\n(sec.37-ssec.4) In this section— attorney means an attorney under an enduring document. contact details , for a relative, means the relative’s address and telephone number or a way of contacting the relative.\n- (a) the person has impaired capacity for a matter; and\n- (b) the person does not have an attorney, guardian or administrator for the matter.\n- (a) the person’s name;\n- (b) the person’s current location and contact address;\n- (c) the contact details for the person’s nearest relative;\n- (d) the health provider’s opinion about the person’s capacity.\n- (a) any restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and\n- (b) any claim of confidentiality or privilege.","sortOrder":36},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Power to consent to forensic examination","content":"# Power to consent to forensic examination","sortOrder":37},{"sectionNumber":"sec.38","sectionType":"section","heading":"Consent to forensic examination","content":"### sec.38 Consent to forensic examination\n\nThe public guardian may consent to the forensic examination of an adult with impaired capacity for consenting to the examination if—\nthe public guardian reasonably considers the examination is in the adult’s best interests; and\nany of the following apply—\nno guardian or attorney for the adult is appointed or available to consent for the adult to the examination;\nany guardian or attorney for the adult who is available has failed to consent;\nthe public guardian reasonably considers the adult’s interests would not be adequately protected if the consent of any guardian or attorney for the adult were sought.\na forensic examination to obtain evidence that a criminal offence has been committed against the adult\nSee also the Guardianship Act , section 248A (Protection for person carrying out forensic examination with consent).\n- (a) the public guardian reasonably considers the examination is in the adult’s best interests; and\n- (b) any of the following apply— (i) no guardian or attorney for the adult is appointed or available to consent for the adult to the examination; (ii) any guardian or attorney for the adult who is available has failed to consent; (iii) the public guardian reasonably considers the adult’s interests would not be adequately protected if the consent of any guardian or attorney for the adult were sought.\n- (i) no guardian or attorney for the adult is appointed or available to consent for the adult to the examination;\n- (ii) any guardian or attorney for the adult who is available has failed to consent;\n- (iii) the public guardian reasonably considers the adult’s interests would not be adequately protected if the consent of any guardian or attorney for the adult were sought.\n- (i) no guardian or attorney for the adult is appointed or available to consent for the adult to the examination;\n- (ii) any guardian or attorney for the adult who is available has failed to consent;\n- (iii) the public guardian reasonably considers the adult’s interests would not be adequately protected if the consent of any guardian or attorney for the adult were sought.","sortOrder":38},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Community visitor program (adult)","content":"# Community visitor program (adult)","sortOrder":39},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":40},{"sectionNumber":"sec.39","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.39 Definitions for pt 6\n\nIn this part—\nchapter 5B approval means an approval given under the Guardianship and Administration Act 2000 , chapter 5B .\ns 39 def chapter 5B approval ins 2019 No. 19 s 62 (2)\ncomplaint means a complaint about a matter mentioned in section 41 (2) made by or for a consumer at a visitable site.\nconsumer means—\nfor a visitable site that is an authorised mental health service under the Mental Health Act 2016 —any person who lives or receives services at the visitable site; or\nfor a visitable site that is the forensic disability service—any person who lives or receives services at the visitable site; or\nfor another visitable site—an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, who lives or receives services at the visitable site.\ns 39 def consumer amd 2016 No. 5 s 923 sch 4\nforensic disability service means the forensic disability service under the Forensic Disability Act 2011 .\nfunded adult participant means an adult—\nwith impaired capacity for a personal matter or a financial matter, or with an impairment; and\nwho is a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) and has a participant’s plan.\ns 39 def funded adult participant ins 2019 No. 19 s 62 (2)\nimpairment means a cognitive, intellectual, neurological or psychiatric impairment.\nprivate dwelling house means premises at which an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, lives if the premises are used, or used principally, as a separate residence for—\nif a restrictive practice is being used at the premises in relation to the adult under a chapter 5B approval—the adult and 1 or more of the adult’s relations; or\nif specialist positive behaviour support is being provided at the premises under the adult’s participant’s plan and the support involves the use of a restrictive practice—the adult and 1 or more of the adult’s relations; or\nif specialist disability accommodation is being provided at the premises under the adult’s participant’s plan—the adult and 1 or more of the adult’s relations; or\nif paragraphs (a) , (b) and (c) do not apply—the adult and 1 or more of the adult’s relations, or the adult only.\ns 39 def private dwelling house sub 2019 No. 19 s 62 (1) – (2)\nrelation , of an adult, means—\na person who is related to the adult by blood, spousal relationship, adoption or a foster relationship; or\nif the adult is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the adult; or\nif the adult is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the adult.\ns 39 def relation ins 2019 No. 19 s 62 (2)\nrelevant class of supports means any of the following classes of supports under the National Disability Insurance Scheme Act 2013 (Cwlth) —\nhigh intensity daily personal activities;\nassistance with daily life tasks in a group or shared living arrangement;\nspecialist positive behaviour support that involves the use of a restrictive practice;\nspecialist disability accommodation.\ns 39 def relevant class of supports ins 2019 No. 19 s 62 (2)\nspecialist disability accommodation means SDA within the meaning of the national disability insurance scheme rules made for the National Disability Insurance Scheme Act 2013 (Cwlth) , section 35 about the funding of SDA.\ns 39 def specialist disability accommodation ins 2019 No. 19 s 62 (2)\nspecialist positive behaviour support has the same meaning as in the National Disability Insurance Scheme Act 2013 (Cwlth) .\ns 39 def specialist positive behaviour support ins 2019 No. 19 s 62 (2)\nvisitable site means—\nan authorised mental health service under the Mental Health Act 2016 that provides inpatient services; or\nthe forensic disability service; or\npremises, other than a private dwelling house, at which a funded adult participant lives and receives services or supports that—\nare paid for wholly or partly from funding under the national disability insurance scheme; and\nare provided under the adult’s participant’s plan; and\nare provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and\nare within the relevant class of supports; or\na place, other than a private dwelling house, that is prescribed under a regulation.\ns 39 def visitable site amd 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 62 (3) – (4)\nvisitable site document , for a visitable site, means—\na document relating to the visitable site, including the visitable site’s records, policies and procedures; or\na document relating to a consumer at the visitable site, including a document in the consumer’s personal or medical file, regardless of who owns the file.\n- (a) for a visitable site that is an authorised mental health service under the Mental Health Act 2016 —any person who lives or receives services at the visitable site; or\n- (b) for a visitable site that is the forensic disability service—any person who lives or receives services at the visitable site; or\n- (c) for another visitable site—an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, who lives or receives services at the visitable site.\n- (a) with impaired capacity for a personal matter or a financial matter, or with an impairment; and\n- (b) who is a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) and has a participant’s plan.\n- (a) if a restrictive practice is being used at the premises in relation to the adult under a chapter 5B approval—the adult and 1 or more of the adult’s relations; or\n- (b) if specialist positive behaviour support is being provided at the premises under the adult’s participant’s plan and the support involves the use of a restrictive practice—the adult and 1 or more of the adult’s relations; or\n- (c) if specialist disability accommodation is being provided at the premises under the adult’s participant’s plan—the adult and 1 or more of the adult’s relations; or\n- (d) if paragraphs (a) , (b) and (c) do not apply—the adult and 1 or more of the adult’s relations, or the adult only.\n- (a) a person who is related to the adult by blood, spousal relationship, adoption or a foster relationship; or\n- (b) if the adult is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the adult; or\n- (c) if the adult is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the adult.\n- (a) high intensity daily personal activities;\n- (b) assistance with daily life tasks in a group or shared living arrangement;\n- (c) specialist positive behaviour support that involves the use of a restrictive practice;\n- (d) specialist disability accommodation.\n- (a) an authorised mental health service under the Mental Health Act 2016 that provides inpatient services; or\n- (b) the forensic disability service; or\n- (c) premises, other than a private dwelling house, at which a funded adult participant lives and receives services or supports that— (i) are paid for wholly or partly from funding under the national disability insurance scheme; and (ii) are provided under the adult’s participant’s plan; and (iii) are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and (iv) are within the relevant class of supports; or\n- (i) are paid for wholly or partly from funding under the national disability insurance scheme; and\n- (ii) are provided under the adult’s participant’s plan; and\n- (iii) are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and\n- (iv) are within the relevant class of supports; or\n- (d) a place, other than a private dwelling house, that is prescribed under a regulation.\n- (i) are paid for wholly or partly from funding under the national disability insurance scheme; and\n- (ii) are provided under the adult’s participant’s plan; and\n- (iii) are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and\n- (iv) are within the relevant class of supports; or\n- (a) a document relating to the visitable site, including the visitable site’s records, policies and procedures; or\n- (b) a document relating to a consumer at the visitable site, including a document in the consumer’s personal or medical file, regardless of who owns the file.","sortOrder":41},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Purpose","content":"## Purpose","sortOrder":42},{"sectionNumber":"sec.40","sectionType":"section","heading":"Purpose and allocation of community visitors (adult)","content":"### sec.40 Purpose and allocation of community visitors (adult)\n\nThe purpose of providing a program involving community visitors (adult) for visitable sites is to protect the rights and interests of consumers at the visitable sites.\nThe public guardian may allocate 1 or more community visitors (adult) for a visitable site.\n(sec.40-ssec.1) The purpose of providing a program involving community visitors (adult) for visitable sites is to protect the rights and interests of consumers at the visitable sites.\n(sec.40-ssec.2) The public guardian may allocate 1 or more community visitors (adult) for a visitable site.","sortOrder":43},{"sectionNumber":"ch.3-pt.6-div.3","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":44},{"sectionNumber":"sec.41","sectionType":"section","heading":"Inquiry and complaint functions","content":"### sec.41 Inquiry and complaint functions\n\nA community visitor (adult) has inquiry and complaint functions.\nThe inquiry functions of a community visitor (adult) for a visitable site are to inquire into, and report to the public guardian on—\nthe adequacy of services for the assessment, treatment and support of consumers at the visitable site; and\nthe appropriateness and standard of services for the accommodation, health and wellbeing of consumers at the site; and\nthe extent to which consumers at the site receive services in the way least restrictive of their rights; and\nthe adequacy of information given to consumers at the site about their rights; and\nthe accessibility and effectiveness of procedures for complaints about services for consumers at the site; and\nat the request of the public guardian, another matter about the visitable site or consumers at the site.\nThe complaint functions of a community visitor (adult) for a visitable site are to—\ninquire into, and seek to resolve, complaints; and\nidentify and make appropriate and timely referrals of unresolved complaints to appropriate entities for further investigation or resolution; and\nrefer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter.\nIf a community visitor (adult) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a consumer or someone else at a visitable site by using relevant technology, the visitor may discharge the functions or function in that way.\nIn this section—\nrelevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively.\nvideo conferencing\ntext messaging\nemail\ns 41 amd 2019 No. 19 s 63\n(sec.41-ssec.1) A community visitor (adult) has inquiry and complaint functions.\n(sec.41-ssec.2) The inquiry functions of a community visitor (adult) for a visitable site are to inquire into, and report to the public guardian on— the adequacy of services for the assessment, treatment and support of consumers at the visitable site; and the appropriateness and standard of services for the accommodation, health and wellbeing of consumers at the site; and the extent to which consumers at the site receive services in the way least restrictive of their rights; and the adequacy of information given to consumers at the site about their rights; and the accessibility and effectiveness of procedures for complaints about services for consumers at the site; and at the request of the public guardian, another matter about the visitable site or consumers at the site.\n(sec.41-ssec.3) The complaint functions of a community visitor (adult) for a visitable site are to— inquire into, and seek to resolve, complaints; and identify and make appropriate and timely referrals of unresolved complaints to appropriate entities for further investigation or resolution; and refer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter.\n(sec.41-ssec.4) If a community visitor (adult) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a consumer or someone else at a visitable site by using relevant technology, the visitor may discharge the functions or function in that way.\n(sec.41-ssec.5) In this section— relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively. video conferencing text messaging email s 41 amd 2019 No. 19 s 63\n- (a) the adequacy of services for the assessment, treatment and support of consumers at the visitable site; and\n- (b) the appropriateness and standard of services for the accommodation, health and wellbeing of consumers at the site; and\n- (c) the extent to which consumers at the site receive services in the way least restrictive of their rights; and\n- (d) the adequacy of information given to consumers at the site about their rights; and\n- (e) the accessibility and effectiveness of procedures for complaints about services for consumers at the site; and\n- (f) at the request of the public guardian, another matter about the visitable site or consumers at the site.\n- (a) inquire into, and seek to resolve, complaints; and\n- (b) identify and make appropriate and timely referrals of unresolved complaints to appropriate entities for further investigation or resolution; and\n- (c) refer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter.\n- • video conferencing\n- • text messaging\n- • email","sortOrder":45},{"sectionNumber":"sec.42","sectionType":"section","heading":"Requirement to regularly visit visitable site","content":"### sec.42 Requirement to regularly visit visitable site\n\nA community visitor (adult) for a visitable site must regularly visit the visitable site to perform the visitor’s functions.\nThe public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (adult).\n(sec.42-ssec.1) A community visitor (adult) for a visitable site must regularly visit the visitable site to perform the visitor’s functions.\n(sec.42-ssec.2) The public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (adult).","sortOrder":46},{"sectionNumber":"sec.43","sectionType":"section","heading":"Requirement to visit visitable site if asked","content":"### sec.43 Requirement to visit visitable site if asked\n\nA consumer at a visitable site, or a person for the consumer, may—\nask the public guardian to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions; or\nask a staff member at the visitable site to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions.\nThe following entities may also make a request under subsection (1) (a) or (b) —\na consumer’s administrator;\na consumer’s attorney under an enduring power of attorney;\na consumer’s attorney under an advance health directive;\na consumer’s statutory health attorney;\na consumer’s guardian;\nan interested person for the consumer;\nan organisation that provides advocacy for consumers.\nIf the request is made to a staff member at the visitable site, the staff member must, within 3 business days after the request is made, tell the public guardian about the request.\nMaximum penalty—40 penalty units.\nA community visitor (adult) for the visitable site must visit the site as soon as practicable if informed of a request to visit.\ns 43 amd 2019 No. 9 s 92\n(sec.43-ssec.1) A consumer at a visitable site, or a person for the consumer, may— ask the public guardian to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions; or ask a staff member at the visitable site to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions.\n(sec.43-ssec.2) The following entities may also make a request under subsection (1) (a) or (b) — a consumer’s administrator; a consumer’s attorney under an enduring power of attorney; a consumer’s attorney under an advance health directive; a consumer’s statutory health attorney; a consumer’s guardian; an interested person for the consumer; an organisation that provides advocacy for consumers.\n(sec.43-ssec.3) If the request is made to a staff member at the visitable site, the staff member must, within 3 business days after the request is made, tell the public guardian about the request. Maximum penalty—40 penalty units.\n(sec.43-ssec.4) A community visitor (adult) for the visitable site must visit the site as soon as practicable if informed of a request to visit.\n- (a) ask the public guardian to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions; or\n- (b) ask a staff member at the visitable site to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions.\n- (a) a consumer’s administrator;\n- (b) a consumer’s attorney under an enduring power of attorney;\n- (c) a consumer’s attorney under an advance health directive;\n- (d) a consumer’s statutory health attorney;\n- (e) a consumer’s guardian;\n- (f) an interested person for the consumer;\n- (g) an organisation that provides advocacy for consumers.","sortOrder":47},{"sectionNumber":"ch.3-pt.6-div.4","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":48},{"sectionNumber":"sec.44","sectionType":"section","heading":"Power to do all things necessary or convenient","content":"### sec.44 Power to do all things necessary or convenient\n\nA community visitor (adult) for a visitable site may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things—\nenter the site during normal hours without notice;\nwith the public guardian’s authorisation, enter the site outside normal hours without notice;\nrequire a staff member at the site to answer questions, and produce visitable site documents, relevant to the visitor’s functions;\ninspect and take extracts from, or make copies of, any visitable site document;\nconfer alone with a consumer or a staff member at the site;\nrequire a staff member at the site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (e) ;\nask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions.\nA person who complies with a requirement under subsection (1) (c) or (f) does not incur any liability, either to the consumer or anyone else, because of the compliance.\nA person must comply with a requirement under subsection (1) (c) or (f) , unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person not to comply with a requirement under subsection (1) (c) or (f) because compliance with the requirement might tend to incriminate the person.\ns 44 amd 2019 No. 19 s 64\n(sec.44-ssec.1) A community visitor (adult) for a visitable site may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things— enter the site during normal hours without notice; with the public guardian’s authorisation, enter the site outside normal hours without notice; require a staff member at the site to answer questions, and produce visitable site documents, relevant to the visitor’s functions; inspect and take extracts from, or make copies of, any visitable site document; confer alone with a consumer or a staff member at the site; require a staff member at the site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (e) ; ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions.\n(sec.44-ssec.2) A person who complies with a requirement under subsection (1) (c) or (f) does not incur any liability, either to the consumer or anyone else, because of the compliance.\n(sec.44-ssec.3) A person must comply with a requirement under subsection (1) (c) or (f) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.44-ssec.4) It is a reasonable excuse for a person not to comply with a requirement under subsection (1) (c) or (f) because compliance with the requirement might tend to incriminate the person.\n- (a) enter the site during normal hours without notice;\n- (b) with the public guardian’s authorisation, enter the site outside normal hours without notice;\n- (c) require a staff member at the site to answer questions, and produce visitable site documents, relevant to the visitor’s functions;\n- (d) inspect and take extracts from, or make copies of, any visitable site document;\n- (e) confer alone with a consumer or a staff member at the site;\n- (f) require a staff member at the site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (e) ;\n- (g) ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions.","sortOrder":49},{"sectionNumber":"sec.45","sectionType":"section","heading":"Public guardian may authorise access outside normal hours","content":"### sec.45 Public guardian may authorise access outside normal hours\n\nThis section applies if the public guardian considers a community visitor (adult) can not adequately inquire into a complaint by entering a visitable site during normal hours.\nThe public guardian may authorise the visitor to enter the site outside normal hours to inquire into the complaint.\nIn authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised.\n(sec.45-ssec.1) This section applies if the public guardian considers a community visitor (adult) can not adequately inquire into a complaint by entering a visitable site during normal hours.\n(sec.45-ssec.2) The public guardian may authorise the visitor to enter the site outside normal hours to inquire into the complaint.\n(sec.45-ssec.3) In authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised.","sortOrder":50},{"sectionNumber":"sec.46","sectionType":"section","heading":"Consumer’s views and wishes","content":"### sec.46 Consumer’s views and wishes\n\nTo the greatest extent practicable, a community visitor (adult) must seek and take into account the views and wishes of a consumer before—\nasking a staff member at the visitable site a question relevant to a function of the visitor in relation to the consumer; or\ninspecting, taking extracts from, or making copies of, a visitable site document relevant to a function of the visitor in relation to the consumer.\nA consumer’s views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct.\nHowever, regardless of the consumer’s views and wishes, the visitor must act in a way consistent with the consumer’s proper care and protection.\n(sec.46-ssec.1) To the greatest extent practicable, a community visitor (adult) must seek and take into account the views and wishes of a consumer before— asking a staff member at the visitable site a question relevant to a function of the visitor in relation to the consumer; or inspecting, taking extracts from, or making copies of, a visitable site document relevant to a function of the visitor in relation to the consumer.\n(sec.46-ssec.2) A consumer’s views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct.\n(sec.46-ssec.3) However, regardless of the consumer’s views and wishes, the visitor must act in a way consistent with the consumer’s proper care and protection.\n- (a) asking a staff member at the visitable site a question relevant to a function of the visitor in relation to the consumer; or\n- (b) inspecting, taking extracts from, or making copies of, a visitable site document relevant to a function of the visitor in relation to the consumer.","sortOrder":51},{"sectionNumber":"sec.47","sectionType":"section","heading":"Reports by community visitors (adult)","content":"### sec.47 Reports by community visitors (adult)\n\nAs soon as practicable after a visit to a visitable site by a community visitor (adult) for the visitable site, the visitor must—\nprepare a report on the visit; and\ngive a copy of the report to the public guardian.\nIf the visitor entered the site outside normal hours, the visitor must state the authority for the entry in the report.\nAs soon as practicable after receiving a copy of a report in relation to the site, the public guardian must give a copy of the report to a person in charge of the site.\nThe public guardian may also give a copy of the report to any of the following—\nif the report relates to a complaint—the consumer;\nthe public advocate;\nthe chief psychiatrist under the Mental Health Act 2016 ;\nthe director of forensic disability under the Forensic Disability Act 2011 ;\nif a restrictive practice is being used at the visitable site under a chapter 5B approval—\nthe tribunal; or\na guardian or administrator for a consumer in relation to whom the restrictive practice is used; or\nthe chief executive (disability services);\nan interested person for the consumer;\nif the report relates to a visit requested by a person mentioned in section 43 (2) (a) , (b) , (c) , (d) , (e) or (g) —the person who made the request;\nif the report relates to the provision of services or supports by a registered NDIS provider at the visitable site and section 49A applies to the provider in relation to the services or supports—the NDIS commissioner.\ns 47 amd 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 65 ; 2019 No. 9 s 93\n(sec.47-ssec.1) As soon as practicable after a visit to a visitable site by a community visitor (adult) for the visitable site, the visitor must— prepare a report on the visit; and give a copy of the report to the public guardian.\n(sec.47-ssec.2) If the visitor entered the site outside normal hours, the visitor must state the authority for the entry in the report.\n(sec.47-ssec.3) As soon as practicable after receiving a copy of a report in relation to the site, the public guardian must give a copy of the report to a person in charge of the site.\n(sec.47-ssec.4) The public guardian may also give a copy of the report to any of the following— if the report relates to a complaint—the consumer; the public advocate; the chief psychiatrist under the Mental Health Act 2016 ; the director of forensic disability under the Forensic Disability Act 2011 ; if a restrictive practice is being used at the visitable site under a chapter 5B approval— the tribunal; or a guardian or administrator for a consumer in relation to whom the restrictive practice is used; or the chief executive (disability services); an interested person for the consumer; if the report relates to a visit requested by a person mentioned in section 43 (2) (a) , (b) , (c) , (d) , (e) or (g) —the person who made the request; if the report relates to the provision of services or supports by a registered NDIS provider at the visitable site and section 49A applies to the provider in relation to the services or supports—the NDIS commissioner.\n- (a) prepare a report on the visit; and\n- (b) give a copy of the report to the public guardian.\n- (a) if the report relates to a complaint—the consumer;\n- (b) the public advocate;\n- (c) the chief psychiatrist under the Mental Health Act 2016 ;\n- (d) the director of forensic disability under the Forensic Disability Act 2011 ;\n- (e) if a restrictive practice is being used at the visitable site under a chapter 5B approval— (i) the tribunal; or (ii) a guardian or administrator for a consumer in relation to whom the restrictive practice is used; or (iii) the chief executive (disability services);\n- (i) the tribunal; or\n- (ii) a guardian or administrator for a consumer in relation to whom the restrictive practice is used; or\n- (iii) the chief executive (disability services);\n- (f) an interested person for the consumer;\n- (g) if the report relates to a visit requested by a person mentioned in section 43 (2) (a) , (b) , (c) , (d) , (e) or (g) —the person who made the request;\n- (h) if the report relates to the provision of services or supports by a registered NDIS provider at the visitable site and section 49A applies to the provider in relation to the services or supports—the NDIS commissioner.\n- (i) the tribunal; or\n- (ii) a guardian or administrator for a consumer in relation to whom the restrictive practice is used; or\n- (iii) the chief executive (disability services);","sortOrder":52},{"sectionNumber":"sec.48","sectionType":"section","heading":"Public guardian’s directions about the exercise of powers","content":"### sec.48 Public guardian’s directions about the exercise of powers\n\nA community visitor (adult) is subject to the public guardian’s directions in the exercise of a power.","sortOrder":53},{"sectionNumber":"ch.3-pt.6-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":54},{"sectionNumber":"sec.49","sectionType":"section","heading":"Privacy of correspondence between community visitor (adult) and consumers","content":"### sec.49 Privacy of correspondence between community visitor (adult) and consumers\n\nA staff member at a visitable site must not open, read, copy or remove any correspondence sent, or being sent, between a community visitor (adult) and a consumer residing at the site, unless the consumer asks the staff member to do so.\nMaximum penalty—20 penalty units.","sortOrder":55},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Requirement for particular registered NDIS providers to give information to public guardian","content":"### sec.49A Requirement for particular registered NDIS providers to give information to public guardian\n\nThis section applies to a registered NDIS provider that provides services or supports to a consumer under the consumer’s participant’s plan at a visitable site if—\nthe services or supports are paid for wholly or partly from funding under the national disability insurance scheme; and\nthe registered NDIS provider is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and\nthe services or supports are within the relevant class of supports.\nThe registered NDIS provider must give the public guardian, in the way and at the times prescribed by regulation, required information that is in the provider’s custody or control, unless the provider has a reasonable excuse.\nMaximum penalty—25 penalty units.\nIn this section—\nrequired information means information about the provision of the services or supports prescribed by regulation.\ns 49A ins 2019 No. 19 s 66\n(sec.49A-ssec.1) This section applies to a registered NDIS provider that provides services or supports to a consumer under the consumer’s participant’s plan at a visitable site if— the services or supports are paid for wholly or partly from funding under the national disability insurance scheme; and the registered NDIS provider is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and the services or supports are within the relevant class of supports.\n(sec.49A-ssec.2) The registered NDIS provider must give the public guardian, in the way and at the times prescribed by regulation, required information that is in the provider’s custody or control, unless the provider has a reasonable excuse. Maximum penalty—25 penalty units.\n(sec.49A-ssec.3) In this section— required information means information about the provision of the services or supports prescribed by regulation.\n- (a) the services or supports are paid for wholly or partly from funding under the national disability insurance scheme; and\n- (b) the registered NDIS provider is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and\n- (c) the services or supports are within the relevant class of supports.","sortOrder":56},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":57},{"sectionNumber":"sec.50","sectionType":"section","heading":"Overview of ch 4","content":"### sec.50 Overview of ch 4\n\nThis chapter contains provisions relating to the public guardian’s functions and powers for relevant children and children staying at visitable sites.","sortOrder":58},{"sectionNumber":"sec.51","sectionType":"section","heading":"Definitions for ch 4","content":"### sec.51 Definitions for ch 4\n\nIn this chapter—\nauthorised mental health service see the Mental Health Act 2016 , schedule 3 .\ns 51 def authorised mental health service amd 2016 No. 5 s 923 sch 4\nboot camp centre ...\ns 51 def boot camp centre om 2016 No. 38 s 67 (1)\nchild accommodation service means a service the main purpose of which is to provide accommodation, but does not include—\nthe care of children by an approved carer under the Child Protection Act acting in that capacity; or\nthe provision of accommodation to children under residential tenancy agreements under the Residential Tenancies and Rooming Accommodation Act 2008 .\nchild under care , staying at a visitable home, means—\na child in the custody or guardianship of the chief executive (child safety) under the Child Protection Act who, under section 82 of that Act, has been placed in the care of someone other than a parent of the child; or\na child who, under a care agreement under the Child Protection Act , has been placed in the care of someone other than a parent of the child.\ncorrective services facility see the Corrective Services Act 2006 , schedule 4 .\ndetention centre means a detention centre under the Youth Justice Act 1992 .\ns 51 def detention centre amd 2023 No. 14 s 52 sch 1\nprescribed department means—\nthe child safety department; or\nthe community services department; or\nthe disability services department; or\nthe health department; or\nthe housing department; or\nthe youth justice department.\ns 51 def prescribed department amd 2019 No. 23 s 47\nresidential facility means a place at which a child accommodation service is provided—\nby a prescribed department; or\nunder funding provided by a prescribed department; or\nunder funding provided by the Commonwealth and administered by a prescribed department; or\nunder a licence under the Child Protection Act ; or\nto a child who is, under the Child Protection Act , in the custody or guardianship of the chief executive (child safety), if the place is prescribed under a regulation for this paragraph; or\nto a child, under the child’s participant’s plan, for the purpose of providing respite services in relation to the child.\ns 51 def residential facility amd 2019 No. 19 s 67\nvisitable home , for a child under care, means—\nif the child is in the custody or guardianship of the chief executive (child safety) under the Child Protection Act and, under section 82 of that Act, has been placed in the care of someone other than a parent of the child—the home or other accommodation where the child is staying with the other person; or\nif the child, under a care agreement under the Child Protection Act , has been placed in the care of someone other than a parent of the child—the home or other accommodation where the child is staying with the other person.\nvisitable location means a visitable home or visitable site as defined in this section.\nvisitable site , for a child, means—\na residential facility where the child is staying; or\na detention centre where the child is staying; or\na corrective services facility where the child is staying; or\nan authorised mental health service where the child is staying.\ns 51 def visitable site amd 2016 No. 38 s 67 (2) – (3)\nvisitable site document , for a visitable site, means—\na document relating to the visitable site, including the visitable site’s records, policies and procedures; or\na document relating to a child staying at the visitable site, including a document in the child’s personal or medical file, regardless of who owns the file.\n- (a) the care of children by an approved carer under the Child Protection Act acting in that capacity; or\n- (b) the provision of accommodation to children under residential tenancy agreements under the Residential Tenancies and Rooming Accommodation Act 2008 .\n- (a) a child in the custody or guardianship of the chief executive (child safety) under the Child Protection Act who, under section 82 of that Act, has been placed in the care of someone other than a parent of the child; or\n- (b) a child who, under a care agreement under the Child Protection Act , has been placed in the care of someone other than a parent of the child.\n- (a) the child safety department; or\n- (b) the community services department; or\n- (c) the disability services department; or\n- (d) the health department; or\n- (e) the housing department; or\n- (f) the youth justice department.\n- (a) by a prescribed department; or\n- (b) under funding provided by a prescribed department; or\n- (c) under funding provided by the Commonwealth and administered by a prescribed department; or\n- (d) under a licence under the Child Protection Act ; or\n- (e) to a child who is, under the Child Protection Act , in the custody or guardianship of the chief executive (child safety), if the place is prescribed under a regulation for this paragraph; or\n- (f) to a child, under the child’s participant’s plan, for the purpose of providing respite services in relation to the child.\n- (a) if the child is in the custody or guardianship of the chief executive (child safety) under the Child Protection Act and, under section 82 of that Act, has been placed in the care of someone other than a parent of the child—the home or other accommodation where the child is staying with the other person; or\n- (b) if the child, under a care agreement under the Child Protection Act , has been placed in the care of someone other than a parent of the child—the home or other accommodation where the child is staying with the other person.\n- (a) a residential facility where the child is staying; or\n- (b) a detention centre where the child is staying; or\n- (c) a corrective services facility where the child is staying; or\n- (d) an authorised mental health service where the child is staying.\n- (a) a document relating to the visitable site, including the visitable site’s records, policies and procedures; or\n- (b) a document relating to a child staying at the visitable site, including a document in the child’s personal or medical file, regardless of who owns the file.","sortOrder":59},{"sectionNumber":"sec.52","sectionType":"section","heading":"When is a child a relevant child","content":"### sec.52 When is a child a relevant child\n\nA child is a relevant child if—\nthe child is subject to any of the following—\na temporary assessment order under the Child Protection Act , section 27 (1) ;\na court assessment order under the Child Protection Act , section 44 ;\na temporary custody order under the Child Protection Act , section 51AE ;\na child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force—\nunder a transition order made under section 65A of that Act; or\nby operation of section 65A (4) of that Act;\nan intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ;\na care agreement under the Child Protection Act , section 51ZE ; or\nthe child is the subject of an application for an order mentioned in subsection (1) (a) (i) to (iv) .\nA child stops being a relevant child if—\nsubject to subsection (3) —\nthe child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or\nif the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or\nsubject to subsection (4) , the child turns 18.\nA child to whom subsection (2) (a) refers continues to be a relevant child if—\nimmediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes—\nit is appropriate to finish providing the help to the child; or\nthe child—\nmay be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and\ncontinues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or\nthe public guardian believes the child requires particular help to review—\na decision ending the order, intervention or agreement; or\na decision to withdraw or refuse an application mentioned in subsection (1) (b) .\nA person to whom subsection (2) (b) refers continues to be a relevant child if—\nthe person asks the public guardian for help in the person’s transition from being a relevant child; and\nthe public guardian is satisfied the person continues to be in need of particular help for the transition.\nA person stops being a relevant child under subsection (3) or (4) when the public guardian—\nhas finished providing the particular help mentioned in subsection (3) (a) or (b) or (4) (b) ; and\nadvises the person that he or she is no longer a relevant child for this Act.\ns 52 amd 2017 No. 17 s 214\n(sec.52-ssec.1) A child is a relevant child if— the child is subject to any of the following— a temporary assessment order under the Child Protection Act , section 27 (1) ; a court assessment order under the Child Protection Act , section 44 ; a temporary custody order under the Child Protection Act , section 51AE ; a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— under a transition order made under section 65A of that Act; or by operation of section 65A (4) of that Act; an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ; a care agreement under the Child Protection Act , section 51ZE ; or the child is the subject of an application for an order mentioned in subsection (1) (a) (i) to (iv) .\n(sec.52-ssec.2) A child stops being a relevant child if— subject to subsection (3) — the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or subject to subsection (4) , the child turns 18.\n(sec.52-ssec.3) A child to whom subsection (2) (a) refers continues to be a relevant child if— immediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes— it is appropriate to finish providing the help to the child; or the child— may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or the public guardian believes the child requires particular help to review— a decision ending the order, intervention or agreement; or a decision to withdraw or refuse an application mentioned in subsection (1) (b) .\n(sec.52-ssec.4) A person to whom subsection (2) (b) refers continues to be a relevant child if— the person asks the public guardian for help in the person’s transition from being a relevant child; and the public guardian is satisfied the person continues to be in need of particular help for the transition.\n(sec.52-ssec.5) A person stops being a relevant child under subsection (3) or (4) when the public guardian— has finished providing the particular help mentioned in subsection (3) (a) or (b) or (4) (b) ; and advises the person that he or she is no longer a relevant child for this Act. s 52 amd 2017 No. 17 s 214\n- (a) the child is subject to any of the following— (i) a temporary assessment order under the Child Protection Act , section 27 (1) ; (ii) a court assessment order under the Child Protection Act , section 44 ; (iii) a temporary custody order under the Child Protection Act , section 51AE ; (iv) a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— (A) under a transition order made under section 65A of that Act; or (B) by operation of section 65A (4) of that Act; (v) an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ; (vi) a care agreement under the Child Protection Act , section 51ZE ; or\n- (i) a temporary assessment order under the Child Protection Act , section 27 (1) ;\n- (ii) a court assessment order under the Child Protection Act , section 44 ;\n- (iii) a temporary custody order under the Child Protection Act , section 51AE ;\n- (iv) a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— (A) under a transition order made under section 65A of that Act; or (B) by operation of section 65A (4) of that Act;\n- (A) under a transition order made under section 65A of that Act; or\n- (B) by operation of section 65A (4) of that Act;\n- (v) an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ;\n- (vi) a care agreement under the Child Protection Act , section 51ZE ; or\n- (b) the child is the subject of an application for an order mentioned in subsection (1) (a) (i) to (iv) .\n- (i) a temporary assessment order under the Child Protection Act , section 27 (1) ;\n- (ii) a court assessment order under the Child Protection Act , section 44 ;\n- (iii) a temporary custody order under the Child Protection Act , section 51AE ;\n- (iv) a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— (A) under a transition order made under section 65A of that Act; or (B) by operation of section 65A (4) of that Act;\n- (A) under a transition order made under section 65A of that Act; or\n- (B) by operation of section 65A (4) of that Act;\n- (v) an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ;\n- (vi) a care agreement under the Child Protection Act , section 51ZE ; or\n- (A) under a transition order made under section 65A of that Act; or\n- (B) by operation of section 65A (4) of that Act;\n- (a) subject to subsection (3) — (i) the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or (ii) if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or\n- (i) the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or\n- (ii) if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or\n- (b) subject to subsection (4) , the child turns 18.\n- (i) the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or\n- (ii) if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or\n- (a) immediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes— (i) it is appropriate to finish providing the help to the child; or (ii) the child— (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or\n- (i) it is appropriate to finish providing the help to the child; or\n- (ii) the child— (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or\n- (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and\n- (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or\n- (b) the public guardian believes the child requires particular help to review— (i) a decision ending the order, intervention or agreement; or (ii) a decision to withdraw or refuse an application mentioned in subsection (1) (b) .\n- (i) a decision ending the order, intervention or agreement; or\n- (ii) a decision to withdraw or refuse an application mentioned in subsection (1) (b) .\n- (i) it is appropriate to finish providing the help to the child; or\n- (ii) the child— (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or\n- (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and\n- (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or\n- (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and\n- (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or\n- (i) a decision ending the order, intervention or agreement; or\n- (ii) a decision to withdraw or refuse an application mentioned in subsection (1) (b) .\n- (a) the person asks the public guardian for help in the person’s transition from being a relevant child; and\n- (b) the public guardian is satisfied the person continues to be in need of particular help for the transition.\n- (a) has finished providing the particular help mentioned in subsection (3) (a) or (b) or (4) (b) ; and\n- (b) advises the person that he or she is no longer a relevant child for this Act.","sortOrder":60},{"sectionNumber":"sec.53","sectionType":"section","heading":"Who is a parent","content":"### sec.53 Who is a parent\n\nA parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child.\nHowever, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.\nA parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\nA parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.\n(sec.53-ssec.1) A parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child.\n(sec.53-ssec.2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.\n(sec.53-ssec.3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\n(sec.53-ssec.4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.","sortOrder":61},{"sectionNumber":"sec.54","sectionType":"section","heading":"Child’s views and wishes","content":"### sec.54 Child’s views and wishes\n\nTo the greatest extent practicable, the public guardian or another entity who performs a child advocate function or exercises a power under this Act in relation to a child must seek, and take into account, the views and wishes of the child when performing the function or exercising the power.\nThe child’s views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct.\nThe child’s views and wishes should be taken into account in a way that has regard to the child’s age and maturity.\nIn this section—\nchild means a relevant child or a child staying at a visitable site.\n(sec.54-ssec.1) To the greatest extent practicable, the public guardian or another entity who performs a child advocate function or exercises a power under this Act in relation to a child must seek, and take into account, the views and wishes of the child when performing the function or exercising the power.\n(sec.54-ssec.2) The child’s views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct.\n(sec.54-ssec.3) The child’s views and wishes should be taken into account in a way that has regard to the child’s age and maturity.\n(sec.54-ssec.4) In this section— child means a relevant child or a child staying at a visitable site.","sortOrder":62},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Community visitor program (child)","content":"# Community visitor program (child)","sortOrder":63},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Purpose","content":"## Purpose","sortOrder":64},{"sectionNumber":"sec.55","sectionType":"section","heading":"Purpose and allocation of community visitors (child)","content":"### sec.55 Purpose and allocation of community visitors (child)\n\nThe purpose of providing a program involving community visitors (child) for visitable locations is to protect the rights and interests of children staying at visitable locations.\nThe public guardian may allocate 1 or more community visitors (child) for a visitable location.\n(sec.55-ssec.1) The purpose of providing a program involving community visitors (child) for visitable locations is to protect the rights and interests of children staying at visitable locations.\n(sec.55-ssec.2) The public guardian may allocate 1 or more community visitors (child) for a visitable location.","sortOrder":65},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":66},{"sectionNumber":"sec.56","sectionType":"section","heading":"Functions of community visitor (child), etc.","content":"### sec.56 Functions of community visitor (child), etc.\n\nA community visitor (child) has the following functions relating to a child under care staying at a visitable home or a child staying at a visitable site—\nto develop a trusting and supportive relationship with the child, so far as is possible;\nto advocate on behalf of the child by listening to, giving voice to, and facilitating the resolution of, the child’s concerns and grievances;\nto seek information about, and facilitate access by the child to, support services appropriate to the child’s needs provided by service providers;\nto inquire into and report on the adequacy of information given to the child about the child’s rights;\nto inquire into and report on the physical and emotional wellbeing of the child;\nfor a visitable home—\nto inspect the home and report on its appropriateness for the accommodation of the child; and\nto ensure the child’s needs are being met by persons caring for the child at the home;\nfor a visitable site—\nto inspect the site and report on its appropriateness for the accommodation of the child or the delivery of services to the child, having regard to relevant State and Commonwealth laws, policies and standards; and\nto ensure the child’s needs are being met by staff members at the site;\nat the request of the public guardian, to inquire into and report on any other matter relating to a child under care staying at a visitable home or a child staying at a visitable site.\nA community visitor (child) may perform any other child advocate function if directed by the public guardian.\nA community visitor (child) also has the function of giving advice and reports to the public guardian about anything relating to the visitor’s functions and powers.\nWithout limiting subsection (1) (b) , the function of a community visitor (child) mentioned in that subsection includes referring a matter in relation to a child’s concerns and grievances to the NDIS commissioner if the visitor considers the NDIS commissioner has functions in relation to the matter.\nIf a community visitor (child) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a child or someone else at a visitable home or visitable site by using relevant technology, the visitor may discharge the functions or function in that way.\nIn this section—\nrelevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively.\nvideo conferencing\ntext messaging\nemail\nservice provider includes an entity providing a service under an arrangement that involves a written agreement to which a service provider is a party.\nservices provided to children under foster care arrangements\ns 56 amd 2019 No. 19 s 68\n(sec.56-ssec.1) A community visitor (child) has the following functions relating to a child under care staying at a visitable home or a child staying at a visitable site— to develop a trusting and supportive relationship with the child, so far as is possible; to advocate on behalf of the child by listening to, giving voice to, and facilitating the resolution of, the child’s concerns and grievances; to seek information about, and facilitate access by the child to, support services appropriate to the child’s needs provided by service providers; to inquire into and report on the adequacy of information given to the child about the child’s rights; to inquire into and report on the physical and emotional wellbeing of the child; for a visitable home— to inspect the home and report on its appropriateness for the accommodation of the child; and to ensure the child’s needs are being met by persons caring for the child at the home; for a visitable site— to inspect the site and report on its appropriateness for the accommodation of the child or the delivery of services to the child, having regard to relevant State and Commonwealth laws, policies and standards; and to ensure the child’s needs are being met by staff members at the site; at the request of the public guardian, to inquire into and report on any other matter relating to a child under care staying at a visitable home or a child staying at a visitable site.\n(sec.56-ssec.2) A community visitor (child) may perform any other child advocate function if directed by the public guardian.\n(sec.56-ssec.3) A community visitor (child) also has the function of giving advice and reports to the public guardian about anything relating to the visitor’s functions and powers.\n(sec.56-ssec.4) Without limiting subsection (1) (b) , the function of a community visitor (child) mentioned in that subsection includes referring a matter in relation to a child’s concerns and grievances to the NDIS commissioner if the visitor considers the NDIS commissioner has functions in relation to the matter.\n(sec.56-ssec.5) If a community visitor (child) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a child or someone else at a visitable home or visitable site by using relevant technology, the visitor may discharge the functions or function in that way.\n(sec.56-ssec.6) In this section— relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively. video conferencing text messaging email service provider includes an entity providing a service under an arrangement that involves a written agreement to which a service provider is a party. services provided to children under foster care arrangements\n- (a) to develop a trusting and supportive relationship with the child, so far as is possible;\n- (b) to advocate on behalf of the child by listening to, giving voice to, and facilitating the resolution of, the child’s concerns and grievances;\n- (c) to seek information about, and facilitate access by the child to, support services appropriate to the child’s needs provided by service providers;\n- (d) to inquire into and report on the adequacy of information given to the child about the child’s rights;\n- (e) to inquire into and report on the physical and emotional wellbeing of the child;\n- (f) for a visitable home— (i) to inspect the home and report on its appropriateness for the accommodation of the child; and (ii) to ensure the child’s needs are being met by persons caring for the child at the home;\n- (i) to inspect the home and report on its appropriateness for the accommodation of the child; and\n- (ii) to ensure the child’s needs are being met by persons caring for the child at the home;\n- (g) for a visitable site— (i) to inspect the site and report on its appropriateness for the accommodation of the child or the delivery of services to the child, having regard to relevant State and Commonwealth laws, policies and standards; and (ii) to ensure the child’s needs are being met by staff members at the site;\n- (i) to inspect the site and report on its appropriateness for the accommodation of the child or the delivery of services to the child, having regard to relevant State and Commonwealth laws, policies and standards; and\n- (ii) to ensure the child’s needs are being met by staff members at the site;\n- (h) at the request of the public guardian, to inquire into and report on any other matter relating to a child under care staying at a visitable home or a child staying at a visitable site.\n- (i) to inspect the home and report on its appropriateness for the accommodation of the child; and\n- (ii) to ensure the child’s needs are being met by persons caring for the child at the home;\n- (i) to inspect the site and report on its appropriateness for the accommodation of the child or the delivery of services to the child, having regard to relevant State and Commonwealth laws, policies and standards; and\n- (ii) to ensure the child’s needs are being met by staff members at the site;\n- • video conferencing\n- • text messaging\n- • email","sortOrder":67},{"sectionNumber":"sec.57","sectionType":"section","heading":"Requirement to visit children under care in visitable homes","content":"### sec.57 Requirement to visit children under care in visitable homes\n\nThe public guardian may direct a community visitor (child) to visit a child under care staying at a visitable home.\nIn deciding whether to direct a community visitor (child) to visit a child under care at a visitable home, the public guardian may have regard to the following matters—\nthe child’s age;\nthe number of children staying at the home;\nthe appropriateness of the accommodation at the home;\nwhether the chief executive (child safety) has a reasonable suspicion under the Child Protection Act , section 14 that the child is in need of protection;\nthe number of visitable locations the child has stayed at;\nwhether the child has moved out of visitable locations without the approval of the chief executive (child safety);\nthe child’s cultural or linguistic background;\nwhether, under the Youth Justice Act 1992 —\na caution has been administered to the child; or\nan offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or\nan opportunity to attend a program has been offered to the child; or\nother action has been taken against the child;\nany other matter the public guardian considers relevant, including, for example, any physical disability or impairment.\nThe public guardian may decide the regularity or frequency of visits to the child.\nIn this section—\nimpairment means a cognitive, intellectual, neurological or psychiatric impairment.\ns 57 amd 2016 No. 39 s 37 sch 1\n(sec.57-ssec.1) The public guardian may direct a community visitor (child) to visit a child under care staying at a visitable home.\n(sec.57-ssec.2) In deciding whether to direct a community visitor (child) to visit a child under care at a visitable home, the public guardian may have regard to the following matters— the child’s age; the number of children staying at the home; the appropriateness of the accommodation at the home; whether the chief executive (child safety) has a reasonable suspicion under the Child Protection Act , section 14 that the child is in need of protection; the number of visitable locations the child has stayed at; whether the child has moved out of visitable locations without the approval of the chief executive (child safety); the child’s cultural or linguistic background; whether, under the Youth Justice Act 1992 — a caution has been administered to the child; or an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or an opportunity to attend a program has been offered to the child; or other action has been taken against the child; any other matter the public guardian considers relevant, including, for example, any physical disability or impairment.\n(sec.57-ssec.3) The public guardian may decide the regularity or frequency of visits to the child.\n(sec.57-ssec.4) In this section— impairment means a cognitive, intellectual, neurological or psychiatric impairment.\n- (a) the child’s age;\n- (b) the number of children staying at the home;\n- (c) the appropriateness of the accommodation at the home;\n- (d) whether the chief executive (child safety) has a reasonable suspicion under the Child Protection Act , section 14 that the child is in need of protection;\n- (e) the number of visitable locations the child has stayed at;\n- (f) whether the child has moved out of visitable locations without the approval of the chief executive (child safety);\n- (g) the child’s cultural or linguistic background;\n- (h) whether, under the Youth Justice Act 1992 — (i) a caution has been administered to the child; or (ii) an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or (iii) an opportunity to attend a program has been offered to the child; or (iv) other action has been taken against the child;\n- (i) a caution has been administered to the child; or\n- (ii) an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or\n- (iii) an opportunity to attend a program has been offered to the child; or\n- (iv) other action has been taken against the child;\n- (i) any other matter the public guardian considers relevant, including, for example, any physical disability or impairment.\n- (i) a caution has been administered to the child; or\n- (ii) an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or\n- (iii) an opportunity to attend a program has been offered to the child; or\n- (iv) other action has been taken against the child;","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Requirement to regularly visit visitable site","content":"### sec.58 Requirement to regularly visit visitable site\n\nA community visitor (child) for a visitable site must regularly visit the visitable site to perform the visitor’s functions.\nThe public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (child).\n(sec.58-ssec.1) A community visitor (child) for a visitable site must regularly visit the visitable site to perform the visitor’s functions.\n(sec.58-ssec.2) The public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (child).","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Requirement to visit visitable home or communicate if asked","content":"### sec.59 Requirement to visit visitable home or communicate if asked\n\nA child under care staying at a visitable home may—\nask the public guardian to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or\nask an authorised officer under the Child Protection Act to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or\nask a carer of the child to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or\ninform a carer of the child that the child wishes to communicate with a particular community visitor (child).\nIf subsection (1) (b) applies, the authorised officer must tell the public guardian about the request as soon as practicable.\nIf subsection (1) (c) applies, the carer must tell the public guardian about the request as soon as practicable.\nIf subsection (1) (d) applies, the carer must take reasonable steps to inform the particular visitor about the request as soon as practicable.\nA community visitor (child) must comply with a request to visit the child at the visitable home, or communicate with the child, as soon as practicable after being informed of the request.\nA person does not commit an offence only by failing to comply with subsection (2) , (3) , (4) or (5) .\n(sec.59-ssec.1) A child under care staying at a visitable home may— ask the public guardian to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or ask an authorised officer under the Child Protection Act to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or ask a carer of the child to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or inform a carer of the child that the child wishes to communicate with a particular community visitor (child).\n(sec.59-ssec.2) If subsection (1) (b) applies, the authorised officer must tell the public guardian about the request as soon as practicable.\n(sec.59-ssec.3) If subsection (1) (c) applies, the carer must tell the public guardian about the request as soon as practicable.\n(sec.59-ssec.4) If subsection (1) (d) applies, the carer must take reasonable steps to inform the particular visitor about the request as soon as practicable.\n(sec.59-ssec.5) A community visitor (child) must comply with a request to visit the child at the visitable home, or communicate with the child, as soon as practicable after being informed of the request.\n(sec.59-ssec.6) A person does not commit an offence only by failing to comply with subsection (2) , (3) , (4) or (5) .\n- (a) ask the public guardian to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or\n- (b) ask an authorised officer under the Child Protection Act to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or\n- (c) ask a carer of the child to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or\n- (d) inform a carer of the child that the child wishes to communicate with a particular community visitor (child).","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Requirement to visit visitable site or communicate if asked","content":"### sec.60 Requirement to visit visitable site or communicate if asked\n\nA child staying at a visitable site may—\nask the public guardian to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or\nask a staff member of the site to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or\ninform a staff member of the site that the child wishes to communicate with a particular community visitor (child).\nIf subsection (1) (b) applies, the staff member must tell the public guardian about the request as soon as practicable.\nMaximum penalty—40 penalty units.\nIf subsection (1) (c) applies, the staff member must take reasonable steps to inform the particular visitor about the request as soon as practicable.\nMaximum penalty—40 penalty units.\nA community visitor (child) must comply with a request to visit a site, or communicate with a child staying at a site, as soon as practicable after being informed of the request.\nA community visitor (child) does not commit an offence only by failing to comply with subsection (4) .\n(sec.60-ssec.1) A child staying at a visitable site may— ask the public guardian to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or ask a staff member of the site to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or inform a staff member of the site that the child wishes to communicate with a particular community visitor (child).\n(sec.60-ssec.2) If subsection (1) (b) applies, the staff member must tell the public guardian about the request as soon as practicable. Maximum penalty—40 penalty units.\n(sec.60-ssec.3) If subsection (1) (c) applies, the staff member must take reasonable steps to inform the particular visitor about the request as soon as practicable. Maximum penalty—40 penalty units.\n(sec.60-ssec.4) A community visitor (child) must comply with a request to visit a site, or communicate with a child staying at a site, as soon as practicable after being informed of the request.\n(sec.60-ssec.5) A community visitor (child) does not commit an offence only by failing to comply with subsection (4) .\n- (a) ask the public guardian to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or\n- (b) ask a staff member of the site to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or\n- (c) inform a staff member of the site that the child wishes to communicate with a particular community visitor (child).","sortOrder":71},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":72},{"sectionNumber":"sec.61","sectionType":"section","heading":"Power of entry—visitable home","content":"### sec.61 Power of entry—visitable home\n\nA community visitor (child) may enter a visitable home at which a child under care is staying if—\na carer staying at the home consents to the entry; or\nthe entry is authorised by a warrant.\nFor the purpose of asking a person who is a carer staying at a visitable home for consent to enter, a visitor may, without the person’s consent or a warrant—\nenter land around the home to an extent that is reasonable to contact the person; or\nenter part of the home the visitor reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.\n(sec.61-ssec.1) A community visitor (child) may enter a visitable home at which a child under care is staying if— a carer staying at the home consents to the entry; or the entry is authorised by a warrant.\n(sec.61-ssec.2) For the purpose of asking a person who is a carer staying at a visitable home for consent to enter, a visitor may, without the person’s consent or a warrant— enter land around the home to an extent that is reasonable to contact the person; or enter part of the home the visitor reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.\n- (a) a carer staying at the home consents to the entry; or\n- (b) the entry is authorised by a warrant.\n- (a) enter land around the home to an extent that is reasonable to contact the person; or\n- (b) enter part of the home the visitor reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"Consent to entry—visitable home","content":"### sec.62 Consent to entry—visitable home\n\nThis section applies if a community visitor (child) intends to ask a person who is a carer staying at a visitable home to consent to the visitor entering the home under section 61 (1) (a) .\nBefore asking for the consent, the visitor must tell the person—\nthe purpose of the entry; and\nthat the person is not required to consent.\nIf the consent is given, the visitor may ask the person to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthat the person has been told—\nthe purpose of the entry; and\nthat the person is not required to consent; and\nthe purpose of the entry; and\nthat the person gives the visitor consent to enter the visitable home and exercise powers under this subdivision; and\nthe time and date the consent was given.\nIf the person signs the acknowledgement, the visitor must immediately give a copy to the person.\nIf—\nan issue arises in a proceeding about whether a person who was a carer staying at a visitable home consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove a person mentioned in paragraph (a) consented.\n(sec.62-ssec.1) This section applies if a community visitor (child) intends to ask a person who is a carer staying at a visitable home to consent to the visitor entering the home under section 61 (1) (a) .\n(sec.62-ssec.2) Before asking for the consent, the visitor must tell the person— the purpose of the entry; and that the person is not required to consent.\n(sec.62-ssec.3) If the consent is given, the visitor may ask the person to sign an acknowledgement of the consent.\n(sec.62-ssec.4) The acknowledgement must state— that the person has been told— the purpose of the entry; and that the person is not required to consent; and the purpose of the entry; and that the person gives the visitor consent to enter the visitable home and exercise powers under this subdivision; and the time and date the consent was given.\n(sec.62-ssec.5) If the person signs the acknowledgement, the visitor must immediately give a copy to the person.\n(sec.62-ssec.6) If— an issue arises in a proceeding about whether a person who was a carer staying at a visitable home consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove a person mentioned in paragraph (a) consented.\n- (a) the purpose of the entry; and\n- (b) that the person is not required to consent.\n- (a) that the person has been told— (i) the purpose of the entry; and (ii) that the person is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the person is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) that the person gives the visitor consent to enter the visitable home and exercise powers under this subdivision; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the person is not required to consent; and\n- (a) an issue arises in a proceeding about whether a person who was a carer staying at a visitable home consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":74},{"sectionNumber":"sec.63","sectionType":"section","heading":"Application for warrant—visitable home","content":"### sec.63 Application for warrant—visitable home\n\nThe public guardian may apply to a magistrate for a warrant for a visitable home at which a child under care is staying.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the public guardian gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.63-ssec.1) The public guardian may apply to a magistrate for a warrant for a visitable home at which a child under care is staying.\n(sec.63-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.63-ssec.3) The magistrate may refuse to consider the application until the public guardian gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Issue of warrant—visitable home","content":"### sec.64 Issue of warrant—visitable home\n\nThe magistrate may issue a warrant only if the magistrate is satisfied a community visitor (child) can not properly carry out 1 or more of the visitor’s functions in relation to the child without gaining entry to the visitable home.\nThe warrant must state—\nthat a named community visitor (child) may, with necessary and reasonable help and force—\nenter the visitable home and any other place necessary for entry; and\nexercise the visitor’s powers under this subdivision; and\nthe hours of the day or night when the home may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.64-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied a community visitor (child) can not properly carry out 1 or more of the visitor’s functions in relation to the child without gaining entry to the visitable home.\n(sec.64-ssec.2) The warrant must state— that a named community visitor (child) may, with necessary and reasonable help and force— enter the visitable home and any other place necessary for entry; and exercise the visitor’s powers under this subdivision; and the hours of the day or night when the home may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) that a named community visitor (child) may, with necessary and reasonable help and force— (i) enter the visitable home and any other place necessary for entry; and (ii) exercise the visitor’s powers under this subdivision; and\n- (i) enter the visitable home and any other place necessary for entry; and\n- (ii) exercise the visitor’s powers under this subdivision; and\n- (b) the hours of the day or night when the home may be entered; and\n- (c) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the visitable home and any other place necessary for entry; and\n- (ii) exercise the visitor’s powers under this subdivision; and","sortOrder":76},{"sectionNumber":"sec.65","sectionType":"section","heading":"Warrants—procedure before entry to visitable home","content":"### sec.65 Warrants—procedure before entry to visitable home\n\nThis section applies if a community visitor (child) named in a warrant issued under section 64 for a visitable home is intending to enter the home under the warrant.\nBefore entering the home, the visitor must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is a carer staying at the visitable home by producing the visitor’s identity card;\ngive the person a copy of the warrant;\ntell the person the visitor is permitted by the warrant to enter the home;\ngive the person an opportunity to allow the visitor immediate entry to the home without using force.\n(sec.65-ssec.1) This section applies if a community visitor (child) named in a warrant issued under section 64 for a visitable home is intending to enter the home under the warrant.\n(sec.65-ssec.2) Before entering the home, the visitor must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is a carer staying at the visitable home by producing the visitor’s identity card; give the person a copy of the warrant; tell the person the visitor is permitted by the warrant to enter the home; give the person an opportunity to allow the visitor immediate entry to the home without using force.\n- (a) identify himself or herself to a person who is a carer staying at the visitable home by producing the visitor’s identity card;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the visitor is permitted by the warrant to enter the home;\n- (d) give the person an opportunity to allow the visitor immediate entry to the home without using force.","sortOrder":77},{"sectionNumber":"sec.66","sectionType":"section","heading":"Powers relating to visitable homes","content":"### sec.66 Powers relating to visitable homes\n\nAfter entering a visitable home with consent or under a warrant, a community visitor (child) may do any of the following—\nlook around the home and assess its appropriateness for the accommodation of the child under care;\nhave access to the child under care;\ntalk with the child under care out of the hearing of other persons at the home;\nrequire a carer staying at the home to give the visitor reasonable help to exercise the visitor’s powers under paragraphs (a) to (c) .\nA person must comply with a requirement under subsection (1) (d) .\nA person does not commit an offence only by failing to comply with a requirement under subsection (1) (d) .\n(sec.66-ssec.1) After entering a visitable home with consent or under a warrant, a community visitor (child) may do any of the following— look around the home and assess its appropriateness for the accommodation of the child under care; have access to the child under care; talk with the child under care out of the hearing of other persons at the home; require a carer staying at the home to give the visitor reasonable help to exercise the visitor’s powers under paragraphs (a) to (c) .\n(sec.66-ssec.2) A person must comply with a requirement under subsection (1) (d) .\n(sec.66-ssec.3) A person does not commit an offence only by failing to comply with a requirement under subsection (1) (d) .\n- (a) look around the home and assess its appropriateness for the accommodation of the child under care;\n- (b) have access to the child under care;\n- (c) talk with the child under care out of the hearing of other persons at the home;\n- (d) require a carer staying at the home to give the visitor reasonable help to exercise the visitor’s powers under paragraphs (a) to (c) .","sortOrder":78},{"sectionNumber":"sec.67","sectionType":"section","heading":"Power of entry—visitable site","content":"### sec.67 Power of entry—visitable site\n\nA community visitor (child) may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things—\nenter a visitable site during normal hours without notice;\nwith the public guardian’s authorisation, enter a visitable site outside normal hours without notice;\ninspect a visitable site;\nhave access to a child staying at a visitable site;\ntalk with a child staying at a visitable site out of the hearing of other persons at the site (including staff members of the site);\nrequire a staff member of a visitable site to answer questions, and produce visitable site documents, relevant to the visitor’s functions;\ninspect and take extracts from, or make copies of, any visitable site document;\nconfer alone with a staff member of a visitable site;\nrequire a staff member of a visitable site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (h) .\nA person who complies with a requirement under subsection (1) (f) or (i) does not incur any liability, either to the child or anyone else, because of the compliance.\nA person must comply with a requirement under subsection (1) (f) or (i) unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person not to comply with a requirement under subsection (1) (f) or (i) because compliance with the requirement might tend to incriminate the person.\nIf the visitable site is a corrective services facility or detention centre, it is a reasonable excuse for a person not to comply with a requirement under subsection (1) (f) or (i) if the disclosure of the information could reasonably be expected to prejudice the security or good order of the facility or centre.\nIf the visitable site is a corrective services facility, the exercise of power under this section is subject to any direction or procedure given or made by the chief executive (corrective services) to facilitate the effective and efficient management of corrective services.\nIf the visitable site is a detention centre, the exercise of power under this section is subject to any direction given or made by the chief executive (youth justice services) for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.\n(sec.67-ssec.1) A community visitor (child) may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things— enter a visitable site during normal hours without notice; with the public guardian’s authorisation, enter a visitable site outside normal hours without notice; inspect a visitable site; have access to a child staying at a visitable site; talk with a child staying at a visitable site out of the hearing of other persons at the site (including staff members of the site); require a staff member of a visitable site to answer questions, and produce visitable site documents, relevant to the visitor’s functions; inspect and take extracts from, or make copies of, any visitable site document; confer alone with a staff member of a visitable site; require a staff member of a visitable site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (h) .\n(sec.67-ssec.2) A person who complies with a requirement under subsection (1) (f) or (i) does not incur any liability, either to the child or anyone else, because of the compliance.\n(sec.67-ssec.3) A person must comply with a requirement under subsection (1) (f) or (i) unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.67-ssec.4) It is a reasonable excuse for a person not to comply with a requirement under subsection (1) (f) or (i) because compliance with the requirement might tend to incriminate the person.\n(sec.67-ssec.5) If the visitable site is a corrective services facility or detention centre, it is a reasonable excuse for a person not to comply with a requirement under subsection (1) (f) or (i) if the disclosure of the information could reasonably be expected to prejudice the security or good order of the facility or centre.\n(sec.67-ssec.6) If the visitable site is a corrective services facility, the exercise of power under this section is subject to any direction or procedure given or made by the chief executive (corrective services) to facilitate the effective and efficient management of corrective services.\n(sec.67-ssec.7) If the visitable site is a detention centre, the exercise of power under this section is subject to any direction given or made by the chief executive (youth justice services) for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.\n- (a) enter a visitable site during normal hours without notice;\n- (b) with the public guardian’s authorisation, enter a visitable site outside normal hours without notice;\n- (c) inspect a visitable site;\n- (d) have access to a child staying at a visitable site;\n- (e) talk with a child staying at a visitable site out of the hearing of other persons at the site (including staff members of the site);\n- (f) require a staff member of a visitable site to answer questions, and produce visitable site documents, relevant to the visitor’s functions;\n- (g) inspect and take extracts from, or make copies of, any visitable site document;\n- (h) confer alone with a staff member of a visitable site;\n- (i) require a staff member of a visitable site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (h) .","sortOrder":79},{"sectionNumber":"sec.68","sectionType":"section","heading":"Public guardian may authorise access to visitable site outside normal hours","content":"### sec.68 Public guardian may authorise access to visitable site outside normal hours\n\nThis section applies if the public guardian considers a community visitor (child) can not adequately perform 1 or more of the visitor’s functions by entering a visitable site during normal hours.\nThe public guardian may authorise the visitor to enter the visitable site outside normal hours to perform the function or functions.\nIn authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised.\n(sec.68-ssec.1) This section applies if the public guardian considers a community visitor (child) can not adequately perform 1 or more of the visitor’s functions by entering a visitable site during normal hours.\n(sec.68-ssec.2) The public guardian may authorise the visitor to enter the visitable site outside normal hours to perform the function or functions.\n(sec.68-ssec.3) In authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised.","sortOrder":80},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Community visitor (child) may ask NDIS agency or NDIS commissioner for particular information","content":"### sec.68A Community visitor (child) may ask NDIS agency or NDIS commissioner for particular information\n\nA community visitor (child) may ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions.\ns 68A ins 2019 No. 19 s 69","sortOrder":81},{"sectionNumber":"sec.69","sectionType":"section","heading":"Community visitor (child) to respect privacy","content":"### sec.69 Community visitor (child) to respect privacy\n\nIn performing a function or exercising a power in relation to a child under care staying at a visitable home, a community visitor (child) must act in a way that—\nrespects, as far as practicable, the privacy of persons staying at the home and does not cause them unnecessary inconvenience; and\nrespects the wishes of any of the children staying at the home who does not wish to communicate with the visitor.\nIn performing a function or exercising a power in relation to a child staying at a visitable site, a community visitor (child) must act in a way that—\nrespects, as far as practicable, the privacy of children staying at the site; and\nrespects the wishes of any of the children who does not wish to communicate with the visitor.\n(sec.69-ssec.1) In performing a function or exercising a power in relation to a child under care staying at a visitable home, a community visitor (child) must act in a way that— respects, as far as practicable, the privacy of persons staying at the home and does not cause them unnecessary inconvenience; and respects the wishes of any of the children staying at the home who does not wish to communicate with the visitor.\n(sec.69-ssec.2) In performing a function or exercising a power in relation to a child staying at a visitable site, a community visitor (child) must act in a way that— respects, as far as practicable, the privacy of children staying at the site; and respects the wishes of any of the children who does not wish to communicate with the visitor.\n- (a) respects, as far as practicable, the privacy of persons staying at the home and does not cause them unnecessary inconvenience; and\n- (b) respects the wishes of any of the children staying at the home who does not wish to communicate with the visitor.\n- (a) respects, as far as practicable, the privacy of children staying at the site; and\n- (b) respects the wishes of any of the children who does not wish to communicate with the visitor.","sortOrder":82},{"sectionNumber":"sec.70","sectionType":"section","heading":"Reports by community visitors (child)","content":"### sec.70 Reports by community visitors (child)\n\nAs soon as practicable after visiting a child under care staying at a visitable home or a child staying at a visitable site, a community visitor (child) must—\nprepare a report on the visit; and\ngive a copy of the report to the public guardian.\nIf the visitor entered a visitable site outside normal hours, the visitor must state the authority for the entry in the report.\nSo far as the public guardian considers appropriate, the public guardian may give a copy of a report about a visit to a child under care staying at a visitable home, or information from the report, to any of the following entities—\nthe chief executive (child safety);\nthe chief executive of a department responsible for providing services to the child who is a subject of the report;\na carer of the child;\na service provider, holding a licence to provide care services under the Child Protection Act , involved in the placement of the child in the home;\nthe child.\nSo far as the public guardian considers appropriate, the public guardian may give a copy of a report about a visit to a child staying at a visitable site, or information from the report, to any of the following entities—\na person in charge of the site;\na government service provider responsible for regulating the site;\nthe chief executive officer of an entity responsible for operating the site;\nthe chief executive of a department responsible for providing funding or services to the site;\nthe chief executive of a department responsible for providing services to children staying at the site;\nthe chief psychiatrist under the Mental Health Act 2016 ;\nthe child;\nthe NDIS commissioner.\ns 70 amd 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 70\n(sec.70-ssec.1) As soon as practicable after visiting a child under care staying at a visitable home or a child staying at a visitable site, a community visitor (child) must— prepare a report on the visit; and give a copy of the report to the public guardian.\n(sec.70-ssec.2) If the visitor entered a visitable site outside normal hours, the visitor must state the authority for the entry in the report.\n(sec.70-ssec.3) So far as the public guardian considers appropriate, the public guardian may give a copy of a report about a visit to a child under care staying at a visitable home, or information from the report, to any of the following entities— the chief executive (child safety); the chief executive of a department responsible for providing services to the child who is a subject of the report; a carer of the child; a service provider, holding a licence to provide care services under the Child Protection Act , involved in the placement of the child in the home; the child.\n(sec.70-ssec.4) So far as the public guardian considers appropriate, the public guardian may give a copy of a report about a visit to a child staying at a visitable site, or information from the report, to any of the following entities— a person in charge of the site; a government service provider responsible for regulating the site; the chief executive officer of an entity responsible for operating the site; the chief executive of a department responsible for providing funding or services to the site; the chief executive of a department responsible for providing services to children staying at the site; the chief psychiatrist under the Mental Health Act 2016 ; the child; the NDIS commissioner.\n- (a) prepare a report on the visit; and\n- (b) give a copy of the report to the public guardian.\n- (a) the chief executive (child safety);\n- (b) the chief executive of a department responsible for providing services to the child who is a subject of the report;\n- (c) a carer of the child;\n- (d) a service provider, holding a licence to provide care services under the Child Protection Act , involved in the placement of the child in the home;\n- (e) the child.\n- (a) a person in charge of the site;\n- (b) a government service provider responsible for regulating the site;\n- (c) the chief executive officer of an entity responsible for operating the site;\n- (d) the chief executive of a department responsible for providing funding or services to the site;\n- (e) the chief executive of a department responsible for providing services to children staying at the site;\n- (f) the chief psychiatrist under the Mental Health Act 2016 ;\n- (g) the child;\n- (h) the NDIS commissioner.","sortOrder":83},{"sectionNumber":"sec.71","sectionType":"section","heading":"Public guardian’s directions about the exercise of powers","content":"### sec.71 Public guardian’s directions about the exercise of powers\n\nA community visitor (child) is subject to the public guardian’s directions in the exercise of a power.","sortOrder":84},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":85},{"sectionNumber":"sec.72","sectionType":"section","heading":"Privacy of correspondence between community visitor (child) and children","content":"### sec.72 Privacy of correspondence between community visitor (child) and children\n\nA carer at a visitable home or a staff member of a visitable site must not open, read, copy or remove any correspondence sent, or being sent, between a community visitor (child) and a child staying at the site or home, unless the child asks the staff member or carer to do so.\nMaximum penalty—20 penalty units.\nIn this section—\nvisitable site does not include a corrective services facility where a child is staying.\nSee the Corrective Services Act 2006 , chapter 2 , part 2 , division 4 , subdivision 1 for provisions dealing with a prisoner’s mail.\n(sec.72-ssec.1) A carer at a visitable home or a staff member of a visitable site must not open, read, copy or remove any correspondence sent, or being sent, between a community visitor (child) and a child staying at the site or home, unless the child asks the staff member or carer to do so. Maximum penalty—20 penalty units.\n(sec.72-ssec.2) In this section— visitable site does not include a corrective services facility where a child is staying. See the Corrective Services Act 2006 , chapter 2 , part 2 , division 4 , subdivision 1 for provisions dealing with a prisoner’s mail.","sortOrder":86},{"sectionNumber":"sec.72A","sectionType":"section","heading":"Requirement for particular NDIS providers and registered NDIS providers to give information to public guardian","content":"### sec.72A Requirement for particular NDIS providers and registered NDIS providers to give information to public guardian\n\nThis section applies to an NDIS provider or a registered NDIS provider that provides a child accommodation service to a child, under the child’s participant’s plan, for the purpose of providing respite services in relation to the child.\nThe NDIS provider or registered NDIS provider must give the public guardian, in the way and at the times prescribed by regulation, required information that is in the provider’s custody or control, unless the provider has a reasonable excuse.\nMaximum penalty—25 penalty units.\nIn this section—\nNDIS provider see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 9 .\nrequired information means information about the provision of the child accommodation service prescribed by regulation.\ns 72A ins 2019 No. 19 s 71\n(sec.72A-ssec.1) This section applies to an NDIS provider or a registered NDIS provider that provides a child accommodation service to a child, under the child’s participant’s plan, for the purpose of providing respite services in relation to the child.\n(sec.72A-ssec.2) The NDIS provider or registered NDIS provider must give the public guardian, in the way and at the times prescribed by regulation, required information that is in the provider’s custody or control, unless the provider has a reasonable excuse. Maximum penalty—25 penalty units.\n(sec.72A-ssec.3) In this section— NDIS provider see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 9 . required information means information about the provision of the child accommodation service prescribed by regulation.","sortOrder":87},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Child advocacy officers","content":"# Child advocacy officers","sortOrder":88},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Functions of child advocacy officer","content":"### sec.73 Functions of child advocacy officer\n\nA child advocacy officer may perform child advocate functions for a relevant child.","sortOrder":90},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":91},{"sectionNumber":"sec.74","sectionType":"section","heading":"Power of entry","content":"### sec.74 Power of entry\n\nA child advocacy officer may enter—\na visitable site—\nduring normal visiting hours without notice; or\nwith the public guardian’s authorisation, outside normal hours without notice; or\nanother place where a relevant child is staying if—\na person in charge of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant.\nFor the purpose of asking a person who is in charge of a place for consent to enter under subsection (1) (b) (i) , an officer may, without the person’s consent or a warrant—\nenter land around the place to an extent that is reasonable to contact the person; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.\n(sec.74-ssec.1) A child advocacy officer may enter— a visitable site— during normal visiting hours without notice; or with the public guardian’s authorisation, outside normal hours without notice; or another place where a relevant child is staying if— a person in charge of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant.\n(sec.74-ssec.2) For the purpose of asking a person who is in charge of a place for consent to enter under subsection (1) (b) (i) , an officer may, without the person’s consent or a warrant— enter land around the place to an extent that is reasonable to contact the person; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.\n- (a) a visitable site— (i) during normal visiting hours without notice; or (ii) with the public guardian’s authorisation, outside normal hours without notice; or\n- (i) during normal visiting hours without notice; or\n- (ii) with the public guardian’s authorisation, outside normal hours without notice; or\n- (b) another place where a relevant child is staying if— (i) a person in charge of the place consents to the entry; or (ii) it is a public place and the entry is made when it is open to the public; or (iii) the entry is authorised by a warrant.\n- (i) a person in charge of the place consents to the entry; or\n- (ii) it is a public place and the entry is made when it is open to the public; or\n- (iii) the entry is authorised by a warrant.\n- (i) during normal visiting hours without notice; or\n- (ii) with the public guardian’s authorisation, outside normal hours without notice; or\n- (i) a person in charge of the place consents to the entry; or\n- (ii) it is a public place and the entry is made when it is open to the public; or\n- (iii) the entry is authorised by a warrant.\n- (a) enter land around the place to an extent that is reasonable to contact the person; or\n- (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.","sortOrder":92},{"sectionNumber":"sec.75","sectionType":"section","heading":"Public guardian may authorise access to visitable site outside normal hours","content":"### sec.75 Public guardian may authorise access to visitable site outside normal hours\n\nThis section applies if the public guardian considers a child advocacy officer can not adequately perform 1 or more of the officer’s functions by entering a visitable site during normal hours.\nThe public guardian may authorise the officer to enter the visitable site outside normal hours to perform the function or functions.\nIn authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised.\n(sec.75-ssec.1) This section applies if the public guardian considers a child advocacy officer can not adequately perform 1 or more of the officer’s functions by entering a visitable site during normal hours.\n(sec.75-ssec.2) The public guardian may authorise the officer to enter the visitable site outside normal hours to perform the function or functions.\n(sec.75-ssec.3) In authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised.","sortOrder":93},{"sectionNumber":"sec.76","sectionType":"section","heading":"Powers in relation to staff members of visitable sites","content":"### sec.76 Powers in relation to staff members of visitable sites\n\nAfter entering a visitable site, a child advocacy officer may do any of the following—\nhave access to a child staying at the site;\ntalk with a child staying at the site, out of the hearing of staff members of the site and other persons at the site;\nat any reasonable time, require a staff member of the site to give the officer reasonable help, if it is practicable to give the help, to exercise the officer’s powers under paragraph (a) or (b) .\nA staff member must comply with a requirement under subsection (1) (c) , unless the staff member has a reasonable excuse.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.76-ssec.1) After entering a visitable site, a child advocacy officer may do any of the following— have access to a child staying at the site; talk with a child staying at the site, out of the hearing of staff members of the site and other persons at the site; at any reasonable time, require a staff member of the site to give the officer reasonable help, if it is practicable to give the help, to exercise the officer’s powers under paragraph (a) or (b) .\n(sec.76-ssec.2) A staff member must comply with a requirement under subsection (1) (c) , unless the staff member has a reasonable excuse. Maximum penalty for subsection (2) —40 penalty units.\n- (a) have access to a child staying at the site;\n- (b) talk with a child staying at the site, out of the hearing of staff members of the site and other persons at the site;\n- (c) at any reasonable time, require a staff member of the site to give the officer reasonable help, if it is practicable to give the help, to exercise the officer’s powers under paragraph (a) or (b) .","sortOrder":94},{"sectionNumber":"sec.77","sectionType":"section","heading":"Matters to which ss 74 and 76 are subject","content":"### sec.77 Matters to which ss 74 and 76 are subject\n\nIf the visitable site under section 74 or 76 is a corrective services facility, the exercise of power under the section is subject to any direction or procedure given or made by the chief executive (corrective services) to facilitate the effective and efficient management of corrective services.\nSections 74 and 76 are subject to any direction given by the chief executive (youth justice services) for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.\n(sec.77-ssec.1) If the visitable site under section 74 or 76 is a corrective services facility, the exercise of power under the section is subject to any direction or procedure given or made by the chief executive (corrective services) to facilitate the effective and efficient management of corrective services.\n(sec.77-ssec.2) Sections 74 and 76 are subject to any direction given by the chief executive (youth justice services) for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.","sortOrder":95},{"sectionNumber":"sec.78","sectionType":"section","heading":"Consent to entry","content":"### sec.78 Consent to entry\n\nThis section applies if a child advocacy officer intends to ask a person who is in charge of a place (other than a visitable site) where a relevant child is staying to consent to the officer entering the place under section 74 (1) (b) (i) .\nBefore asking for the consent, the officer must tell the person—\nthe purpose of the entry; and\nthat the person is not required to consent.\nIf the consent is given, the officer may ask the person to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthat the person has been told—\nthe purpose of the entry; and\nthat the person is not required to consent; and\nthe purpose of the entry; and\nthat the person gives the officer consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the person signs the acknowledgement, the officer must immediately give a copy to the person.\nIf—\nan issue arises in a proceeding about whether a person who was in charge of a place consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove a person mentioned in paragraph (a) consented.\n(sec.78-ssec.1) This section applies if a child advocacy officer intends to ask a person who is in charge of a place (other than a visitable site) where a relevant child is staying to consent to the officer entering the place under section 74 (1) (b) (i) .\n(sec.78-ssec.2) Before asking for the consent, the officer must tell the person— the purpose of the entry; and that the person is not required to consent.\n(sec.78-ssec.3) If the consent is given, the officer may ask the person to sign an acknowledgement of the consent.\n(sec.78-ssec.4) The acknowledgement must state— that the person has been told— the purpose of the entry; and that the person is not required to consent; and the purpose of the entry; and that the person gives the officer consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.78-ssec.5) If the person signs the acknowledgement, the officer must immediately give a copy to the person.\n(sec.78-ssec.6) If— an issue arises in a proceeding about whether a person who was in charge of a place consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove a person mentioned in paragraph (a) consented.\n- (a) the purpose of the entry; and\n- (b) that the person is not required to consent.\n- (a) that the person has been told— (i) the purpose of the entry; and (ii) that the person is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the person is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) that the person gives the officer consent to enter the place and exercise powers under this division; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the person is not required to consent; and\n- (a) an issue arises in a proceeding about whether a person who was in charge of a place consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":96},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application for warrant","content":"### sec.79 Application for warrant\n\nThe public guardian may apply to a magistrate for a warrant for a place (other than a visitable site) where a relevant child is staying.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the public guardian gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.79-ssec.1) The public guardian may apply to a magistrate for a warrant for a place (other than a visitable site) where a relevant child is staying.\n(sec.79-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.79-ssec.3) The magistrate may refuse to consider the application until the public guardian gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":97},{"sectionNumber":"sec.80","sectionType":"section","heading":"Issue of warrant","content":"### sec.80 Issue of warrant\n\nThe magistrate may issue a warrant for a place (other than a visitable site) where a relevant child is staying only if the magistrate is satisfied a child advocacy officer can not properly carry out 1 or more of the officer’s functions without gaining entry to the place.\nThe warrant must state—\nthat a named child advocacy officer may, with necessary and reasonable help and force—\nenter the named place and any other place necessary for entry; and\nexercise the officer’s powers under this division; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.80-ssec.1) The magistrate may issue a warrant for a place (other than a visitable site) where a relevant child is staying only if the magistrate is satisfied a child advocacy officer can not properly carry out 1 or more of the officer’s functions without gaining entry to the place.\n(sec.80-ssec.2) The warrant must state— that a named child advocacy officer may, with necessary and reasonable help and force— enter the named place and any other place necessary for entry; and exercise the officer’s powers under this division; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) that a named child advocacy officer may, with necessary and reasonable help and force— (i) enter the named place and any other place necessary for entry; and (ii) exercise the officer’s powers under this division; and\n- (i) enter the named place and any other place necessary for entry; and\n- (ii) exercise the officer’s powers under this division; and\n- (b) the hours of the day or night when the place may be entered; and\n- (c) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the named place and any other place necessary for entry; and\n- (ii) exercise the officer’s powers under this division; and","sortOrder":98},{"sectionNumber":"sec.81","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.81 Warrants—procedure before entry\n\nThis section applies if a child advocacy officer named in a warrant issued under section 80 for a place where a relevant child is staying is intending to enter the place under the warrant.\nBefore entering the place, the officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is in charge of the place by producing the officer’s identity card;\ngive the person a copy of the warrant;\ntell the person the officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the officer immediate entry to the place without using force.\n(sec.81-ssec.1) This section applies if a child advocacy officer named in a warrant issued under section 80 for a place where a relevant child is staying is intending to enter the place under the warrant.\n(sec.81-ssec.2) Before entering the place, the officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is in charge of the place by producing the officer’s identity card; give the person a copy of the warrant; tell the person the officer is permitted by the warrant to enter the place; give the person an opportunity to allow the officer immediate entry to the place without using force.\n- (a) identify himself or herself to a person who is in charge of the place by producing the officer’s identity card;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the officer immediate entry to the place without using force.","sortOrder":99},{"sectionNumber":"sec.82","sectionType":"section","heading":"Powers relating to places where child is staying","content":"### sec.82 Powers relating to places where child is staying\n\nAfter entering a place where a relevant child is staying with consent or under a warrant, a child advocacy officer may do any of the following—\nlook around the place and assess its appropriateness for the accommodation of the child;\nhave access to the child;\ntalk with the child out of the hearing of other persons;\nrequire a carer staying at the place or someone else who is in charge of the place to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (c) .\nA person must comply with a requirement under subsection (1) (d) .\nA person does not commit an offence only by failing to comply with a requirement under subsection (1) (d) .\n(sec.82-ssec.1) After entering a place where a relevant child is staying with consent or under a warrant, a child advocacy officer may do any of the following— look around the place and assess its appropriateness for the accommodation of the child; have access to the child; talk with the child out of the hearing of other persons; require a carer staying at the place or someone else who is in charge of the place to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (c) .\n(sec.82-ssec.2) A person must comply with a requirement under subsection (1) (d) .\n(sec.82-ssec.3) A person does not commit an offence only by failing to comply with a requirement under subsection (1) (d) .\n- (a) look around the place and assess its appropriateness for the accommodation of the child;\n- (b) have access to the child;\n- (c) talk with the child out of the hearing of other persons;\n- (d) require a carer staying at the place or someone else who is in charge of the place to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (c) .","sortOrder":100},{"sectionNumber":"sec.83","sectionType":"section","heading":"Child advocacy officer to respect privacy","content":"### sec.83 Child advocacy officer to respect privacy\n\nIn performing a function or exercising a power in relation to a visitable site, a child advocacy officer must act in a way that respects, as far as practicable, the privacy of children staying at the site.\nIn performing a function or exercising a power in relation to a place where a relevant child is staying, a child advocacy officer must act in a way that respects, as far as practicable, the privacy of persons staying at the place and does not cause them unnecessary inconvenience.\n(sec.83-ssec.1) In performing a function or exercising a power in relation to a visitable site, a child advocacy officer must act in a way that respects, as far as practicable, the privacy of children staying at the site.\n(sec.83-ssec.2) In performing a function or exercising a power in relation to a place where a relevant child is staying, a child advocacy officer must act in a way that respects, as far as practicable, the privacy of persons staying at the place and does not cause them unnecessary inconvenience.","sortOrder":101},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Information exchange","content":"# Information exchange","sortOrder":102},{"sectionNumber":"sec.84","sectionType":"section","heading":"Purpose","content":"### sec.84 Purpose\n\nThe purpose of this part is to authorise and facilitate an appropriate exchange of information, including confidential information about a child and a child’s circumstances, between a prescribed entity and the public guardian to help the public guardian perform child advocate functions in relation to relevant children.","sortOrder":103},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application of pt 4 —separate representatives","content":"### sec.85 Application of pt 4 —separate representatives\n\nThis part does not apply to information about a child and the child’s circumstances in the possession or control of the chief executive officer of Legal Aid Queensland if—\nthe information came into the possession or control of the chief executive officer because a person is separately representing, or separately represented, the child under the Child Protection Act , section 99Q or 110 ; and\nthe person was appointed by Legal Aid Queensland to separately represent the child.\n- (a) the information came into the possession or control of the chief executive officer because a person is separately representing, or separately represented, the child under the Child Protection Act , section 99Q or 110 ; and\n- (b) the person was appointed by Legal Aid Queensland to separately represent the child.","sortOrder":104},{"sectionNumber":"sec.86","sectionType":"section","heading":"Prescribed entities","content":"### sec.86 Prescribed entities\n\nThe following entities are prescribed entities for this part—\nthe Queensland Family and Child Commission;\nthe chief executive (child safety);\nthe chief executive (corrective services);\nthe chief executive (disability services);\nthe chief executive (education);\nthe chief executive (health);\nthe chief executive (housing);\nthe chief executive (youth justice services);\nthe director of public prosecutions;\nthe chief executive officer of Legal Aid Queensland;\nthe commissioner of the Queensland Police Service;\na health service chief executive within the meaning of the Hospital and Health Boards Act 2011 ;\nthe chief executive officer of the Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922);\nthe principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ;\nthe chief executive officer (however described) of a visitable site;\nan independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child;\nan external contractor;\nthe Family Responsibilities Commission;\nanother entity prescribed under a regulation.\ns 86 amd 2017 No. 24 s 249 ; 2017 No. 44 s 96\n- (a) the Queensland Family and Child Commission;\n- (b) the chief executive (child safety);\n- (c) the chief executive (corrective services);\n- (d) the chief executive (disability services);\n- (e) the chief executive (education);\n- (f) the chief executive (health);\n- (g) the chief executive (housing);\n- (h) the chief executive (youth justice services);\n- (i) the director of public prosecutions;\n- (j) the chief executive officer of Legal Aid Queensland;\n- (k) the commissioner of the Queensland Police Service;\n- (l) a health service chief executive within the meaning of the Hospital and Health Boards Act 2011 ;\n- (m) the chief executive officer of the Mater Misericordiae Health Services Brisbane Ltd (ACN 096 708 922);\n- (n) the principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ;\n- (o) the chief executive officer (however described) of a visitable site;\n- (p) an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child;\n- (q) an external contractor;\n- (r) the Family Responsibilities Commission;\n- (s) another entity prescribed under a regulation.","sortOrder":105},{"sectionNumber":"sec.87","sectionType":"section","heading":"Information requirement made by public guardian","content":"### sec.87 Information requirement made by public guardian\n\nThe public guardian may ask a prescribed entity for particular information in the entity’s possession or control for the purpose of this part.\nSubject to this section, the prescribed entity must comply with the request.\nHowever, if the prescribed entity is the director of public prosecutions or the chief executive officer of Legal Aid Queensland, the information to be made available by the director or chief executive officer must not relate to anyone or anything other than a child and the child’s circumstances.\nIf the director of public prosecutions is prosecuting a parent of the child for an offence against the child, the director is not required to provide information about the prosecution of the parent. Similarly, if Legal Aid Queensland is also representing a parent of the child, Legal Aid Queensland is not required to provide information relevant to the parent’s representation.\nFor subsection (1) , information is not taken to be in the prescribed entity’s control merely because of an agreement between the prescribed entity and another entity under which the other entity must give the information to the prescribed entity.\nA prescribed entity may refuse to comply with a request under this section to provide information that is subject to legal professional privilege.\nAlso, a prescribed entity may refuse to comply with a request under this section to provide the information if the prescribed entity decides that giving the information could reasonably be expected to—\nprejudice the investigation of a contravention or possible contravention of a law in a particular case; or\nprejudice an investigation under the Coroners Act 2003 ; or\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\nendanger a person’s life or physical safety.\nThe prescribed entity is not required to satisfy itself that the request for particular information is made for the purpose of this part.\n(sec.87-ssec.1) The public guardian may ask a prescribed entity for particular information in the entity’s possession or control for the purpose of this part.\n(sec.87-ssec.2) Subject to this section, the prescribed entity must comply with the request.\n(sec.87-ssec.3) However, if the prescribed entity is the director of public prosecutions or the chief executive officer of Legal Aid Queensland, the information to be made available by the director or chief executive officer must not relate to anyone or anything other than a child and the child’s circumstances. If the director of public prosecutions is prosecuting a parent of the child for an offence against the child, the director is not required to provide information about the prosecution of the parent. Similarly, if Legal Aid Queensland is also representing a parent of the child, Legal Aid Queensland is not required to provide information relevant to the parent’s representation.\n(sec.87-ssec.4) For subsection (1) , information is not taken to be in the prescribed entity’s control merely because of an agreement between the prescribed entity and another entity under which the other entity must give the information to the prescribed entity.\n(sec.87-ssec.5) A prescribed entity may refuse to comply with a request under this section to provide information that is subject to legal professional privilege.\n(sec.87-ssec.6) Also, a prescribed entity may refuse to comply with a request under this section to provide the information if the prescribed entity decides that giving the information could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of a law in a particular case; or prejudice an investigation under the Coroners Act 2003 ; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or endanger a person’s life or physical safety.\n(sec.87-ssec.7) The prescribed entity is not required to satisfy itself that the request for particular information is made for the purpose of this part.\n- (a) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or\n- (b) prejudice an investigation under the Coroners Act 2003 ; or\n- (c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or\n- (d) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\n- (e) endanger a person’s life or physical safety.","sortOrder":106},{"sectionNumber":"sec.88","sectionType":"section","heading":"Use of information","content":"### sec.88 Use of information\n\nThe public guardian may use information obtained under this part or another law to help the public guardian discharge the public guardian’s child advocate functions in relation to a child.\nFor example, information may be used—\nto help a child by providing information or advice about a matter to the child; or\nfor a child mentioned in the Child Protection Act , section 74 (1) —to help the child if the child considers that the charter of rights set out in the Child Protection Act , schedule 1 is not being complied with in relation to the child; or\nto help a child by monitoring any plan prepared for the child’s health, education or benefit to ensure it is being adhered to; or\nto help a child by monitoring any case plan, under the Child Protection Act , that is prepared for the child to ensure it is being adhered to; or\nto link a child with someone else who is in a position to help the child with a particular matter; or\nto work with another entity to meet a child’s needs; or\nto support a child in the resolution of an issue a child may have with a particular entity; or\nto help the child to lodge a complaint about something with a particular entity; or\nto support a child at a conference, mediation or other meeting; or\nto support or make submissions on behalf of a child at a court or tribunal hearing.\nWithout limiting subsection (1) , the public guardian may also use the information to help decide the children receiving visits from community visitors (child) under part 2 or the frequency of the visits.\n(sec.88-ssec.1) The public guardian may use information obtained under this part or another law to help the public guardian discharge the public guardian’s child advocate functions in relation to a child.\n(sec.88-ssec.2) For example, information may be used— to help a child by providing information or advice about a matter to the child; or for a child mentioned in the Child Protection Act , section 74 (1) —to help the child if the child considers that the charter of rights set out in the Child Protection Act , schedule 1 is not being complied with in relation to the child; or to help a child by monitoring any plan prepared for the child’s health, education or benefit to ensure it is being adhered to; or to help a child by monitoring any case plan, under the Child Protection Act , that is prepared for the child to ensure it is being adhered to; or to link a child with someone else who is in a position to help the child with a particular matter; or to work with another entity to meet a child’s needs; or to support a child in the resolution of an issue a child may have with a particular entity; or to help the child to lodge a complaint about something with a particular entity; or to support a child at a conference, mediation or other meeting; or to support or make submissions on behalf of a child at a court or tribunal hearing.\n(sec.88-ssec.3) Without limiting subsection (1) , the public guardian may also use the information to help decide the children receiving visits from community visitors (child) under part 2 or the frequency of the visits.\n- (a) to help a child by providing information or advice about a matter to the child; or\n- (b) for a child mentioned in the Child Protection Act , section 74 (1) —to help the child if the child considers that the charter of rights set out in the Child Protection Act , schedule 1 is not being complied with in relation to the child; or\n- (c) to help a child by monitoring any plan prepared for the child’s health, education or benefit to ensure it is being adhered to; or\n- (d) to help a child by monitoring any case plan, under the Child Protection Act , that is prepared for the child to ensure it is being adhered to; or\n- (e) to link a child with someone else who is in a position to help the child with a particular matter; or\n- (f) to work with another entity to meet a child’s needs; or\n- (g) to support a child in the resolution of an issue a child may have with a particular entity; or\n- (h) to help the child to lodge a complaint about something with a particular entity; or\n- (i) to support a child at a conference, mediation or other meeting; or\n- (j) to support or make submissions on behalf of a child at a court or tribunal hearing.","sortOrder":107},{"sectionNumber":"sec.89","sectionType":"section","heading":"Chief executive (child safety) to advise public guardian when child is subject to particular orders, etc.","content":"### sec.89 Chief executive (child safety) to advise public guardian when child is subject to particular orders, etc.\n\nThe chief executive (child safety) must advise the public guardian as soon as practicable after—\nmaking a reviewable decision in relation to a child; or\nbecoming aware that a child is subject to an order, intervention or agreement of a kind mentioned in section 52 (1) .\nThe chief executive (child safety) must advise the public guardian as soon as practicable after becoming aware that the child is no longer the subject of an order, intervention or agreement of a kind mentioned in section 52 (1) .\nIn this section—\nreviewable decision means a decision that is a reviewable decision under the Child Protection Act , other than—\na decision about a licence under section 129 of that Act; or\na decision about a certificate of approval under section 136 of that Act; or\na decision about an authority under section 137 , 138 , 140 , 140AG (3) or (4) or 140AH of that Act.\nReviewable decisions under the Child Protection Act are in schedule 2 of that Act. See schedule 3 , definition reviewable decision of that Act.\n(sec.89-ssec.1) The chief executive (child safety) must advise the public guardian as soon as practicable after— making a reviewable decision in relation to a child; or becoming aware that a child is subject to an order, intervention or agreement of a kind mentioned in section 52 (1) .\n(sec.89-ssec.2) The chief executive (child safety) must advise the public guardian as soon as practicable after becoming aware that the child is no longer the subject of an order, intervention or agreement of a kind mentioned in section 52 (1) .\n(sec.89-ssec.3) In this section— reviewable decision means a decision that is a reviewable decision under the Child Protection Act , other than— a decision about a licence under section 129 of that Act; or a decision about a certificate of approval under section 136 of that Act; or a decision about an authority under section 137 , 138 , 140 , 140AG (3) or (4) or 140AH of that Act. Reviewable decisions under the Child Protection Act are in schedule 2 of that Act. See schedule 3 , definition reviewable decision of that Act.\n- (a) making a reviewable decision in relation to a child; or\n- (b) becoming aware that a child is subject to an order, intervention or agreement of a kind mentioned in section 52 (1) .\n- (a) a decision about a licence under section 129 of that Act; or\n- (b) a decision about a certificate of approval under section 136 of that Act; or\n- (c) a decision about an authority under section 137 , 138 , 140 , 140AG (3) or (4) or 140AH of that Act. Note— Reviewable decisions under the Child Protection Act are in schedule 2 of that Act. See schedule 3 , definition reviewable decision of that Act.","sortOrder":108},{"sectionNumber":"sec.90","sectionType":"section","heading":"Making information available to prescribed entities","content":"### sec.90 Making information available to prescribed entities\n\nThe public guardian may disclose information, including confidential information, about a child or a child’s circumstances to a prescribed entity to protect, in the performance of child advocate functions, the rights and interests of the child.","sortOrder":109},{"sectionNumber":"sec.91","sectionType":"section","heading":"Making information available for Child Protection Act","content":"### sec.91 Making information available for Child Protection Act\n\nThe public guardian may, under arrangements made with the chief executive (child safety), make information, including confidential information about a child, gained in the administration of this Act, available to officers of the child safety department for the purposes of the Child Protection Act .\nWithout limiting subsection (1) , the arrangement may provide for the electronic transfer of information, including on a daily basis.\n(sec.91-ssec.1) The public guardian may, under arrangements made with the chief executive (child safety), make information, including confidential information about a child, gained in the administration of this Act, available to officers of the child safety department for the purposes of the Child Protection Act .\n(sec.91-ssec.2) Without limiting subsection (1) , the arrangement may provide for the electronic transfer of information, including on a daily basis.","sortOrder":110},{"sectionNumber":"sec.92","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.92 Protection from liability for giving information\n\nThis section applies if a person, acting honestly, gives information in compliance with this part.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\n(sec.92-ssec.1) This section applies if a person, acting honestly, gives information in compliance with this part.\n(sec.92-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.92-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.92-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":111},{"sectionNumber":"sec.93","sectionType":"section","heading":"Interaction with other laws","content":"### sec.93 Interaction with other laws\n\nThis part does not limit a power or obligation under another Act or law to give information.\nSubject to the Child Protection Act , sections 186 , 189 , 193 and 194 this part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.\nChild Protection Act , section 187\nEducation (General Provisions) Act 2006 , section 426\nHospital and Health Boards Act 2011 , section 142 (1)\nLegal Aid Queensland Act 1997 , section 82\nPolice Service Administration Act 1990 , section 10.1\nYouth Justice Act 1992 , section 288\nInformation obtained by the public guardian under another law may be used by the public guardian to protect, in the performance of child advocate functions, the rights and interests of a child.\n(sec.93-ssec.1) This part does not limit a power or obligation under another Act or law to give information.\n(sec.93-ssec.2) Subject to the Child Protection Act , sections 186 , 189 , 193 and 194 this part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information. Child Protection Act , section 187 Education (General Provisions) Act 2006 , section 426 Hospital and Health Boards Act 2011 , section 142 (1) Legal Aid Queensland Act 1997 , section 82 Police Service Administration Act 1990 , section 10.1 Youth Justice Act 1992 , section 288\n(sec.93-ssec.3) Information obtained by the public guardian under another law may be used by the public guardian to protect, in the performance of child advocate functions, the rights and interests of a child.\n- • Child Protection Act , section 187\n- • Education (General Provisions) Act 2006 , section 426\n- • Hospital and Health Boards Act 2011 , section 142 (1)\n- • Legal Aid Queensland Act 1997 , section 82\n- • Police Service Administration Act 1990 , section 10.1\n- • Youth Justice Act 1992 , section 288","sortOrder":112},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Appointment of public guardian and related provisions","content":"# Appointment of public guardian and related provisions","sortOrder":113},{"sectionNumber":"sec.94","sectionType":"section","heading":"Appointment of public guardian","content":"### sec.94 Appointment of public guardian\n\nThe public guardian is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment only if the Minister is satisfied the person has demonstrated qualities of leadership, management and innovation in a senior government or private sector role.\nA person may not hold office as the public guardian while the person holds another office having functions concerning—\nthe rights and interests of, or the provision of services or facilities to, adults with impaired capacity for a matter; or\nthe rights and interests of, or the provision of services or facilities to, children.\n(sec.94-ssec.1) The public guardian is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.94-ssec.2) The Minister may recommend a person for appointment only if the Minister is satisfied the person has demonstrated qualities of leadership, management and innovation in a senior government or private sector role.\n(sec.94-ssec.3) A person may not hold office as the public guardian while the person holds another office having functions concerning— the rights and interests of, or the provision of services or facilities to, adults with impaired capacity for a matter; or the rights and interests of, or the provision of services or facilities to, children.\n- (a) the rights and interests of, or the provision of services or facilities to, adults with impaired capacity for a matter; or\n- (b) the rights and interests of, or the provision of services or facilities to, children.","sortOrder":114},{"sectionNumber":"sec.95","sectionType":"section","heading":"Public guardian employed under this Act","content":"### sec.95 Public guardian employed under this Act\n\nThe public guardian is appointed under this Act and not under the Public Sector Act 2022 .\ns 95 amd 2022 No. 34 s 365 sch 3","sortOrder":115},{"sectionNumber":"sec.96","sectionType":"section","heading":"Selection","content":"### sec.96 Selection\n\nFor selecting a person for recommendation for appointment as public guardian, the Minister must advertise for applications from appropriately qualified persons to be considered for selection.\nThe Minister may recommend to the Governor in Council a person for appointment as public guardian only if subsection (1) has been complied with for the appointment.\nSubsections (1) and (2) do not apply to the reappointment of a person as the public guardian.\n(sec.96-ssec.1) For selecting a person for recommendation for appointment as public guardian, the Minister must advertise for applications from appropriately qualified persons to be considered for selection.\n(sec.96-ssec.2) The Minister may recommend to the Governor in Council a person for appointment as public guardian only if subsection (1) has been complied with for the appointment.\n(sec.96-ssec.3) Subsections (1) and (2) do not apply to the reappointment of a person as the public guardian.","sortOrder":116},{"sectionNumber":"sec.97","sectionType":"section","heading":"Term of office","content":"### sec.97 Term of office\n\nSubject to this part, the public guardian holds office for a term of not longer than 5 years.\nHowever, the public guardian may be reappointed—see the Acts Interpretation Act 1954 , section 25 (1) (c) .","sortOrder":117},{"sectionNumber":"sec.98","sectionType":"section","heading":"Conditions of appointment","content":"### sec.98 Conditions of appointment\n\nThe public guardian is to be paid the remuneration and allowances decided by the Governor in Council.\nThe public guardian holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.98-ssec.1) The public guardian is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.98-ssec.2) The public guardian holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":118},{"sectionNumber":"sec.99","sectionType":"section","heading":"Vacancy in office","content":"### sec.99 Vacancy in office\n\nThe office of public guardian becomes vacant—\nif the public guardian—\nresigns office by signed notice to the Minister giving at least 1 month’s notice; or\nis convicted of an indictable offence; or\nis a person who is an insolvent under administration; or\nis removed from office by the Governor in Council under subsection (2) ; or\nif the public guardian is suspended by the Minister under subsection (4) —during the period of suspension.\nThe Governor in Council may, at any time, remove the public guardian from office on the recommendation of the Minister.\nThe Minister may recommend the public guardian’s removal if the Minister is satisfied the public guardian—\nhas been guilty of misconduct; or\nis incapable of performing his or her duties; or\nhas neglected his or her duties or performed them incompetently.\nThe Minister may suspend the public guardian for up to 60 days by signed notice to the public guardian if—\nthere is an allegation of misconduct against the public guardian; or\nthe Minister is satisfied a matter has arisen in relation to the public guardian that may be grounds for removal under this section.\ns 99 amd 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.99-ssec.1) The office of public guardian becomes vacant— if the public guardian— resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or if the public guardian is suspended by the Minister under subsection (4) —during the period of suspension.\n(sec.99-ssec.2) The Governor in Council may, at any time, remove the public guardian from office on the recommendation of the Minister.\n(sec.99-ssec.3) The Minister may recommend the public guardian’s removal if the Minister is satisfied the public guardian— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently.\n(sec.99-ssec.4) The Minister may suspend the public guardian for up to 60 days by signed notice to the public guardian if— there is an allegation of misconduct against the public guardian; or the Minister is satisfied a matter has arisen in relation to the public guardian that may be grounds for removal under this section.\n- (a) if the public guardian— (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or (ii) is convicted of an indictable offence; or (iii) is a person who is an insolvent under administration; or (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (ii) is convicted of an indictable offence; or\n- (iii) is a person who is an insolvent under administration; or\n- (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (b) if the public guardian is suspended by the Minister under subsection (4) —during the period of suspension.\n- (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (ii) is convicted of an indictable offence; or\n- (iii) is a person who is an insolvent under administration; or\n- (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (a) has been guilty of misconduct; or\n- (b) is incapable of performing his or her duties; or\n- (c) has neglected his or her duties or performed them incompetently.\n- (a) there is an allegation of misconduct against the public guardian; or\n- (b) the Minister is satisfied a matter has arisen in relation to the public guardian that may be grounds for removal under this section.","sortOrder":119},{"sectionNumber":"sec.100","sectionType":"section","heading":"Preservation of rights of public guardian","content":"### sec.100 Preservation of rights of public guardian\n\nThis section applies if a public service officer is appointed as the public guardian.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as public guardian were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation as the public guardian, the person’s service as public guardian is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.100-ssec.1) This section applies if a public service officer is appointed as the public guardian.\n(sec.100-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as public guardian were a continuation of service as a public service officer.\n(sec.100-ssec.3) At the end of the person’s term of office or on resignation as the public guardian, the person’s service as public guardian is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":120},{"sectionNumber":"sec.101","sectionType":"section","heading":"Acting public guardian","content":"### sec.101 Acting public guardian\n\nIf there is a vacancy in the office of public guardian or the public guardian is absent or for any other reason is unable to perform the functions of the office, the Minister may appoint a person to act as public guardian for a period of not more than 6 months.\nA person can not be appointed to act as the public guardian unless the Minister could recommend the person be appointed as public guardian under section 94 .\nA person appointed to act as public guardian may be appointed to act as public guardian for a further period—\nby the Minister, if the appointment is continuous on 1 or more of the person’s previous appointments as acting public guardian and the total period of continuous appointments is not more than 6 months; or\nby the Governor in Council in other circumstances.\nThe Governor in Council may at any time cancel the appointment of a person to act as public guardian.\n(sec.101-ssec.1) If there is a vacancy in the office of public guardian or the public guardian is absent or for any other reason is unable to perform the functions of the office, the Minister may appoint a person to act as public guardian for a period of not more than 6 months.\n(sec.101-ssec.2) A person can not be appointed to act as the public guardian unless the Minister could recommend the person be appointed as public guardian under section 94 .\n(sec.101-ssec.3) A person appointed to act as public guardian may be appointed to act as public guardian for a further period— by the Minister, if the appointment is continuous on 1 or more of the person’s previous appointments as acting public guardian and the total period of continuous appointments is not more than 6 months; or by the Governor in Council in other circumstances.\n(sec.101-ssec.4) The Governor in Council may at any time cancel the appointment of a person to act as public guardian.\n- (a) by the Minister, if the appointment is continuous on 1 or more of the person’s previous appointments as acting public guardian and the total period of continuous appointments is not more than 6 months; or\n- (b) by the Governor in Council in other circumstances.","sortOrder":121},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Office and staff of the public guardian","content":"# Office and staff of the public guardian","sortOrder":122},{"sectionNumber":"sec.102","sectionType":"section","heading":"Office","content":"### sec.102 Office\n\nAn office called the office of the public guardian is established.\nThe office of the public guardian consists of the public guardian and the staff of the office.\n(sec.102-ssec.1) An office called the office of the public guardian is established.\n(sec.102-ssec.2) The office of the public guardian consists of the public guardian and the staff of the office.","sortOrder":123},{"sectionNumber":"sec.103","sectionType":"section","heading":"Control of the office","content":"### sec.103 Control of the office\n\nThe public guardian is to control the office.\nSubsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring that the office is supplied with the administrative support services that it requires to carry out its functions effectively and efficiently.\nThe public trustee also provides the public guardian with financial and other resources approved by the Minister. See the Public Trustee Act 1978 , s 63A .\n(sec.103-ssec.1) The public guardian is to control the office.\n(sec.103-ssec.2) Subsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring that the office is supplied with the administrative support services that it requires to carry out its functions effectively and efficiently. The public trustee also provides the public guardian with financial and other resources approved by the Minister. See the Public Trustee Act 1978 , s 63A .","sortOrder":124},{"sectionNumber":"sec.104","sectionType":"section","heading":"Staff","content":"### sec.104 Staff\n\nThe staff of the office are employed under the Public Sector Act 2022 .\nThe following persons are not staff of the office—\na person consulted, employed or remunerated under section 105 ;\na person holding appointment as a community visitor.\ns 104 amd 2022 No. 34 s 365 sch 3\n(sec.104-ssec.1) The staff of the office are employed under the Public Sector Act 2022 .\n(sec.104-ssec.2) The following persons are not staff of the office— a person consulted, employed or remunerated under section 105 ; a person holding appointment as a community visitor.\n- (a) a person consulted, employed or remunerated under section 105 ;\n- (b) a person holding appointment as a community visitor.","sortOrder":125},{"sectionNumber":"sec.105","sectionType":"section","heading":"Consultation and employment of professionals, etc.","content":"### sec.105 Consultation and employment of professionals, etc.\n\nIn performing the public guardian’s functions, the public guardian may consult with, employ, and remunerate the medical, legal, accounting or other professionals the public guardian considers necessary.\nAlso, in performing the public guardian’s functions, the public guardian may—\nobtain help from someone else whom the public guardian considers to be appropriately qualified to give the help; and\ncooperate with any service provider or other entity providing services or dealing with issues affecting children.\nThe public guardian may enter into arrangements to secure a service provider’s cooperation to obtain information about services or issues affecting children.\nThe public guardian is entitled to reimbursement from an adult for remuneration paid under subsection (1) in relation to the adult.\nIn this section—\nservice provider includes an entity providing a service under an arrangement that involves a written agreement to which a service provider is a party.\nservices provided to children under foster care arrangements\n(sec.105-ssec.1) In performing the public guardian’s functions, the public guardian may consult with, employ, and remunerate the medical, legal, accounting or other professionals the public guardian considers necessary.\n(sec.105-ssec.2) Also, in performing the public guardian’s functions, the public guardian may— obtain help from someone else whom the public guardian considers to be appropriately qualified to give the help; and cooperate with any service provider or other entity providing services or dealing with issues affecting children. The public guardian may enter into arrangements to secure a service provider’s cooperation to obtain information about services or issues affecting children.\n(sec.105-ssec.3) The public guardian is entitled to reimbursement from an adult for remuneration paid under subsection (1) in relation to the adult.\n(sec.105-ssec.4) In this section— service provider includes an entity providing a service under an arrangement that involves a written agreement to which a service provider is a party. services provided to children under foster care arrangements\n- (a) obtain help from someone else whom the public guardian considers to be appropriately qualified to give the help; and\n- (b) cooperate with any service provider or other entity providing services or dealing with issues affecting children.","sortOrder":126},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"External contractors","content":"# External contractors","sortOrder":127},{"sectionNumber":"sec.106","sectionType":"section","heading":"Engaging external contractor","content":"### sec.106 Engaging external contractor\n\nThe public guardian may, in writing, authorise an entity (an external contractor ) to perform a child advocate function ( authorised function ) the public guardian may perform under this Act.\nHowever, the public guardian may not authorise an external contractor—\nto provide the community visitor program (child); or\nto perform the functions of a community visitor (child); or\nto apply for a warrant under section 79 .\nWhen performing an authorised function, an external contractor has the same powers as the public guardian, including a power of delegation, but not including the power to authorise an external contractor under subsection (1) .\nThe public guardian may give the authority subject to stated conditions and limitations, including, for example, a condition—\nthat a particular power only be exercised subject to a decision of the public guardian; or\na condition requiring the external contractor to obtain the public guardian’s approval before delegating a particular power\nimposing particular duties on the external contractor’s employees.\na condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian\na condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994\nThe authorisation of an external contractor to perform an authorised function does not relieve the public guardian of the public guardian’s obligation to ensure the function is properly performed.\nLaws apply to the external contractor, and to persons in relationship to the external contractor, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the external contractor were the public guardian.\nIn this section—\nentity does not include a public service employee.\n(sec.106-ssec.1) The public guardian may, in writing, authorise an entity (an external contractor ) to perform a child advocate function ( authorised function ) the public guardian may perform under this Act.\n(sec.106-ssec.2) However, the public guardian may not authorise an external contractor— to provide the community visitor program (child); or to perform the functions of a community visitor (child); or to apply for a warrant under section 79 .\n(sec.106-ssec.3) When performing an authorised function, an external contractor has the same powers as the public guardian, including a power of delegation, but not including the power to authorise an external contractor under subsection (1) .\n(sec.106-ssec.4) The public guardian may give the authority subject to stated conditions and limitations, including, for example, a condition— that a particular power only be exercised subject to a decision of the public guardian; or a condition requiring the external contractor to obtain the public guardian’s approval before delegating a particular power imposing particular duties on the external contractor’s employees. a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994\n(sec.106-ssec.5) The authorisation of an external contractor to perform an authorised function does not relieve the public guardian of the public guardian’s obligation to ensure the function is properly performed.\n(sec.106-ssec.6) Laws apply to the external contractor, and to persons in relationship to the external contractor, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the external contractor were the public guardian.\n(sec.106-ssec.7) In this section— entity does not include a public service employee.\n- (a) to provide the community visitor program (child); or\n- (b) to perform the functions of a community visitor (child); or\n- (c) to apply for a warrant under section 79 .\n- (a) that a particular power only be exercised subject to a decision of the public guardian; or Example— a condition requiring the external contractor to obtain the public guardian’s approval before delegating a particular power\n- (b) imposing particular duties on the external contractor’s employees. Examples— • a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian • a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994\n- • a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian\n- • a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994\n- • a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian\n- • a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994","sortOrder":128},{"sectionNumber":"sec.107","sectionType":"section","heading":"Acts applying to external contractor","content":"### sec.107 Acts applying to external contractor\n\nThe Right to Information Act 2009 applies to an external contractor prescribed under a regulation as if—\nthe contractor were an agency; and\nthe holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and\nthe Minister were the responsible Minister.\nThe Crime and Corruption Act 2001 applies to an external contractor prescribed under a regulation as if—\nthe contractor were a unit of public administration; and\nthe holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and\na person employed by the contractor were a person holding an appointment in a unit of public administration.\nThe Judicial Review Act 1991 applies to an external contractor prescribed under a regulation as if—\nthe contractor were a State authority; and\na decision of an administrative character made, proposed to be made, or required to be made, by the contractor or a person employed by the contractor, whether or not in the exercise of a discretion, were a decision to which that Act applies.\nThe Ombudsman Act 2001 applies to an external contractor prescribed under a regulation as if—\nthe contractor were an agency; and\nthe holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and\na person employed by the contractor were an officer of an agency; and\nthe Minister were the responsible Minister.\nThe Public Interest Disclosure Act 2010 applies to an external contractor as if—\nthe contractor were a public sector entity; and\na person employed by the contractor were a public officer; and\nthe holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor.\ns 107 amd 2019 No. 9 s 98 sch 1 ; 2023 No. 32 s 141 s ch 1 pt 2\n(sec.107-ssec.1) The Right to Information Act 2009 applies to an external contractor prescribed under a regulation as if— the contractor were an agency; and the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and the Minister were the responsible Minister.\n(sec.107-ssec.2) The Crime and Corruption Act 2001 applies to an external contractor prescribed under a regulation as if— the contractor were a unit of public administration; and the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and a person employed by the contractor were a person holding an appointment in a unit of public administration.\n(sec.107-ssec.3) The Judicial Review Act 1991 applies to an external contractor prescribed under a regulation as if— the contractor were a State authority; and a decision of an administrative character made, proposed to be made, or required to be made, by the contractor or a person employed by the contractor, whether or not in the exercise of a discretion, were a decision to which that Act applies.\n(sec.107-ssec.4) The Ombudsman Act 2001 applies to an external contractor prescribed under a regulation as if— the contractor were an agency; and the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and a person employed by the contractor were an officer of an agency; and the Minister were the responsible Minister.\n(sec.107-ssec.5) The Public Interest Disclosure Act 2010 applies to an external contractor as if— the contractor were a public sector entity; and a person employed by the contractor were a public officer; and the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor.\n- (a) the contractor were an agency; and\n- (b) the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and\n- (c) the Minister were the responsible Minister.\n- (a) the contractor were a unit of public administration; and\n- (b) the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and\n- (c) a person employed by the contractor were a person holding an appointment in a unit of public administration.\n- (a) the contractor were a State authority; and\n- (b) a decision of an administrative character made, proposed to be made, or required to be made, by the contractor or a person employed by the contractor, whether or not in the exercise of a discretion, were a decision to which that Act applies.\n- (a) the contractor were an agency; and\n- (b) the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor; and\n- (c) a person employed by the contractor were an officer of an agency; and\n- (d) the Minister were the responsible Minister.\n- (a) the contractor were a public sector entity; and\n- (b) a person employed by the contractor were a public officer; and\n- (c) the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor.","sortOrder":129},{"sectionNumber":"sec.108","sectionType":"section","heading":"Review of external contractor’s performance","content":"### sec.108 Review of external contractor’s performance\n\nThe public guardian may appoint an appropriately qualified person to review an external contractor’s performance of its authorised functions.\nThe external contractor must allow the person unlimited access to—\nrecords relating to the performance of the authorised functions; or\npersons employed or engaged by the contractor; or\nanything else stated in the appointment.\nThe person must prepare a report on the review for the public guardian and give it to the public guardian.\n(sec.108-ssec.1) The public guardian may appoint an appropriately qualified person to review an external contractor’s performance of its authorised functions.\n(sec.108-ssec.2) The external contractor must allow the person unlimited access to— records relating to the performance of the authorised functions; or persons employed or engaged by the contractor; or anything else stated in the appointment.\n(sec.108-ssec.3) The person must prepare a report on the review for the public guardian and give it to the public guardian.\n- (a) records relating to the performance of the authorised functions; or\n- (b) persons employed or engaged by the contractor; or\n- (c) anything else stated in the appointment.","sortOrder":130},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Community visitors and child advocacy officers","content":"# Community visitors and child advocacy officers","sortOrder":131},{"sectionNumber":"sec.109","sectionType":"section","heading":"Appointment","content":"### sec.109 Appointment\n\nThe public guardian may appoint a person to be—\na community visitor (adult); or\na community visitor (child); or\nboth a community visitor (adult) and a community visitor (child); or\na child advocacy officer.\nThe basis of employment of a community visitor under an appointment may be—\npermanent; or\ntemporary for a fixed term; or\ncasual.\nEmployment under subsection (2) (a) or (b) may be made on a full-time or part-time basis.\ns 109 amd 2023 No. 1 s 81C\n(sec.109-ssec.1) The public guardian may appoint a person to be— a community visitor (adult); or a community visitor (child); or both a community visitor (adult) and a community visitor (child); or a child advocacy officer.\n(sec.109-ssec.2) The basis of employment of a community visitor under an appointment may be— permanent; or temporary for a fixed term; or casual.\n(sec.109-ssec.3) Employment under subsection (2) (a) or (b) may be made on a full-time or part-time basis.\n- (a) a community visitor (adult); or\n- (b) a community visitor (child); or\n- (c) both a community visitor (adult) and a community visitor (child); or\n- (d) a child advocacy officer.\n- (a) permanent; or\n- (b) temporary for a fixed term; or\n- (c) casual.","sortOrder":132},{"sectionNumber":"sec.110","sectionType":"section","heading":"Eligibility for appointment as community visitor (adult)","content":"### sec.110 Eligibility for appointment as community visitor (adult)\n\nA person is eligible for appointment as a community visitor (adult) only if the public guardian considers the person has knowledge, experience or skills needed to perform the functions of a community visitor (adult).\nHowever, a person may not hold office as a community visitor (adult) while the person—\nis a public service employee of the disability services department or the health department; or\nhas a direct pecuniary interest in any contract with the disability services department or the health department; or\nhas a direct pecuniary interest in any visitable site; or\nholds office as the chief executive officer of the NDIS agency; or\nis an employee of the NDIS agency; or\nis a consultant engaged by the NDIS agency under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 171 ; or\nholds office as the NDIS commissioner; or\nis an employee of the NDIS commission; or\nis a consultant engaged by the NDIS commissioner under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181V .\nIn appointing persons as community visitors (adult), the public guardian must take into account the desirability of community visitors (adult)—\nhaving a range of knowledge, experience or skills relevant to the exercise of the functions of community visitors (adult); and\nreflecting the social and cultural diversity of the general community.\nA community visitor (adult) is appointed under this Act and not under the Public Sector Act 2022 .\nFor subsection (2) , a person is taken to have a direct pecuniary interest if the person’s spouse has a direct pecuniary interest.\ns 110 amd 2019 No. 19 s 72 ; 2022 No. 34 s 365 sch 3\n(sec.110-ssec.1) A person is eligible for appointment as a community visitor (adult) only if the public guardian considers the person has knowledge, experience or skills needed to perform the functions of a community visitor (adult).\n(sec.110-ssec.2) However, a person may not hold office as a community visitor (adult) while the person— is a public service employee of the disability services department or the health department; or has a direct pecuniary interest in any contract with the disability services department or the health department; or has a direct pecuniary interest in any visitable site; or holds office as the chief executive officer of the NDIS agency; or is an employee of the NDIS agency; or is a consultant engaged by the NDIS agency under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 171 ; or holds office as the NDIS commissioner; or is an employee of the NDIS commission; or is a consultant engaged by the NDIS commissioner under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181V .\n(sec.110-ssec.3) In appointing persons as community visitors (adult), the public guardian must take into account the desirability of community visitors (adult)— having a range of knowledge, experience or skills relevant to the exercise of the functions of community visitors (adult); and reflecting the social and cultural diversity of the general community.\n(sec.110-ssec.4) A community visitor (adult) is appointed under this Act and not under the Public Sector Act 2022 .\n(sec.110-ssec.5) For subsection (2) , a person is taken to have a direct pecuniary interest if the person’s spouse has a direct pecuniary interest.\n- (a) is a public service employee of the disability services department or the health department; or\n- (b) has a direct pecuniary interest in any contract with the disability services department or the health department; or\n- (c) has a direct pecuniary interest in any visitable site; or\n- (d) holds office as the chief executive officer of the NDIS agency; or\n- (e) is an employee of the NDIS agency; or\n- (f) is a consultant engaged by the NDIS agency under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 171 ; or\n- (g) holds office as the NDIS commissioner; or\n- (h) is an employee of the NDIS commission; or\n- (i) is a consultant engaged by the NDIS commissioner under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181V .\n- (a) having a range of knowledge, experience or skills relevant to the exercise of the functions of community visitors (adult); and\n- (b) reflecting the social and cultural diversity of the general community.","sortOrder":133},{"sectionNumber":"sec.111","sectionType":"section","heading":"Eligibility for appointment as community visitor (child)","content":"### sec.111 Eligibility for appointment as community visitor (child)\n\nA person is eligible for appointment as a community visitor (child) only if the public guardian considers the person has the knowledge, experience or skills needed to perform the functions of a community visitor (child).\nHowever, a person may not hold office as a community visitor (child) while the person—\nis a member of the police service; or\nis a public service employee employed in—\nthe child safety department; or\nthe corrective services department; or\nthe disability services department; or\nthe health department; or\nthe youth justice department; or\nis engaged in any capacity in relation to a correctional institution, other than as an official visitor under the Corrective Services Act 2006 ; or\nis an approved carer under the Child Protection Act ; or\nholds office as the chief executive officer of the NDIS agency; or\nis an employee of the NDIS agency; or\nis a consultant engaged by the NDIS agency under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 171 ; or\nholds office as the NDIS commissioner; or\nis an employee of the NDIS commission; or\nis a consultant engaged by the NDIS commissioner under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181V .\nIn appointing persons as community visitors (child), the public guardian must take into account the desirability of community visitors (child)—\nhaving a range of knowledge, experience or skills relevant to the exercise of the functions of community visitors (child); and\nreflecting the social and cultural diversity of children in Queensland.\nA community visitor (child) is appointed under this Act and not under the Public Sector Act 2022 .\ns 111 amd 2019 No. 19 s 73 ; 2022 No. 34 s 365 sch 3\n(sec.111-ssec.1) A person is eligible for appointment as a community visitor (child) only if the public guardian considers the person has the knowledge, experience or skills needed to perform the functions of a community visitor (child).\n(sec.111-ssec.2) However, a person may not hold office as a community visitor (child) while the person— is a member of the police service; or is a public service employee employed in— the child safety department; or the corrective services department; or the disability services department; or the health department; or the youth justice department; or is engaged in any capacity in relation to a correctional institution, other than as an official visitor under the Corrective Services Act 2006 ; or is an approved carer under the Child Protection Act ; or holds office as the chief executive officer of the NDIS agency; or is an employee of the NDIS agency; or is a consultant engaged by the NDIS agency under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 171 ; or holds office as the NDIS commissioner; or is an employee of the NDIS commission; or is a consultant engaged by the NDIS commissioner under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181V .\n(sec.111-ssec.3) In appointing persons as community visitors (child), the public guardian must take into account the desirability of community visitors (child)— having a range of knowledge, experience or skills relevant to the exercise of the functions of community visitors (child); and reflecting the social and cultural diversity of children in Queensland.\n(sec.111-ssec.4) A community visitor (child) is appointed under this Act and not under the Public Sector Act 2022 .\n- (a) is a member of the police service; or\n- (b) is a public service employee employed in— (i) the child safety department; or (ii) the corrective services department; or (iii) the disability services department; or (iv) the health department; or (v) the youth justice department; or\n- (i) the child safety department; or\n- (ii) the corrective services department; or\n- (iii) the disability services department; or\n- (iv) the health department; or\n- (v) the youth justice department; or\n- (c) is engaged in any capacity in relation to a correctional institution, other than as an official visitor under the Corrective Services Act 2006 ; or\n- (d) is an approved carer under the Child Protection Act ; or\n- (e) holds office as the chief executive officer of the NDIS agency; or\n- (f) is an employee of the NDIS agency; or\n- (g) is a consultant engaged by the NDIS agency under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 171 ; or\n- (h) holds office as the NDIS commissioner; or\n- (i) is an employee of the NDIS commission; or\n- (j) is a consultant engaged by the NDIS commissioner under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 181V .\n- (i) the child safety department; or\n- (ii) the corrective services department; or\n- (iii) the disability services department; or\n- (iv) the health department; or\n- (v) the youth justice department; or\n- (a) having a range of knowledge, experience or skills relevant to the exercise of the functions of community visitors (child); and\n- (b) reflecting the social and cultural diversity of children in Queensland.","sortOrder":134},{"sectionNumber":"sec.112","sectionType":"section","heading":"Eligibility for appointment as child advocacy officer","content":"### sec.112 Eligibility for appointment as child advocacy officer\n\nA person is eligible for appointment as a child advocacy officer only if the person is a member of the public guardian’s staff and the public guardian considers the person has the knowledge, experience or skills needed to perform the functions of a child advocacy officer.","sortOrder":135},{"sectionNumber":"sec.113","sectionType":"section","heading":"Vacancy in office","content":"### sec.113 Vacancy in office\n\nThe office of a community visitor becomes vacant and the person’s appointment as a community visitor ends if—\nthe community visitor completes a fixed term and is not reappointed; or\nthe community visitor resigns by notice of resignation given to the public guardian—\nat least 2 weeks before the notice is to take effect; or\nwithin a shorter period approved by the public guardian; or\nfor a community visitor (adult)—the person is, or becomes, ineligible to hold office under section 110 (2) ; or\nfor a community visitor (child)—the person is, or becomes, ineligible to hold office under section 111 (2) .\nA notice of resignation mentioned in subsection (1) (b) takes effect in accordance with its terms and without needing the acceptance of the public guardian.\ns 113 sub 2023 No. 23 s 173\n(sec.113-ssec.1) The office of a community visitor becomes vacant and the person’s appointment as a community visitor ends if— the community visitor completes a fixed term and is not reappointed; or the community visitor resigns by notice of resignation given to the public guardian— at least 2 weeks before the notice is to take effect; or within a shorter period approved by the public guardian; or for a community visitor (adult)—the person is, or becomes, ineligible to hold office under section 110 (2) ; or for a community visitor (child)—the person is, or becomes, ineligible to hold office under section 111 (2) .\n(sec.113-ssec.2) A notice of resignation mentioned in subsection (1) (b) takes effect in accordance with its terms and without needing the acceptance of the public guardian.\n- (a) the community visitor completes a fixed term and is not reappointed; or\n- (b) the community visitor resigns by notice of resignation given to the public guardian— (i) at least 2 weeks before the notice is to take effect; or (ii) within a shorter period approved by the public guardian; or\n- (i) at least 2 weeks before the notice is to take effect; or\n- (ii) within a shorter period approved by the public guardian; or\n- (c) for a community visitor (adult)—the person is, or becomes, ineligible to hold office under section 110 (2) ; or\n- (d) for a community visitor (child)—the person is, or becomes, ineligible to hold office under section 111 (2) .\n- (i) at least 2 weeks before the notice is to take effect; or\n- (ii) within a shorter period approved by the public guardian; or","sortOrder":136},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Termination of community visitor","content":"### sec.113A Termination of community visitor\n\nThe public guardian may terminate the appointment of a community visitor if the community visitor has been convicted of an offence the public guardian considers makes the person unsuitable to perform the duties of a community visitor.\nIn this section—\nconvicted means found guilty, or having a plea of guilty accepted, by a court, whether or not a conviction is recorded.\ns 113A ins 2023 No. 23 s 173\n(sec.113A-ssec.1) The public guardian may terminate the appointment of a community visitor if the community visitor has been convicted of an offence the public guardian considers makes the person unsuitable to perform the duties of a community visitor.\n(sec.113A-ssec.2) In this section— convicted means found guilty, or having a plea of guilty accepted, by a court, whether or not a conviction is recorded.","sortOrder":137},{"sectionNumber":"sec.114","sectionType":"section","heading":"Terms of appointment of community visitors","content":"### sec.114 Terms of appointment of community visitors\n\nThe public guardian must decide the remuneration and allowances payable to community visitors.\nA community visitor is entitled to be paid the remuneration and allowances decided by the public guardian.\nTo the extent this Act does not state the terms on which a community visitor holds office, the visitor holds office on the terms decided by the public guardian and stated in the visitor’s instrument of appointment.\nThis section applies subject to the Industrial Relations Act 2016 and any relevant industrial instrument under that Act.\n(sec.114-ssec.1) The public guardian must decide the remuneration and allowances payable to community visitors.\n(sec.114-ssec.2) A community visitor is entitled to be paid the remuneration and allowances decided by the public guardian.\n(sec.114-ssec.3) To the extent this Act does not state the terms on which a community visitor holds office, the visitor holds office on the terms decided by the public guardian and stated in the visitor’s instrument of appointment.\n(sec.114-ssec.4) This section applies subject to the Industrial Relations Act 2016 and any relevant industrial instrument under that Act.","sortOrder":138},{"sectionNumber":"sec.115","sectionType":"section","heading":"Limitation of powers","content":"### sec.115 Limitation of powers\n\nThe powers of a community visitor or child advocacy officer may be limited—\nby regulation; or\nunder a condition of appointment; or\nby written notice of the public guardian given to the visitor or officer.\nNotice under subsection (1) (c) may be given orally, but must be confirmed in writing as soon as practicable after it is given.\n(sec.115-ssec.1) The powers of a community visitor or child advocacy officer may be limited— by regulation; or under a condition of appointment; or by written notice of the public guardian given to the visitor or officer.\n(sec.115-ssec.2) Notice under subsection (1) (c) may be given orally, but must be confirmed in writing as soon as practicable after it is given.\n- (a) by regulation; or\n- (b) under a condition of appointment; or\n- (c) by written notice of the public guardian given to the visitor or officer.","sortOrder":139},{"sectionNumber":"sec.116","sectionType":"section","heading":"Identity card","content":"### sec.116 Identity card\n\nThe public guardian must give each community visitor and each child advocacy officer an identity card.\nThe identity card must—\ncontain a recent photo of the visitor or officer; and\nbe in the approved form; and\nbe signed by the visitor or officer; and\nidentify the person as—\na community visitor (adult) under this Act; or\na community visitor (child) under this Act; or\na community visitor (adult) and a community visitor (child) under this Act; or\na child advocacy officer under this Act; and\nstate the expiry date for the card.\n(sec.116-ssec.1) The public guardian must give each community visitor and each child advocacy officer an identity card.\n(sec.116-ssec.2) The identity card must— contain a recent photo of the visitor or officer; and be in the approved form; and be signed by the visitor or officer; and identify the person as— a community visitor (adult) under this Act; or a community visitor (child) under this Act; or a community visitor (adult) and a community visitor (child) under this Act; or a child advocacy officer under this Act; and state the expiry date for the card.\n- (a) contain a recent photo of the visitor or officer; and\n- (b) be in the approved form; and\n- (c) be signed by the visitor or officer; and\n- (d) identify the person as— (i) a community visitor (adult) under this Act; or (ii) a community visitor (child) under this Act; or (iii) a community visitor (adult) and a community visitor (child) under this Act; or (iv) a child advocacy officer under this Act; and\n- (i) a community visitor (adult) under this Act; or\n- (ii) a community visitor (child) under this Act; or\n- (iii) a community visitor (adult) and a community visitor (child) under this Act; or\n- (iv) a child advocacy officer under this Act; and\n- (e) state the expiry date for the card.\n- (i) a community visitor (adult) under this Act; or\n- (ii) a community visitor (child) under this Act; or\n- (iii) a community visitor (adult) and a community visitor (child) under this Act; or\n- (iv) a child advocacy officer under this Act; and","sortOrder":140},{"sectionNumber":"sec.117","sectionType":"section","heading":"Failure to return identity card","content":"### sec.117 Failure to return identity card\n\nA person who ceases to be a community visitor or child advocacy officer must return the person’s identity card to the public guardian within 21 days after ceasing to be a community visitor or child advocacy officer, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":141},{"sectionNumber":"sec.118","sectionType":"section","heading":"Production or display of identity card","content":"### sec.118 Production or display of identity card\n\nA community visitor or child advocacy officer may exercise a power in relation to another person only if the visitor or officer—\nfirst produces his or her identity card for the person’s inspection; or\nhas the visitor’s or officer’s identity card displayed so it is clearly visible to the other person.\n- (a) first produces his or her identity card for the person’s inspection; or\n- (b) has the visitor’s or officer’s identity card displayed so it is clearly visible to the other person.","sortOrder":142},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Assessing suitability of persons to be engaged or continue in particular employment","content":"# Assessing suitability of persons to be engaged or continue in particular employment","sortOrder":143},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Suitability of persons to be or continue to be engaged as community visitors","content":"## Suitability of persons to be or continue to be engaged as community visitors","sortOrder":144},{"sectionNumber":"sec.119","sectionType":"section","heading":"Application of division","content":"### sec.119 Application of division\n\nThis division applies, despite the Public Sector Act 2022 , chapter 3 , part 5 , in relation to assessing the suitability of a person to be, or continue to be, appointed as a community visitor.\ns 119 sub 2023 No. 23 s 176","sortOrder":145},{"sectionNumber":"sec.119A","sectionType":"section","heading":"Disclosure of criminal history","content":"### sec.119A Disclosure of criminal history\n\nA person seeking to be engaged by the public guardian as a community visitor must disclose to the public guardian, before being engaged—\nwhether or not the person has a criminal history; and\nif the person has a criminal history—the person’s complete criminal history.\ns 119A ins 2023 No. 23 s 176\n- (a) whether or not the person has a criminal history; and\n- (b) if the person has a criminal history—the person’s complete criminal history.","sortOrder":146},{"sectionNumber":"sec.120","sectionType":"section","heading":"Investigations about suitability","content":"### sec.120 Investigations about suitability\n\nThe public guardian may make investigations about a person to help the public guardian decide whether the person is suitable to be, or continue to be, a community visitor.\nWithout limiting subsection (1) , the public guardian may ask the commissioner of the police service for a written report about the criminal history of the person.\nThe commissioner must give the report to the public guardian.\nHowever, the report is required to contain only criminal history the commissioner has, or has access to.\ns 120 amd 2023 No. 23 s 177\n(sec.120-ssec.1) The public guardian may make investigations about a person to help the public guardian decide whether the person is suitable to be, or continue to be, a community visitor.\n(sec.120-ssec.2) Without limiting subsection (1) , the public guardian may ask the commissioner of the police service for a written report about the criminal history of the person.\n(sec.120-ssec.3) The commissioner must give the report to the public guardian.\n(sec.120-ssec.4) However, the report is required to contain only criminal history the commissioner has, or has access to.","sortOrder":147},{"sectionNumber":"sec.121","sectionType":"section","heading":"Community visitor to disclose change in criminal history","content":"### sec.121 Community visitor to disclose change in criminal history\n\nThis section applies if there is a change in the criminal history of a community visitor.\nThe community visitor must immediately disclose the details of the change to the public guardian.\nThe disclosure under subsection (2) must be in the approved form.\nThe information disclosed about a conviction or charge in the visitor’s criminal history must include—\nthe existence of the conviction or charge; and\nwhen the offence was committed or alleged to have been committed; and\nthe details of the offence or alleged offence; and\nfor a conviction—whether or not a conviction was recorded and the sentence imposed on the visitor.\nFor a community visitor who does not have a criminal history, there is taken to be a change to the visitor’s criminal history if the visitor acquires a criminal history.\ns 121 sub 2023 No. 23 s 178\n(sec.121-ssec.1) This section applies if there is a change in the criminal history of a community visitor.\n(sec.121-ssec.2) The community visitor must immediately disclose the details of the change to the public guardian.\n(sec.121-ssec.3) The disclosure under subsection (2) must be in the approved form.\n(sec.121-ssec.4) The information disclosed about a conviction or charge in the visitor’s criminal history must include— the existence of the conviction or charge; and when the offence was committed or alleged to have been committed; and the details of the offence or alleged offence; and for a conviction—whether or not a conviction was recorded and the sentence imposed on the visitor.\n(sec.121-ssec.5) For a community visitor who does not have a criminal history, there is taken to be a change to the visitor’s criminal history if the visitor acquires a criminal history.\n- (a) the existence of the conviction or charge; and\n- (b) when the offence was committed or alleged to have been committed; and\n- (c) the details of the offence or alleged offence; and\n- (d) for a conviction—whether or not a conviction was recorded and the sentence imposed on the visitor.","sortOrder":148},{"sectionNumber":"sec.122","sectionType":"section","heading":"Failing to make disclosure or making false, misleading or incomplete disclosure","content":"### sec.122 Failing to make disclosure or making false, misleading or incomplete disclosure\n\nA community visitor must not—\nfail to give the public guardian a disclosure as required under section 119A or 121 , unless the visitor has a reasonable excuse; or\ngive the public guardian an approved form under section 121 that is false, misleading or incomplete in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (1) (b) does not apply to a visitor in relation to particular information that the visitor is unable to provide if the visitor—\nindicates in the approved form the information that the visitor is unable to provide; and\notherwise gives the information in the approved form to the best of the visitor’s ability.\ns 122 amd 2023 No. 23 s 179\n(sec.122-ssec.1) A community visitor must not— fail to give the public guardian a disclosure as required under section 119A or 121 , unless the visitor has a reasonable excuse; or give the public guardian an approved form under section 121 that is false, misleading or incomplete in a material particular. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.122-ssec.2) Subsection (1) (b) does not apply to a visitor in relation to particular information that the visitor is unable to provide if the visitor— indicates in the approved form the information that the visitor is unable to provide; and otherwise gives the information in the approved form to the best of the visitor’s ability.\n- (a) fail to give the public guardian a disclosure as required under section 119A or 121 , unless the visitor has a reasonable excuse; or\n- (b) give the public guardian an approved form under section 121 that is false, misleading or incomplete in a material particular.\n- (a) indicates in the approved form the information that the visitor is unable to provide; and\n- (b) otherwise gives the information in the approved form to the best of the visitor’s ability.","sortOrder":149},{"sectionNumber":"sec.123","sectionType":"section","heading":"Person to be advised of information obtained from commissioner of the police service","content":"### sec.123 Person to be advised of information obtained from commissioner of the police service\n\nThis section applies to information obtained by the public guardian about a person under section 120 from the commissioner of the police service.\nBefore using the information to assess the person’s suitability to be a community visitor, the public guardian must—\ndisclose the information to the person; and\nallow the person a reasonable opportunity to make representations to the public guardian about the information.\ns 123 amd 2023 No. 23 s 180\n(sec.123-ssec.1) This section applies to information obtained by the public guardian about a person under section 120 from the commissioner of the police service.\n(sec.123-ssec.2) Before using the information to assess the person’s suitability to be a community visitor, the public guardian must— disclose the information to the person; and allow the person a reasonable opportunity to make representations to the public guardian about the information.\n- (a) disclose the information to the person; and\n- (b) allow the person a reasonable opportunity to make representations to the public guardian about the information.","sortOrder":150},{"sectionNumber":"sec.124","sectionType":"section","heading":"Use of information obtained under this part","content":"### sec.124 Use of information obtained under this part\n\nThis section applies to the public guardian in considering information about a person received under this part.\nThe information must not be used for any purpose other than assessing the person’s suitability to be, or continue to be, a community visitor.\nWhen making the assessment, the public guardian must have regard to the following matters relating to any criminal history—\nwhen the offence was committed or was alleged to have been committed;\nthe nature of the offence and its relevance to the person’s duties or proposed duties as a community visitor;\nanything else the public guardian considers relevant to the assessment of the person.\ns 124 amd 2023 No. 23 s 181\n(sec.124-ssec.1) This section applies to the public guardian in considering information about a person received under this part.\n(sec.124-ssec.2) The information must not be used for any purpose other than assessing the person’s suitability to be, or continue to be, a community visitor.\n(sec.124-ssec.3) When making the assessment, the public guardian must have regard to the following matters relating to any criminal history— when the offence was committed or was alleged to have been committed; the nature of the offence and its relevance to the person’s duties or proposed duties as a community visitor; anything else the public guardian considers relevant to the assessment of the person.\n- (a) when the offence was committed or was alleged to have been committed;\n- (b) the nature of the offence and its relevance to the person’s duties or proposed duties as a community visitor;\n- (c) anything else the public guardian considers relevant to the assessment of the person.","sortOrder":151},{"sectionNumber":"sec.125","sectionType":"section","heading":"Guidelines for dealing with information obtained under this part","content":"### sec.125 Guidelines for dealing with information obtained under this part\n\nThe public guardian may make a guideline for dealing with information obtained under this part.\nThe purpose of the guidelines is to ensure—\nprocedural fairness is afforded to a person about whom the information is obtained; and\nonly relevant information is used in assessing the person’s suitability to be appointed as a community visitor; and\ndecisions about the suitability of persons, based on the information, are made consistently.\nIf the public guardian makes a guideline under subsection (1) , the public guardian must give a copy of the guideline to—\na person seeking to be engaged by the public guardian as a community visitor; and\nif a community visitor asks for a copy of the guideline—the community visitor.\ns 125 sub 2023 No. 23 s 182\n(sec.125-ssec.1) The public guardian may make a guideline for dealing with information obtained under this part.\n(sec.125-ssec.2) The purpose of the guidelines is to ensure— procedural fairness is afforded to a person about whom the information is obtained; and only relevant information is used in assessing the person’s suitability to be appointed as a community visitor; and decisions about the suitability of persons, based on the information, are made consistently.\n(sec.125-ssec.3) If the public guardian makes a guideline under subsection (1) , the public guardian must give a copy of the guideline to— a person seeking to be engaged by the public guardian as a community visitor; and if a community visitor asks for a copy of the guideline—the community visitor.\n- (a) procedural fairness is afforded to a person about whom the information is obtained; and\n- (b) only relevant information is used in assessing the person’s suitability to be appointed as a community visitor; and\n- (c) decisions about the suitability of persons, based on the information, are made consistently.\n- (a) a person seeking to be engaged by the public guardian as a community visitor; and\n- (b) if a community visitor asks for a copy of the guideline—the community visitor.","sortOrder":152},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Suitability of persons to be engaged as child advocacy officers","content":"## Suitability of persons to be engaged as child advocacy officers","sortOrder":153},{"sectionNumber":"sec.125A","sectionType":"section","heading":"Disclosure of criminal history","content":"### sec.125A Disclosure of criminal history\n\nA person seeking to be engaged by the public guardian as a child advocacy officer must disclose to the public guardian, before being engaged—\nwhether or not the person has a criminal history; and\nif the person has a criminal history—the person’s complete criminal history.\ns 125A ins 2023 No. 23 s 183\n- (a) whether or not the person has a criminal history; and\n- (b) if the person has a criminal history—the person’s complete criminal history.","sortOrder":154},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":155},{"sectionNumber":"sec.126","sectionType":"section","heading":"Annual report","content":"### sec.126 Annual report\n\nAs soon as practicable after the close of each financial year but not later than 4 months after the close, the public guardian must—\nprepare a report on the performance of the public guardian’s functions during the year, including—\na report on the performance of the adult guardian functions; and\na report on the performance of the child advocate functions; and\ngive a copy of the report to the Minister.\nThe public guardian must include in the annual report a report on each of the following—\nthe operations of community visitors during the year, including the number of entries of visitable sites outside normal hours authorised by the public guardian;\nthe number of notices under the Mental Health Act 2016 , section 231 , received by the public guardian during the year, about the admission of minors to authorised mental health services;\nthe operations of community visitors (child) during the year relating to the minors mentioned in paragraph (b) , including—\nthe number of entries of visitable sites relating to the minors made by the visitors; and\nthe types of issues, affecting the rights and interests of the minors, raised by the visitors.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\ns 126 amd 2016 No. 5 s 923 sch 4 ; 2019 No. 9 s 98 sch 1 (amdt 2 could not be given effect)\n(sec.126-ssec.1) As soon as practicable after the close of each financial year but not later than 4 months after the close, the public guardian must— prepare a report on the performance of the public guardian’s functions during the year, including— a report on the performance of the adult guardian functions; and a report on the performance of the child advocate functions; and give a copy of the report to the Minister.\n(sec.126-ssec.2) The public guardian must include in the annual report a report on each of the following— the operations of community visitors during the year, including the number of entries of visitable sites outside normal hours authorised by the public guardian; the number of notices under the Mental Health Act 2016 , section 231 , received by the public guardian during the year, about the admission of minors to authorised mental health services; the operations of community visitors (child) during the year relating to the minors mentioned in paragraph (b) , including— the number of entries of visitable sites relating to the minors made by the visitors; and the types of issues, affecting the rights and interests of the minors, raised by the visitors.\n(sec.126-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n- (a) prepare a report on the performance of the public guardian’s functions during the year, including— (i) a report on the performance of the adult guardian functions; and (ii) a report on the performance of the child advocate functions; and\n- (i) a report on the performance of the adult guardian functions; and\n- (ii) a report on the performance of the child advocate functions; and\n- (b) give a copy of the report to the Minister.\n- (i) a report on the performance of the adult guardian functions; and\n- (ii) a report on the performance of the child advocate functions; and\n- (a) the operations of community visitors during the year, including the number of entries of visitable sites outside normal hours authorised by the public guardian;\n- (b) the number of notices under the Mental Health Act 2016 , section 231 , received by the public guardian during the year, about the admission of minors to authorised mental health services;\n- (c) the operations of community visitors (child) during the year relating to the minors mentioned in paragraph (b) , including— (i) the number of entries of visitable sites relating to the minors made by the visitors; and (ii) the types of issues, affecting the rights and interests of the minors, raised by the visitors.\n- (i) the number of entries of visitable sites relating to the minors made by the visitors; and\n- (ii) the types of issues, affecting the rights and interests of the minors, raised by the visitors.\n- (i) the number of entries of visitable sites relating to the minors made by the visitors; and\n- (ii) the types of issues, affecting the rights and interests of the minors, raised by the visitors.","sortOrder":156},{"sectionNumber":"sec.127","sectionType":"section","heading":"Not a statutory body for particular Acts","content":"### sec.127 Not a statutory body for particular Acts\n\nTo remove any doubt, it is declared that the public guardian is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 .","sortOrder":157},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Tribunal provisions (child)","content":"# Tribunal provisions (child)","sortOrder":158},{"sectionNumber":"sec.128","sectionType":"section","heading":"Meaning of reviewable decision for pt 1","content":"### sec.128 Meaning of reviewable decision for pt 1\n\nIn this part—\nreviewable decision means any of the following decisions, whether made before or after the commencement of this section—\na decision, under the Child Protection Act , section 87 (2) , by the chief executive (child safety) not to take action under that subsection;\na decision by the chief executive (child safety) to take, or not to take, a step under the Child Protection Act , section 122 for the purpose of ensuring a child placed in care under section 82 of that Act is cared for in a way that meets the statement of standards under section 122 of that Act;\na reviewable child protection decision.\nFor paragraph (b) of the definition reviewable decision in subsection (1) , a failure by the chief executive (child safety) to decide to take a step for the purpose mentioned in that paragraph is taken to be a decision not to take the step.\nSubsection (4) applies if, in the course of the public guardian seeking to have a reviewable decision resolved to the public guardian’s satisfaction—\nthe chief executive (child safety) amends, or substitutes another reviewable decision for, the first reviewable decision and the amended reviewable decision or substituted reviewable decision does not resolve the matter to the public guardian’s satisfaction; or\nin relation to a failure to take action or to decide to take a step as mentioned in subsection (2) —the chief executive (child safety) actually makes a reviewable decision and the reviewable decision does not resolve the matter to the public guardian’s satisfaction.\nFor section 133 , the amended or substituted reviewable decision, or the reviewable decision actually made, becomes the reviewable decision.\n(sec.128-ssec.1) In this part— reviewable decision means any of the following decisions, whether made before or after the commencement of this section— a decision, under the Child Protection Act , section 87 (2) , by the chief executive (child safety) not to take action under that subsection; a decision by the chief executive (child safety) to take, or not to take, a step under the Child Protection Act , section 122 for the purpose of ensuring a child placed in care under section 82 of that Act is cared for in a way that meets the statement of standards under section 122 of that Act; a reviewable child protection decision.\n(sec.128-ssec.2) For paragraph (b) of the definition reviewable decision in subsection (1) , a failure by the chief executive (child safety) to decide to take a step for the purpose mentioned in that paragraph is taken to be a decision not to take the step.\n(sec.128-ssec.3) Subsection (4) applies if, in the course of the public guardian seeking to have a reviewable decision resolved to the public guardian’s satisfaction— the chief executive (child safety) amends, or substitutes another reviewable decision for, the first reviewable decision and the amended reviewable decision or substituted reviewable decision does not resolve the matter to the public guardian’s satisfaction; or in relation to a failure to take action or to decide to take a step as mentioned in subsection (2) —the chief executive (child safety) actually makes a reviewable decision and the reviewable decision does not resolve the matter to the public guardian’s satisfaction.\n(sec.128-ssec.4) For section 133 , the amended or substituted reviewable decision, or the reviewable decision actually made, becomes the reviewable decision.\n- (a) a decision, under the Child Protection Act , section 87 (2) , by the chief executive (child safety) not to take action under that subsection;\n- (b) a decision by the chief executive (child safety) to take, or not to take, a step under the Child Protection Act , section 122 for the purpose of ensuring a child placed in care under section 82 of that Act is cared for in a way that meets the statement of standards under section 122 of that Act;\n- (c) a reviewable child protection decision.\n- (a) the chief executive (child safety) amends, or substitutes another reviewable decision for, the first reviewable decision and the amended reviewable decision or substituted reviewable decision does not resolve the matter to the public guardian’s satisfaction; or\n- (b) in relation to a failure to take action or to decide to take a step as mentioned in subsection (2) —the chief executive (child safety) actually makes a reviewable decision and the reviewable decision does not resolve the matter to the public guardian’s satisfaction.","sortOrder":159},{"sectionNumber":"sec.129","sectionType":"section","heading":"References to public guardian","content":"### sec.129 References to public guardian\n\nA reference in this part to the public guardian includes a reference to someone authorised in writing by the public guardian for this part.\nA person authorised in writing by the public guardian for this part must, if asked, produce evidence of the authorisation.\n(sec.129-ssec.1) A reference in this part to the public guardian includes a reference to someone authorised in writing by the public guardian for this part.\n(sec.129-ssec.2) A person authorised in writing by the public guardian for this part must, if asked, produce evidence of the authorisation.","sortOrder":160},{"sectionNumber":"sec.130","sectionType":"section","heading":"Right to appear, etc.","content":"### sec.130 Right to appear, etc.\n\nThe public guardian—\nis entitled to support a relevant child at, and participate in, conferences or mediations ordered or facilitated by the tribunal and to present the child’s views and wishes at the conference or mediation; and\nhas a right to appear before the tribunal in relation to a child protection matter for a child—\nto present the child’s views and wishes to the tribunal; and\nto make submissions, call witnesses and test evidence, including by cross-examining witnesses.\nIf the public guardian intends to attend at a conference or mediation or appear before the tribunal, the public guardian must give written notice of the intention to the principal registrar of the tribunal registry within a reasonable time before the conference, mediation or appearance.\nHowever, a failure to give notice as required under subsection (2) does not prevent the public guardian attending at the conference or mediation or appearing before the tribunal.\n(sec.130-ssec.1) The public guardian— is entitled to support a relevant child at, and participate in, conferences or mediations ordered or facilitated by the tribunal and to present the child’s views and wishes at the conference or mediation; and has a right to appear before the tribunal in relation to a child protection matter for a child— to present the child’s views and wishes to the tribunal; and to make submissions, call witnesses and test evidence, including by cross-examining witnesses.\n(sec.130-ssec.2) If the public guardian intends to attend at a conference or mediation or appear before the tribunal, the public guardian must give written notice of the intention to the principal registrar of the tribunal registry within a reasonable time before the conference, mediation or appearance.\n(sec.130-ssec.3) However, a failure to give notice as required under subsection (2) does not prevent the public guardian attending at the conference or mediation or appearing before the tribunal.\n- (a) is entitled to support a relevant child at, and participate in, conferences or mediations ordered or facilitated by the tribunal and to present the child’s views and wishes at the conference or mediation; and\n- (b) has a right to appear before the tribunal in relation to a child protection matter for a child— (i) to present the child’s views and wishes to the tribunal; and (ii) to make submissions, call witnesses and test evidence, including by cross-examining witnesses.\n- (i) to present the child’s views and wishes to the tribunal; and\n- (ii) to make submissions, call witnesses and test evidence, including by cross-examining witnesses.\n- (i) to present the child’s views and wishes to the tribunal; and\n- (ii) to make submissions, call witnesses and test evidence, including by cross-examining witnesses.","sortOrder":161},{"sectionNumber":"sec.131","sectionType":"section","heading":"Tribunal to advise public guardian of hearing relating to child protection matters","content":"### sec.131 Tribunal to advise public guardian of hearing relating to child protection matters\n\nThis section applies only to child protection matters identified by the public guardian under an arrangement agreed with the principal registrar of the tribunal registry.\nAt least 7 days before the hearing of a child protection matter of a type agreed under subsection (1) , the principal registrar must give notice of the hearing to the public guardian.\nThe tribunal may, by direction under the QCAT Act , section 62 , reduce the time stated in subsection (2) .\n(sec.131-ssec.1) This section applies only to child protection matters identified by the public guardian under an arrangement agreed with the principal registrar of the tribunal registry.\n(sec.131-ssec.2) At least 7 days before the hearing of a child protection matter of a type agreed under subsection (1) , the principal registrar must give notice of the hearing to the public guardian.\n(sec.131-ssec.3) The tribunal may, by direction under the QCAT Act , section 62 , reduce the time stated in subsection (2) .","sortOrder":162},{"sectionNumber":"sec.132","sectionType":"section","heading":"Access","content":"### sec.132 Access\n\nThis section applies to a proceeding in relation to a child protection matter mentioned in section 131 at which the public guardian appears or intends to appear.\nIf—\na document has been filed in the tribunal registry for the proceeding; or\na document or other thing has been produced to the tribunal or a party to the proceeding under an order under the QCAT Act , section 63 or 97 ;\nsubject to subsection (3) , the public guardian must be given a reasonable opportunity to access the document or thing before, during or after a hearing.\nHowever, the public guardian may access a document filed in the registry or a document or thing produced to the tribunal under an order under section 63 only if a party to the proceeding may also access the document or thing.\nIf a party to whom a document or thing has been produced fails to give the public guardian access to the document or thing, the tribunal may, on the public guardian’s application, make an order requiring the party to give the public guardian access to the document or thing.\nWithout limiting section 130 (1) (b) , the public guardian may make submissions about a document or other information accessed under this section.\nThis section has effect despite the Child Protection Act , section 99ZF .\nHowever, the tribunal may displace the right to access a document or other information only by a confidentiality order.\nIn this section—\nconfidentiality order see the Child Protection Act , section 99ZD .\n(sec.132-ssec.1) This section applies to a proceeding in relation to a child protection matter mentioned in section 131 at which the public guardian appears or intends to appear.\n(sec.132-ssec.2) If— a document has been filed in the tribunal registry for the proceeding; or a document or other thing has been produced to the tribunal or a party to the proceeding under an order under the QCAT Act , section 63 or 97 ; subject to subsection (3) , the public guardian must be given a reasonable opportunity to access the document or thing before, during or after a hearing.\n(sec.132-ssec.3) However, the public guardian may access a document filed in the registry or a document or thing produced to the tribunal under an order under section 63 only if a party to the proceeding may also access the document or thing.\n(sec.132-ssec.4) If a party to whom a document or thing has been produced fails to give the public guardian access to the document or thing, the tribunal may, on the public guardian’s application, make an order requiring the party to give the public guardian access to the document or thing.\n(sec.132-ssec.5) Without limiting section 130 (1) (b) , the public guardian may make submissions about a document or other information accessed under this section.\n(sec.132-ssec.6) This section has effect despite the Child Protection Act , section 99ZF .\n(sec.132-ssec.7) However, the tribunal may displace the right to access a document or other information only by a confidentiality order.\n(sec.132-ssec.8) In this section— confidentiality order see the Child Protection Act , section 99ZD .\n- (a) a document has been filed in the tribunal registry for the proceeding; or\n- (b) a document or other thing has been produced to the tribunal or a party to the proceeding under an order under the QCAT Act , section 63 or 97 ;","sortOrder":163},{"sectionNumber":"sec.133","sectionType":"section","heading":"Public guardian may apply for review of reviewable decisions","content":"### sec.133 Public guardian may apply for review of reviewable decisions\n\nThis section applies if, in performing the public guardian’s child advocate functions in relation to a relevant child, the public guardian—\nis dissatisfied with a reviewable decision; and\nhas been unable to resolve the matter with the chief executive (child safety) to the public guardian’s satisfaction.\nThe public guardian may apply, on behalf of the child or on the public guardian’s own initiative, to the tribunal to have the reviewable decision reviewed.\nThe public guardian may apply to the tribunal only if the public guardian is satisfied that to do so would be in the child’s best interests.\nBefore the public guardian may apply to the tribunal to have the reviewable decision reviewed, the public guardian must give the chief executive (child safety) a written notice stating—\nthe public guardian is dissatisfied with the decision; and\nthe reasons the public guardian is dissatisfied with the decision; and\nthe matter has not been resolved to the public guardian’s satisfaction; and\nthe public guardian intends to apply to the tribunal for a review of the decision.\n(sec.133-ssec.1) This section applies if, in performing the public guardian’s child advocate functions in relation to a relevant child, the public guardian— is dissatisfied with a reviewable decision; and has been unable to resolve the matter with the chief executive (child safety) to the public guardian’s satisfaction.\n(sec.133-ssec.2) The public guardian may apply, on behalf of the child or on the public guardian’s own initiative, to the tribunal to have the reviewable decision reviewed.\n(sec.133-ssec.3) The public guardian may apply to the tribunal only if the public guardian is satisfied that to do so would be in the child’s best interests.\n(sec.133-ssec.4) Before the public guardian may apply to the tribunal to have the reviewable decision reviewed, the public guardian must give the chief executive (child safety) a written notice stating— the public guardian is dissatisfied with the decision; and the reasons the public guardian is dissatisfied with the decision; and the matter has not been resolved to the public guardian’s satisfaction; and the public guardian intends to apply to the tribunal for a review of the decision.\n- (a) is dissatisfied with a reviewable decision; and\n- (b) has been unable to resolve the matter with the chief executive (child safety) to the public guardian’s satisfaction.\n- (a) the public guardian is dissatisfied with the decision; and\n- (b) the reasons the public guardian is dissatisfied with the decision; and\n- (c) the matter has not been resolved to the public guardian’s satisfaction; and\n- (d) the public guardian intends to apply to the tribunal for a review of the decision.","sortOrder":164},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Evidence and legal proceedings","content":"# Evidence and legal proceedings","sortOrder":165},{"sectionNumber":"sec.134","sectionType":"section","heading":"Proof of status as relevant child","content":"### sec.134 Proof of status as relevant child\n\nThis section applies to a proceeding under or in relation to this Act and for any other purpose.\nA certificate signed by the public guardian that an identified child is or was a relevant child at a stated time or during a stated period is proof that the child is or was a relevant child at the stated time or during the stated period.\n(sec.134-ssec.1) This section applies to a proceeding under or in relation to this Act and for any other purpose.\n(sec.134-ssec.2) A certificate signed by the public guardian that an identified child is or was a relevant child at a stated time or during a stated period is proof that the child is or was a relevant child at the stated time or during the stated period.","sortOrder":166},{"sectionNumber":"sec.135","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.135 Evidentiary provisions\n\nThis section applies to a proceeding under or in relation to this Act.\nUnless a party, by reasonable notice, requires proof of—\nthe appointment of a community visitor or child advocacy officer under this Act; or\nthe authority of a community visitor or child advocacy officer to do something under this Act;\nthe appointment or authority must be presumed.\nA signature purporting to be the signature of the public guardian, a community visitor or child advocacy officer is evidence of the signature it purports to be.\nA certificate purporting to be signed by the public guardian stating either of the following matters is evidence of the matter—\na stated document is a copy of a notice given or issued under this Act;\non a stated day, a stated person was given a stated notice under this Act.\n(sec.135-ssec.1) This section applies to a proceeding under or in relation to this Act.\n(sec.135-ssec.2) Unless a party, by reasonable notice, requires proof of— the appointment of a community visitor or child advocacy officer under this Act; or the authority of a community visitor or child advocacy officer to do something under this Act; the appointment or authority must be presumed.\n(sec.135-ssec.3) A signature purporting to be the signature of the public guardian, a community visitor or child advocacy officer is evidence of the signature it purports to be.\n(sec.135-ssec.4) A certificate purporting to be signed by the public guardian stating either of the following matters is evidence of the matter— a stated document is a copy of a notice given or issued under this Act; on a stated day, a stated person was given a stated notice under this Act.\n- (a) the appointment of a community visitor or child advocacy officer under this Act; or\n- (b) the authority of a community visitor or child advocacy officer to do something under this Act;\n- (a) a stated document is a copy of a notice given or issued under this Act;\n- (b) on a stated day, a stated person was given a stated notice under this Act.","sortOrder":167},{"sectionNumber":"sec.136","sectionType":"section","heading":"Proceeding for offences","content":"### sec.136 Proceeding for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .","sortOrder":168},{"sectionNumber":"sec.137","sectionType":"section","heading":"When proceeding may start","content":"### sec.137 When proceeding may start\n\nA proceeding for an offence against this Act may be started within—\n1 year after the offence is committed; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) 1 year after the offence is committed; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":169},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"False or misleading statements or documents","content":"# False or misleading statements or documents","sortOrder":170},{"sectionNumber":"sec.138","sectionType":"section","heading":"False or misleading statements","content":"### sec.138 False or misleading statements\n\nA person must not state anything to the public guardian the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":171},{"sectionNumber":"sec.139","sectionType":"section","heading":"False or misleading documents","content":"### sec.139 False or misleading documents\n\nA person must not give the public guardian a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the public guardian, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.139-ssec.1) A person must not give the public guardian a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.139-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the public guardian, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the public guardian, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":172},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Confidentiality","content":"# Confidentiality","sortOrder":173},{"sectionNumber":"sec.140","sectionType":"section","heading":"Confidentiality of information","content":"### sec.140 Confidentiality of information\n\nThis section applies to confidential information.\nIf a person gains confidential information through involvement in the administration of this Act, the Guardianship Act or the Powers of Attorney Act , the person must not—\nmake a record of the information or intentionally disclose the information to anyone, other than under subsection (4) ; or\nrecklessly disclose the information to anyone.\nMaximum penalty—200 penalty units.\nA person gains confidential information through involvement in the administration of this Act, the Guardianship Act or the Powers of Attorney Act if the person gains the information because of being, or an opportunity given by being—\nthe Minister or a member of the Minister’s staff; or\nthe public guardian; or\na member of the public guardian’s staff, including a child advocacy officer; or\na community visitor; or\na person consulted or employed by the public guardian for this Act; or\na public guardian’s delegate for an investigation; or\nan external contractor; or\na person authorised in writing by the public guardian under section 129 .\nA person may make a record of confidential information or disclose it to someone else—\nfor this Act, the Guardianship Act or the Powers of Attorney Act ; or\nto discharge a function under another law; or\nfor a proceeding in a court or the tribunal; or\nif authorised by a court or the tribunal in the interests of justice; or\nif authorised by regulation or another law; or\nif the person is authorised in writing by the person to whom the information relates; or\nfor the purpose of obtaining counselling, advice or other treatment for the person to whom the information relates; or\nfor the purpose of reporting a suspected offence to a police officer or helping a police officer in the investigation of a suspected offence; or\nif the confidential information relates to an adult with impaired capacity for a matter—\nto prevent a serious risk to the adult’s life, health or safety; or\nfor the purpose of obtaining legal or financial advice; or\nto assist the public advocate in the performance of functions under the Guardianship Act ; or\nif the confidential information relates to a child—for a purpose related to protecting the child’s rights and interests, including the child’s wellbeing or protection.\n(sec.140-ssec.1) This section applies to confidential information.\n(sec.140-ssec.2) If a person gains confidential information through involvement in the administration of this Act, the Guardianship Act or the Powers of Attorney Act , the person must not— make a record of the information or intentionally disclose the information to anyone, other than under subsection (4) ; or recklessly disclose the information to anyone. Maximum penalty—200 penalty units.\n(sec.140-ssec.3) A person gains confidential information through involvement in the administration of this Act, the Guardianship Act or the Powers of Attorney Act if the person gains the information because of being, or an opportunity given by being— the Minister or a member of the Minister’s staff; or the public guardian; or a member of the public guardian’s staff, including a child advocacy officer; or a community visitor; or a person consulted or employed by the public guardian for this Act; or a public guardian’s delegate for an investigation; or an external contractor; or a person authorised in writing by the public guardian under section 129 .\n(sec.140-ssec.4) A person may make a record of confidential information or disclose it to someone else— for this Act, the Guardianship Act or the Powers of Attorney Act ; or to discharge a function under another law; or for a proceeding in a court or the tribunal; or if authorised by a court or the tribunal in the interests of justice; or if authorised by regulation or another law; or if the person is authorised in writing by the person to whom the information relates; or for the purpose of obtaining counselling, advice or other treatment for the person to whom the information relates; or for the purpose of reporting a suspected offence to a police officer or helping a police officer in the investigation of a suspected offence; or if the confidential information relates to an adult with impaired capacity for a matter— to prevent a serious risk to the adult’s life, health or safety; or for the purpose of obtaining legal or financial advice; or to assist the public advocate in the performance of functions under the Guardianship Act ; or if the confidential information relates to a child—for a purpose related to protecting the child’s rights and interests, including the child’s wellbeing or protection.\n- (a) make a record of the information or intentionally disclose the information to anyone, other than under subsection (4) ; or\n- (b) recklessly disclose the information to anyone.\n- (a) the Minister or a member of the Minister’s staff; or\n- (b) the public guardian; or\n- (c) a member of the public guardian’s staff, including a child advocacy officer; or\n- (d) a community visitor; or\n- (e) a person consulted or employed by the public guardian for this Act; or\n- (f) a public guardian’s delegate for an investigation; or\n- (g) an external contractor; or\n- (h) a person authorised in writing by the public guardian under section 129 .\n- (a) for this Act, the Guardianship Act or the Powers of Attorney Act ; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or the tribunal; or\n- (d) if authorised by a court or the tribunal in the interests of justice; or\n- (e) if authorised by regulation or another law; or\n- (f) if the person is authorised in writing by the person to whom the information relates; or\n- (g) for the purpose of obtaining counselling, advice or other treatment for the person to whom the information relates; or\n- (h) for the purpose of reporting a suspected offence to a police officer or helping a police officer in the investigation of a suspected offence; or\n- (i) if the confidential information relates to an adult with impaired capacity for a matter— (i) to prevent a serious risk to the adult’s life, health or safety; or (ii) for the purpose of obtaining legal or financial advice; or (iii) to assist the public advocate in the performance of functions under the Guardianship Act ; or\n- (i) to prevent a serious risk to the adult’s life, health or safety; or\n- (ii) for the purpose of obtaining legal or financial advice; or\n- (iii) to assist the public advocate in the performance of functions under the Guardianship Act ; or\n- (j) if the confidential information relates to a child—for a purpose related to protecting the child’s rights and interests, including the child’s wellbeing or protection.\n- (i) to prevent a serious risk to the adult’s life, health or safety; or\n- (ii) for the purpose of obtaining legal or financial advice; or\n- (iii) to assist the public advocate in the performance of functions under the Guardianship Act ; or","sortOrder":174},{"sectionNumber":"sec.141","sectionType":"section","heading":"Confidentiality of information given by persons involved in administration of Act to other persons","content":"### sec.141 Confidentiality of information given by persons involved in administration of Act to other persons\n\nThis section applies to a person (the receiver ) who is given confidential information under section 140 (4) .\nThe receiver must not use or disclose the information to anyone else.\nMaximum penalty—200 penalty units.\nHowever, the receiver may use or disclose the information to someone else—\nif the use or disclosure is authorised by the public guardian; or\nif the use or disclosure is otherwise required or permitted by law.\n(sec.141-ssec.1) This section applies to a person (the receiver ) who is given confidential information under section 140 (4) .\n(sec.141-ssec.2) The receiver must not use or disclose the information to anyone else. Maximum penalty—200 penalty units.\n(sec.141-ssec.3) However, the receiver may use or disclose the information to someone else— if the use or disclosure is authorised by the public guardian; or if the use or disclosure is otherwise required or permitted by law.\n- (a) if the use or disclosure is authorised by the public guardian; or\n- (b) if the use or disclosure is otherwise required or permitted by law.","sortOrder":175},{"sectionNumber":"sec.142","sectionType":"section","heading":"Disclosure of information about investigations","content":"### sec.142 Disclosure of information about investigations\n\nSection 140 does not prevent the public guardian from disclosing information to the public or a section of the public about an issue the subject of an investigation by the public guardian if the public guardian is satisfied the disclosure is necessary and reasonable in the public interest.\nIn deciding whether the disclosure is necessary and reasonable in the public interest, the public guardian must have regard to the following—\nany likely prejudice to the investigation;\nany need to protect the identity of a complainant or another entity;\nany circumstances of urgency.\nAlso, if the disclosure would include information adverse to an entity and procedural fairness would ordinarily require the public guardian to give the entity notice of the information and an opportunity to comment on it, the public guardian—\nmust have regard to this fact in deciding whether the disclosure is necessary and reasonable in the public interest; but\nmay decide the disclosure is necessary and reasonable in the public interest despite the entity not being given notice of the information and an opportunity to comment on it.\n(sec.142-ssec.1) Section 140 does not prevent the public guardian from disclosing information to the public or a section of the public about an issue the subject of an investigation by the public guardian if the public guardian is satisfied the disclosure is necessary and reasonable in the public interest.\n(sec.142-ssec.2) In deciding whether the disclosure is necessary and reasonable in the public interest, the public guardian must have regard to the following— any likely prejudice to the investigation; any need to protect the identity of a complainant or another entity; any circumstances of urgency.\n(sec.142-ssec.3) Also, if the disclosure would include information adverse to an entity and procedural fairness would ordinarily require the public guardian to give the entity notice of the information and an opportunity to comment on it, the public guardian— must have regard to this fact in deciding whether the disclosure is necessary and reasonable in the public interest; but may decide the disclosure is necessary and reasonable in the public interest despite the entity not being given notice of the information and an opportunity to comment on it.\n- (a) any likely prejudice to the investigation;\n- (b) any need to protect the identity of a complainant or another entity;\n- (c) any circumstances of urgency.\n- (a) must have regard to this fact in deciding whether the disclosure is necessary and reasonable in the public interest; but\n- (b) may decide the disclosure is necessary and reasonable in the public interest despite the entity not being given notice of the information and an opportunity to comment on it.","sortOrder":176},{"sectionNumber":"sec.143","sectionType":"section","heading":"Disclosure by public guardian of information for research purposes","content":"### sec.143 Disclosure by public guardian of information for research purposes\n\nThe public guardian may disclose the information to a person undertaking research if—\nthe public guardian is satisfied the research is genuine; and\nthe person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.\nThe person must not contravene the undertaking.\nMaximum penalty—200 penalty units.\nIf the person contravenes the undertaking and by contravening it also contravenes the Child Protection Act , section 189 , the person may be prosecuted under this section or the Child Protection Act , section 189 at the election of the prosecution.\n(sec.143-ssec.1) The public guardian may disclose the information to a person undertaking research if— the public guardian is satisfied the research is genuine; and the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.\n(sec.143-ssec.2) The person must not contravene the undertaking. Maximum penalty—200 penalty units.\n(sec.143-ssec.3) If the person contravenes the undertaking and by contravening it also contravenes the Child Protection Act , section 189 , the person may be prosecuted under this section or the Child Protection Act , section 189 at the election of the prosecution.\n- (a) the public guardian is satisfied the research is genuine; and\n- (b) the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.","sortOrder":177},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":178},{"sectionNumber":"sec.144","sectionType":"section","heading":"Complaints agency or other government service provider to inform public guardian about actions taken for complaint","content":"### sec.144 Complaints agency or other government service provider to inform public guardian about actions taken for complaint\n\nThe public guardian may—\nmake a complaint about services provided by a service provider to a relevant child to a complaints agency or other government service provider; or\non behalf of a relevant child, refer a complaint about the services to a complaints agency or other government service provider.\nIf the public guardian makes a complaint or refers a complaint under subsection (1) , the public guardian, by written notice to the complaints agency or government service provider, may ask for information about—\nthe outcome of the complaint, including any action taken to address the complaint; or\na decision not to investigate or to continue to investigate the complaint and the reasons for the decision.\nThe complaints agency or government service provider must comply with a request for information from the public guardian under subsection (2) .\nSubsection (3) applies despite any express provision in an Act establishing a complaints agency that makes it an offence for anyone involved with administration of the Act to disclose the information.\nIn this section—\ncomplaints agency means any of the following—\nthe human rights commissioner under the Anti-Discrimination Act 1991 ;\nthe Crime and Corruption Commission under the Crime and Corruption Act 2001 ;\nthe Health Ombudsman under the Health Ombudsman Act 2013 ;\nthe ombudsman under the Ombudsman Act 2001 .\nservice provider includes an entity providing a service under an arrangement that involves a written agreement to which the service provider is a party.\nservices provided to children under foster care arrangements\ns 144 amd 2019 No. 5 s 164 ; 2019 No. 9 s 98 sch 1\n(sec.144-ssec.1) The public guardian may— make a complaint about services provided by a service provider to a relevant child to a complaints agency or other government service provider; or on behalf of a relevant child, refer a complaint about the services to a complaints agency or other government service provider.\n(sec.144-ssec.2) If the public guardian makes a complaint or refers a complaint under subsection (1) , the public guardian, by written notice to the complaints agency or government service provider, may ask for information about— the outcome of the complaint, including any action taken to address the complaint; or a decision not to investigate or to continue to investigate the complaint and the reasons for the decision.\n(sec.144-ssec.3) The complaints agency or government service provider must comply with a request for information from the public guardian under subsection (2) .\n(sec.144-ssec.4) Subsection (3) applies despite any express provision in an Act establishing a complaints agency that makes it an offence for anyone involved with administration of the Act to disclose the information.\n(sec.144-ssec.5) In this section— complaints agency means any of the following— the human rights commissioner under the Anti-Discrimination Act 1991 ; the Crime and Corruption Commission under the Crime and Corruption Act 2001 ; the Health Ombudsman under the Health Ombudsman Act 2013 ; the ombudsman under the Ombudsman Act 2001 . service provider includes an entity providing a service under an arrangement that involves a written agreement to which the service provider is a party. services provided to children under foster care arrangements\n- (a) make a complaint about services provided by a service provider to a relevant child to a complaints agency or other government service provider; or\n- (b) on behalf of a relevant child, refer a complaint about the services to a complaints agency or other government service provider.\n- (a) the outcome of the complaint, including any action taken to address the complaint; or\n- (b) a decision not to investigate or to continue to investigate the complaint and the reasons for the decision.\n- (a) the human rights commissioner under the Anti-Discrimination Act 1991 ;\n- (b) the Crime and Corruption Commission under the Crime and Corruption Act 2001 ;\n- (c) the Health Ombudsman under the Health Ombudsman Act 2013 ;\n- (d) the ombudsman under the Ombudsman Act 2001 .","sortOrder":179},{"sectionNumber":"sec.145","sectionType":"section","heading":"Protection from liability","content":"### sec.145 Protection from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act, the Guardianship Act or the Powers of Attorney Act .\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nHowever, no-one, including the State, is liable for an honest report by a community visitor under section 47 or 70 .\nIn this section—\nofficial means—\nthe Minister; or\na community visitor; or\na person consulted or employed by the public guardian; or\na person acting under the direction of the public guardian or a member of the public guardian’s staff.\n(sec.145-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act, the Guardianship Act or the Powers of Attorney Act .\n(sec.145-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.145-ssec.3) However, no-one, including the State, is liable for an honest report by a community visitor under section 47 or 70 .\n(sec.145-ssec.4) In this section— official means— the Minister; or a community visitor; or a person consulted or employed by the public guardian; or a person acting under the direction of the public guardian or a member of the public guardian’s staff.\n- (a) the Minister; or\n- (b) a community visitor; or\n- (c) a person consulted or employed by the public guardian; or\n- (d) a person acting under the direction of the public guardian or a member of the public guardian’s staff.","sortOrder":180},{"sectionNumber":"sec.146","sectionType":"section","heading":"Delegation","content":"### sec.146 Delegation\n\nThe public guardian may delegate the public guardian’s functions and powers under this Act or another Act (other than the powers under section 25 (1) , 29 and 106 ) to—\nan appropriately qualified member of the public guardian’s staff; or\nanother individual, including a community visitor, who the public guardian considers is an appropriately qualified person to perform the functions or exercise the powers delegated to the person.\nThe public guardian may delegate the public guardian’s powers under section 29 or 106 to a senior executive or a senior officer.\nThe public guardian may delegate the public guardian’s powers under section 25 (1) to a senior executive.\nA person exercising the public guardian’s mediation or conciliation power under a delegation must, if asked, produce evidence of the delegation.\nAlso, if the public guardian has power for a personal matter for an adult, the public guardian may delegate the power to make day-to-day decisions about the matter to 1 of the following—\nan appropriately qualified person who is caring for the adult;\na health provider of the adult;\nThis is despite an adult’s health provider not being eligible to be appointed as the adult’s guardian or administrator (see the Guardianship Act , section 14 (1) (Appointment of 1 or more eligible guardians and administrators)) or as the adult’s attorney (see the Powers of Attorney Act , section 29 (Meaning of eligible attorney )).\nan attorney under an enduring document;\n1 of the persons who could be eligible to be the adult’s statutory health attorney.\nIn this section—\nday-to-day decision means a minor, uncontroversial decision about day-to-day issues that involves no more than a low risk to the adult.\na decision about podiatry, physiotherapy, non-surgical treatment of pressure sores and health care for colds and influenza\nsenior officer see the Public Sector Act 2022 , schedule 2 .\ns 146 amd 2019 No. 9 s 94 ; 2022 No. 34 s 365 sch 3\n(sec.146-ssec.1) The public guardian may delegate the public guardian’s functions and powers under this Act or another Act (other than the powers under section 25 (1) , 29 and 106 ) to— an appropriately qualified member of the public guardian’s staff; or another individual, including a community visitor, who the public guardian considers is an appropriately qualified person to perform the functions or exercise the powers delegated to the person.\n(sec.146-ssec.2) The public guardian may delegate the public guardian’s powers under section 29 or 106 to a senior executive or a senior officer.\n(sec.146-ssec.3) The public guardian may delegate the public guardian’s powers under section 25 (1) to a senior executive.\n(sec.146-ssec.4) A person exercising the public guardian’s mediation or conciliation power under a delegation must, if asked, produce evidence of the delegation.\n(sec.146-ssec.5) Also, if the public guardian has power for a personal matter for an adult, the public guardian may delegate the power to make day-to-day decisions about the matter to 1 of the following— an appropriately qualified person who is caring for the adult; a health provider of the adult; This is despite an adult’s health provider not being eligible to be appointed as the adult’s guardian or administrator (see the Guardianship Act , section 14 (1) (Appointment of 1 or more eligible guardians and administrators)) or as the adult’s attorney (see the Powers of Attorney Act , section 29 (Meaning of eligible attorney )). an attorney under an enduring document; 1 of the persons who could be eligible to be the adult’s statutory health attorney.\n(sec.146-ssec.6) In this section— day-to-day decision means a minor, uncontroversial decision about day-to-day issues that involves no more than a low risk to the adult. a decision about podiatry, physiotherapy, non-surgical treatment of pressure sores and health care for colds and influenza senior officer see the Public Sector Act 2022 , schedule 2 .\n- (a) an appropriately qualified member of the public guardian’s staff; or\n- (b) another individual, including a community visitor, who the public guardian considers is an appropriately qualified person to perform the functions or exercise the powers delegated to the person.\n- (a) an appropriately qualified person who is caring for the adult;\n- (b) a health provider of the adult; Note— This is despite an adult’s health provider not being eligible to be appointed as the adult’s guardian or administrator (see the Guardianship Act , section 14 (1) (Appointment of 1 or more eligible guardians and administrators)) or as the adult’s attorney (see the Powers of Attorney Act , section 29 (Meaning of eligible attorney )).\n- (c) an attorney under an enduring document;\n- (d) 1 of the persons who could be eligible to be the adult’s statutory health attorney.","sortOrder":181},{"sectionNumber":"sec.147","sectionType":"section","heading":"Approved forms","content":"### sec.147 Approved forms\n\nThe public guardian may approve forms for use under this Act.","sortOrder":182},{"sectionNumber":"sec.148","sectionType":"section","heading":"Regulation-making power","content":"### sec.148 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":183},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Transitional provisions for repealed sections of the Commission for Children and Young People and Child Guardian Act 2000","content":"# Transitional provisions for repealed sections of the Commission for Children and Young People and Child Guardian Act 2000","sortOrder":184},{"sectionNumber":"sec.149","sectionType":"section","heading":"Definitions","content":"### sec.149 Definitions\n\nIn this part—\ncommencement means 1 July 2014.\ncommissioner has the meaning given by the former Act.\ncommunity visitor has the meaning given by the former Act.\nformer Act means the Commission for Children and Young People and Child Guardian Act 2000 as in force immediately before the commencement.\nidentity card means an identity card issued under section 110 of the former Act.\nreviewable decision has the meaning given by the former Act, section 369.\nstaff member has the meaning given by the former Act.\nvisitable home has the meaning given by the former Act.\nvisitable site has the meaning given by the former Act.","sortOrder":185},{"sectionNumber":"sec.150","sectionType":"section","heading":"References to repealed sections","content":"### sec.150 References to repealed sections\n\nIn this part, a reference to a repealed section by number is a reference to the repealed section of that number of the former Act.","sortOrder":186},{"sectionNumber":"sec.151","sectionType":"section","heading":"Repealed s 90 (Requirement to visit visitable site or communicate if asked)","content":"### sec.151 Repealed s 90 (Requirement to visit visitable site or communicate if asked)\n\nSubsection (2) applies if, before the commencement—\neither of the following applies—\na child residing at a visitable site asked a staff member of the site under repealed section 90(1)(b) to arrange for a community visitor to visit the site to perform the functions of a community visitor under the former Act;\na child residing at a visitable site informed a staff member of the site under repealed section 90(1)(c) that the child wished to communicate with a stated community visitor; and\nthe staff member had not informed the commissioner of the request before the commencement.\nThe staff member must inform the public guardian of the request as soon as practicable.\nMaximum penalty—10 penalty units.\nSubsection (4) applies if—\na child residing at a visitable site asked the commissioner under repealed section 90(1)(a) to arrange for a community visitor to visit the site to perform the functions of a community visitor under the former Act and the visit had not taken place at the commencement; or\na staff member at a visitable site advises the public guardian of a request under subsection (2).\nThe public guardian must arrange for a community visitor (child) to visit the child at the visitable site as soon as practicable to perform the visitor’s functions under section 56.\n(sec.151-ssec.1) Subsection (2) applies if, before the commencement— either of the following applies— a child residing at a visitable site asked a staff member of the site under repealed section 90(1)(b) to arrange for a community visitor to visit the site to perform the functions of a community visitor under the former Act; a child residing at a visitable site informed a staff member of the site under repealed section 90(1)(c) that the child wished to communicate with a stated community visitor; and the staff member had not informed the commissioner of the request before the commencement.\n(sec.151-ssec.2) The staff member must inform the public guardian of the request as soon as practicable. Maximum penalty—10 penalty units.\n(sec.151-ssec.3) Subsection (4) applies if— a child residing at a visitable site asked the commissioner under repealed section 90(1)(a) to arrange for a community visitor to visit the site to perform the functions of a community visitor under the former Act and the visit had not taken place at the commencement; or a staff member at a visitable site advises the public guardian of a request under subsection (2).\n(sec.151-ssec.4) The public guardian must arrange for a community visitor (child) to visit the child at the visitable site as soon as practicable to perform the visitor’s functions under section 56.\n- (a) either of the following applies— (i) a child residing at a visitable site asked a staff member of the site under repealed section 90(1)(b) to arrange for a community visitor to visit the site to perform the functions of a community visitor under the former Act; (ii) a child residing at a visitable site informed a staff member of the site under repealed section 90(1)(c) that the child wished to communicate with a stated community visitor; and\n- (i) a child residing at a visitable site asked a staff member of the site under repealed section 90(1)(b) to arrange for a community visitor to visit the site to perform the functions of a community visitor under the former Act;\n- (ii) a child residing at a visitable site informed a staff member of the site under repealed section 90(1)(c) that the child wished to communicate with a stated community visitor; and\n- (b) the staff member had not informed the commissioner of the request before the commencement.\n- (i) a child residing at a visitable site asked a staff member of the site under repealed section 90(1)(b) to arrange for a community visitor to visit the site to perform the functions of a community visitor under the former Act;\n- (ii) a child residing at a visitable site informed a staff member of the site under repealed section 90(1)(c) that the child wished to communicate with a stated community visitor; and\n- (a) a child residing at a visitable site asked the commissioner under repealed section 90(1)(a) to arrange for a community visitor to visit the site to perform the functions of a community visitor under the former Act and the visit had not taken place at the commencement; or\n- (b) a staff member at a visitable site advises the public guardian of a request under subsection (2).","sortOrder":187},{"sectionNumber":"sec.152","sectionType":"section","heading":"Repealed s 91 (Requirement to visit visitable home or communicate if asked)","content":"### sec.152 Repealed s 91 (Requirement to visit visitable home or communicate if asked)\n\nSubsection (2) applies if, before the commencement—\neither of the following applies—\na child residing in a visitable home asked a carer of the child under repealed section 91(1)(b) to arrange for a community visitor to visit the home to perform the functions of a community visitor under the former Act;\na child residing in a visitable home informed a carer of the child under repealed section 91(1)(c) that the child wished to communicate with a stated community visitor; and\nthe carer had not informed the commissioner of the request before the commencement.\nThe carer must inform the public guardian of the request as soon as practicable.\nThe carer does not commit an offence only by failing to comply with subsection (2).\nSubsection (5) applies if—\na child residing in a visitable home asked the commissioner under repealed section 91(1)(a) to arrange for a community visitor to visit the home to perform the functions of a community visitor under the former Act and the visit had not taken place at the commencement; or\na carer of a child residing in a visitable home advises the public guardian of a request under subsection (2).\nThe public guardian must arrange for a community visitor (child) to visit the child at the visitable home as soon as practicable to perform the visitor’s functions under section 56.\n(sec.152-ssec.1) Subsection (2) applies if, before the commencement— either of the following applies— a child residing in a visitable home asked a carer of the child under repealed section 91(1)(b) to arrange for a community visitor to visit the home to perform the functions of a community visitor under the former Act; a child residing in a visitable home informed a carer of the child under repealed section 91(1)(c) that the child wished to communicate with a stated community visitor; and the carer had not informed the commissioner of the request before the commencement.\n(sec.152-ssec.2) The carer must inform the public guardian of the request as soon as practicable.\n(sec.152-ssec.3) The carer does not commit an offence only by failing to comply with subsection (2).\n(sec.152-ssec.4) Subsection (5) applies if— a child residing in a visitable home asked the commissioner under repealed section 91(1)(a) to arrange for a community visitor to visit the home to perform the functions of a community visitor under the former Act and the visit had not taken place at the commencement; or a carer of a child residing in a visitable home advises the public guardian of a request under subsection (2).\n(sec.152-ssec.5) The public guardian must arrange for a community visitor (child) to visit the child at the visitable home as soon as practicable to perform the visitor’s functions under section 56.\n- (a) either of the following applies— (i) a child residing in a visitable home asked a carer of the child under repealed section 91(1)(b) to arrange for a community visitor to visit the home to perform the functions of a community visitor under the former Act; (ii) a child residing in a visitable home informed a carer of the child under repealed section 91(1)(c) that the child wished to communicate with a stated community visitor; and\n- (i) a child residing in a visitable home asked a carer of the child under repealed section 91(1)(b) to arrange for a community visitor to visit the home to perform the functions of a community visitor under the former Act;\n- (ii) a child residing in a visitable home informed a carer of the child under repealed section 91(1)(c) that the child wished to communicate with a stated community visitor; and\n- (b) the carer had not informed the commissioner of the request before the commencement.\n- (i) a child residing in a visitable home asked a carer of the child under repealed section 91(1)(b) to arrange for a community visitor to visit the home to perform the functions of a community visitor under the former Act;\n- (ii) a child residing in a visitable home informed a carer of the child under repealed section 91(1)(c) that the child wished to communicate with a stated community visitor; and\n- (a) a child residing in a visitable home asked the commissioner under repealed section 91(1)(a) to arrange for a community visitor to visit the home to perform the functions of a community visitor under the former Act and the visit had not taken place at the commencement; or\n- (b) a carer of a child residing in a visitable home advises the public guardian of a request under subsection (2).","sortOrder":188},{"sectionNumber":"sec.153","sectionType":"section","heading":"Repealed s 92 (Report after each visit)","content":"### sec.153 Repealed s 92 (Report after each visit)\n\nThis section applies if—\nunder repealed section 92, a community visitor was required to prepare, and give to the commissioner, a report about a visit under repealed section 90 or 91; and\nthe community visitor had not prepared and given the report the commissioner before the commencement; and\non the commencement, the community visitor is appointed a community visitor (child).\nThe community visitor must prepare and give the report to the public guardian as soon as practicable after the commencement.\nA report given to the public guardian under this section is taken to be a report given under section 70.\n(sec.153-ssec.1) This section applies if— under repealed section 92, a community visitor was required to prepare, and give to the commissioner, a report about a visit under repealed section 90 or 91; and the community visitor had not prepared and given the report the commissioner before the commencement; and on the commencement, the community visitor is appointed a community visitor (child).\n(sec.153-ssec.2) The community visitor must prepare and give the report to the public guardian as soon as practicable after the commencement.\n(sec.153-ssec.3) A report given to the public guardian under this section is taken to be a report given under section 70.\n- (a) under repealed section 92, a community visitor was required to prepare, and give to the commissioner, a report about a visit under repealed section 90 or 91; and\n- (b) the community visitor had not prepared and given the report the commissioner before the commencement; and\n- (c) on the commencement, the community visitor is appointed a community visitor (child).","sortOrder":189},{"sectionNumber":"sec.154","sectionType":"section","heading":"Repealed s 93 (Functions)","content":"### sec.154 Repealed s 93 (Functions)\n\nThis section applies if—\nin the performance of the function of giving advice or reports as mentioned in repealed section 93(2), a community visitor had prepared, or was in the process of preparing, an advice or report for the commissioner; and\nthe community visitor had not given the advice or report to the commissioner before the commencement; and\non the commencement, the community visitor is appointed a community visitor (child).\nThe community visitor may give, or prepare and give, the advice or report to the public guardian.\nA report given to the public guardian under this section is taken to be a report given under section 70.\n(sec.154-ssec.1) This section applies if— in the performance of the function of giving advice or reports as mentioned in repealed section 93(2), a community visitor had prepared, or was in the process of preparing, an advice or report for the commissioner; and the community visitor had not given the advice or report to the commissioner before the commencement; and on the commencement, the community visitor is appointed a community visitor (child).\n(sec.154-ssec.2) The community visitor may give, or prepare and give, the advice or report to the public guardian.\n(sec.154-ssec.3) A report given to the public guardian under this section is taken to be a report given under section 70.\n- (a) in the performance of the function of giving advice or reports as mentioned in repealed section 93(2), a community visitor had prepared, or was in the process of preparing, an advice or report for the commissioner; and\n- (b) the community visitor had not given the advice or report to the commissioner before the commencement; and\n- (c) on the commencement, the community visitor is appointed a community visitor (child).","sortOrder":190},{"sectionNumber":"sec.155","sectionType":"section","heading":"Repealed s 97 (Issue of warrant)","content":"### sec.155 Repealed s 97 (Issue of warrant)\n\nA warrant issued by a magistrate on the application of a community visitor under repealed section 97 in relation to a visitable home and in force on the commencement continues to have effect according to its terms except that it may be executed by the stated community visitor as if it had been issued under section 64 to the stated community visitor as a community visitor (child).","sortOrder":191},{"sectionNumber":"sec.156","sectionType":"section","heading":"Repealed s 107 (Appointment)","content":"### sec.156 Repealed s 107 (Appointment)\n\nThis section applies to a person who, immediately before the commencement, held appointment as a community visitor under repealed section 107.\nThe person is taken to be appointed as a community visitor (child) until whichever of the following first happens—\nthe day the person is appointed as a community visitor (child) under section 109;\nthe end of 30 September 2014.\nThe terms of the person’s appointment as a community visitor under the former Act are taken to be the terms of the person’s appointment as a community visitor (child) under this Act, with necessary changes, until changed by the public guardian under this Act.\nIf the person is appointed as a community visitor (child) under section 109 before the end of 30 September 2014, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the ending of the person’s appointment as a community visitor under subsection (2)(a).\nIf the person is not appointed as a community visitor (child) under section 109 before the end of 30 September 2014, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the ending of the person’s appointment as a community visitor under subsection (2)(b), other than as expressly provided for under the person’s terms of appointment or the Industrial Relations Act 1999 .\nFor the purpose of working out the person’s entitlements under the Industrial Relations Act 1999 , employment by the commissioner and employment by the public guardian are taken to be employment by the same employer.\nA notice under the Industrial Relations Act 1999 given by a person holding appointment as a community visitor under repealed section 107 immediately before the commencement to the commissioner as the person’s employer is taken to have been given to the public guardian.\nIf, under the person’s instrument of appointment as a community visitor, a decision about an entitlement was required to be made by the commissioner or assistant commissioner, the decision must now be made by the public guardian.\n(sec.156-ssec.1) This section applies to a person who, immediately before the commencement, held appointment as a community visitor under repealed section 107.\n(sec.156-ssec.2) The person is taken to be appointed as a community visitor (child) until whichever of the following first happens— the day the person is appointed as a community visitor (child) under section 109; the end of 30 September 2014.\n(sec.156-ssec.3) The terms of the person’s appointment as a community visitor under the former Act are taken to be the terms of the person’s appointment as a community visitor (child) under this Act, with necessary changes, until changed by the public guardian under this Act.\n(sec.156-ssec.4) If the person is appointed as a community visitor (child) under section 109 before the end of 30 September 2014, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the ending of the person’s appointment as a community visitor under subsection (2)(a).\n(sec.156-ssec.5) If the person is not appointed as a community visitor (child) under section 109 before the end of 30 September 2014, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the ending of the person’s appointment as a community visitor under subsection (2)(b), other than as expressly provided for under the person’s terms of appointment or the Industrial Relations Act 1999 .\n(sec.156-ssec.6) For the purpose of working out the person’s entitlements under the Industrial Relations Act 1999 , employment by the commissioner and employment by the public guardian are taken to be employment by the same employer.\n(sec.156-ssec.7) A notice under the Industrial Relations Act 1999 given by a person holding appointment as a community visitor under repealed section 107 immediately before the commencement to the commissioner as the person’s employer is taken to have been given to the public guardian.\n(sec.156-ssec.8) If, under the person’s instrument of appointment as a community visitor, a decision about an entitlement was required to be made by the commissioner or assistant commissioner, the decision must now be made by the public guardian.\n- (a) the day the person is appointed as a community visitor (child) under section 109;\n- (b) the end of 30 September 2014.","sortOrder":192},{"sectionNumber":"sec.157","sectionType":"section","heading":"Repealed s 111 (Failure to return identity card)","content":"### sec.157 Repealed s 111 (Failure to return identity card)\n\nThis section applies to a person who ceased to be a community visitor before the commencement and has not returned the person’s identity card to the commissioner before the commencement.\nThe person must return the person’s identity card to the public guardian as soon as possible after the commencement (but within 21 days), unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\n(sec.157-ssec.1) This section applies to a person who ceased to be a community visitor before the commencement and has not returned the person’s identity card to the commissioner before the commencement.\n(sec.157-ssec.2) The person must return the person’s identity card to the public guardian as soon as possible after the commencement (but within 21 days), unless the person has a reasonable excuse. Maximum penalty—10 penalty units.","sortOrder":193},{"sectionNumber":"sec.158","sectionType":"section","heading":"Repealed s 370 (Commissioner may apply for review of reviewable decisions)","content":"### sec.158 Repealed s 370 (Commissioner may apply for review of reviewable decisions)\n\nThis section applies if, before the commencement—\nthe commissioner applied to QCAT to have a reviewable decision reviewed under repealed section 370; and\nthe reviewable decision had not been reviewed.\nFor the purpose of reviewing the reviewable decision—\na reference to the commissioner in a document relevant to the review is taken to be a reference to the public guardian; and\nthe review may proceed as if the application had been made under section 133.\n(sec.158-ssec.1) This section applies if, before the commencement— the commissioner applied to QCAT to have a reviewable decision reviewed under repealed section 370; and the reviewable decision had not been reviewed.\n(sec.158-ssec.2) For the purpose of reviewing the reviewable decision— a reference to the commissioner in a document relevant to the review is taken to be a reference to the public guardian; and the review may proceed as if the application had been made under section 133.\n- (a) the commissioner applied to QCAT to have a reviewable decision reviewed under repealed section 370; and\n- (b) the reviewable decision had not been reviewed.\n- (a) a reference to the commissioner in a document relevant to the review is taken to be a reference to the public guardian; and\n- (b) the review may proceed as if the application had been made under section 133.","sortOrder":194},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 exp 1 January 2015 (see s 159(4))","sortOrder":195},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Transitional provisions for the Guardianship and Administration Act 2000","content":"# Transitional provisions for the Guardianship and Administration Act 2000","sortOrder":196},{"sectionNumber":"sec.160","sectionType":"section","heading":"Definition","content":"### sec.160 Definition\n\nIn this part—\ncommencement means 1 July 2014.","sortOrder":197},{"sectionNumber":"sec.161","sectionType":"section","heading":"References to adult guardian","content":"### sec.161 References to adult guardian\n\nIn an Act or document, a reference to the adult guardian is, if the context permits, taken to be a reference to the public guardian.","sortOrder":198},{"sectionNumber":"sec.162","sectionType":"section","heading":"References to repealed sections","content":"### sec.162 References to repealed sections\n\nIn this part, a reference to a repealed section by number is a reference to the repealed section of that number of the Guardianship Act.","sortOrder":199},{"sectionNumber":"sec.163","sectionType":"section","heading":"Public guardian is successor in law of adult guardian","content":"### sec.163 Public guardian is successor in law of adult guardian\n\nThe public guardian is the successor in law of the adult guardian.","sortOrder":200},{"sectionNumber":"sec.164","sectionType":"section","heading":"Repealed s 173 (Adult guardian)","content":"### sec.164 Repealed s 173 (Adult guardian)\n\nThe person who, immediately before the commencement, held the office of adult guardian goes out of office.\nHowever, the person holding the office of adult guardian before the commencement is to be offered appointment to the office of public guardian effective on the commencement.\nSubsection (2) applies despite section 96.\nThe Minister must give the person a written notice stating the conditions decided by the Governor in Council for appointment to the office.\nIf the person consents to hold office as the public guardian—\nthe person holds the office subject to this Act and the conditions decided by the Governor in Council until 12 August 2015; and\nno amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian’s office.\nIf the person does not consent to hold office as public guardian, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian’s office, other than as expressly provided for under the person’s contract of employment.\nIt is declared that subsection (6) does not limit or otherwise affect the person’s right to a benefit or entitlement that, under the person’s contract, had accrued or was accruing immediately before the commencement.\nAlso, if the person does not consent to hold the office, on the commencement, a benefit or entitlement mentioned in subsection (7) ceases to accrue and becomes payable as if—\nthe person’s contract had, according to its terms, been terminated on that day; and\nthe termination is other than by the person.\nNothing in this section displaces the operation of the Acts Interpretation Act 1954 , section 17.\n(sec.164-ssec.1) The person who, immediately before the commencement, held the office of adult guardian goes out of office.\n(sec.164-ssec.2) However, the person holding the office of adult guardian before the commencement is to be offered appointment to the office of public guardian effective on the commencement.\n(sec.164-ssec.3) Subsection (2) applies despite section 96.\n(sec.164-ssec.4) The Minister must give the person a written notice stating the conditions decided by the Governor in Council for appointment to the office.\n(sec.164-ssec.5) If the person consents to hold office as the public guardian— the person holds the office subject to this Act and the conditions decided by the Governor in Council until 12 August 2015; and no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian’s office.\n(sec.164-ssec.6) If the person does not consent to hold office as public guardian, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian’s office, other than as expressly provided for under the person’s contract of employment.\n(sec.164-ssec.7) It is declared that subsection (6) does not limit or otherwise affect the person’s right to a benefit or entitlement that, under the person’s contract, had accrued or was accruing immediately before the commencement.\n(sec.164-ssec.8) Also, if the person does not consent to hold the office, on the commencement, a benefit or entitlement mentioned in subsection (7) ceases to accrue and becomes payable as if— the person’s contract had, according to its terms, been terminated on that day; and the termination is other than by the person.\n(sec.164-ssec.9) Nothing in this section displaces the operation of the Acts Interpretation Act 1954 , section 17.\n- (a) the person holds the office subject to this Act and the conditions decided by the Governor in Council until 12 August 2015; and\n- (b) no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian’s office.\n- (a) the person’s contract had, according to its terms, been terminated on that day; and\n- (b) the termination is other than by the person.","sortOrder":201},{"sectionNumber":"sec.165","sectionType":"section","heading":"Repealed s 177 (Delegation)","content":"### sec.165 Repealed s 177 (Delegation)\n\nA delegation made by the adult guardian under repealed section 177(1), (2) or (4) and in force immediately before the commencement continues in force, with necessary changes, as if the delegation had been made by the public guardian under section 146.\nA delegation mentioned in subsection (1) ends 12 months after the commencement unless earlier revoked by the public guardian.\n(sec.165-ssec.1) A delegation made by the adult guardian under repealed section 177(1), (2) or (4) and in force immediately before the commencement continues in force, with necessary changes, as if the delegation had been made by the public guardian under section 146.\n(sec.165-ssec.2) A delegation mentioned in subsection (1) ends 12 months after the commencement unless earlier revoked by the public guardian.","sortOrder":202},{"sectionNumber":"sec.166","sectionType":"section","heading":"Repealed s 178 (Consultation and employment of professionals)","content":"### sec.166 Repealed s 178 (Consultation and employment of professionals)\n\nThis section applies if, under repealed section 178, the adult guardian consulted or employed a professional under a contract that was in force immediately before the commencement.\nThe contract continues in force according to its terms (with necessary changes) as if it had been entered into by the public guardian under section 105.\nIn this section—\ncontract includes written arrangement.\n(sec.166-ssec.1) This section applies if, under repealed section 178, the adult guardian consulted or employed a professional under a contract that was in force immediately before the commencement.\n(sec.166-ssec.2) The contract continues in force according to its terms (with necessary changes) as if it had been entered into by the public guardian under section 105.\n(sec.166-ssec.3) In this section— contract includes written arrangement.","sortOrder":203},{"sectionNumber":"sec.167","sectionType":"section","heading":"Repealed s 179 (Advice and supervision)","content":"### sec.167 Repealed s 179 (Advice and supervision)\n\nAn attorney, guardian or administrator who, immediately before the commencement, is subject to the adult guardian’s supervision under a written notice given under repealed section 179 continues to be subject to the public guardian’s supervision in accordance with the written notice as if the notice had been given by the public guardian under section 18.\nA requirement made of an attorney under repealed section 179 to present a plan of management for approval that has not, on the commencement, been complied with continues to have effect according to its terms as if the notice had been given by the public guardian under section 18.\n(sec.167-ssec.1) An attorney, guardian or administrator who, immediately before the commencement, is subject to the adult guardian’s supervision under a written notice given under repealed section 179 continues to be subject to the public guardian’s supervision in accordance with the written notice as if the notice had been given by the public guardian under section 18.\n(sec.167-ssec.2) A requirement made of an attorney under repealed section 179 to present a plan of management for approval that has not, on the commencement, been complied with continues to have effect according to its terms as if the notice had been given by the public guardian under section 18.","sortOrder":204},{"sectionNumber":"sec.168","sectionType":"section","heading":"Repealed s 180 (Investigate complaints)","content":"### sec.168 Repealed s 180 (Investigate complaints)\n\nA complaint or allegation made to the adult guardian under repealed section 180 that has not been investigated or fully investigated on the commencement may be investigated by the public guardian under section 19.","sortOrder":205},{"sectionNumber":"sec.169","sectionType":"section","heading":"Repealed s 181 (Delegate for investigation)","content":"### sec.169 Repealed s 181 (Delegate for investigation)\n\nThis section applies if the adult guardian delegated the adult guardian’s powers under repealed chapter 8, part 2 (other than the power to give notice under section 185(1) or 189) to a person to investigate a complaint or allegation and the investigation had not been completed on the commencement.\nThe person may continue to carry out the investigation, make a written report and give a copy of the report to the public guardian as if the delegation had been given by the public guardian under section 20.\n(sec.169-ssec.1) This section applies if the adult guardian delegated the adult guardian’s powers under repealed chapter 8, part 2 (other than the power to give notice under section 185(1) or 189) to a person to investigate a complaint or allegation and the investigation had not been completed on the commencement.\n(sec.169-ssec.2) The person may continue to carry out the investigation, make a written report and give a copy of the report to the public guardian as if the delegation had been given by the public guardian under section 20.","sortOrder":206},{"sectionNumber":"sec.170","sectionType":"section","heading":"Repealed s 182 (Records and audit)","content":"### sec.170 Repealed s 182 (Records and audit)\n\nA written notice given by the adult guardian to an attorney or an administrator under repealed section 182 that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 21.","sortOrder":207},{"sectionNumber":"sec.171","sectionType":"section","heading":"Repealed s 183 (Right to information)","content":"### sec.171 Repealed s 183 (Right to information)\n\nA written notice given by the adult guardian under repealed section 183(2) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 22.","sortOrder":208},{"sectionNumber":"sec.172","sectionType":"section","heading":"Repealed s 184 (Information by statutory declaration)","content":"### sec.172 Repealed s 184 (Information by statutory declaration)\n\nA written notice given by the adult guardian under repealed section 184(1) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 23.","sortOrder":209},{"sectionNumber":"sec.173","sectionType":"section","heading":"Repealed s 185 (Witnesses)","content":"### sec.173 Repealed s 185 (Witnesses)\n\nA written notice given by the adult guardian under repealed section 185(1) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 25.","sortOrder":210},{"sectionNumber":"sec.174","sectionType":"section","heading":"Repealed s 186 (Power of court if noncompliance with attendance notice)","content":"### sec.174 Repealed s 186 (Power of court if noncompliance with attendance notice)\n\nIf a subpoena is issued by a Magistrates Court at the request of the adult guardian requiring the attendance of a person before the court on or after the commencement—\nthe subpoena continues to have effect as if it had been issued at the request of the public guardian under section 26; and\nthe public guardian may examine the person when the person attends before the court under the subpoena.\n- (a) the subpoena continues to have effect as if it had been issued at the request of the public guardian under section 26; and\n- (b) the public guardian may examine the person when the person attends before the court under the subpoena.","sortOrder":211},{"sectionNumber":"sec.175","sectionType":"section","heading":"Repealed s 189 (Cost of investigations and audits)","content":"### sec.175 Repealed s 189 (Cost of investigations and audits)\n\nA written notice under repealed section 189(1) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 29(1).\nIf—\nan investigation concerning a financial matter or an audit was undertaken under repealed section 189(1) at the request of a person; and\nthe public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause; and\nno notice had been given by the adult guardian under repealed section 189(1);\nthe public guardian may, by written notice under section 29(1), require a person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.\nA written notice under repealed section 189(2) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 29(2).\nIf—\nan investigation concerning a financial matter or an audit was undertaken under repealed section 189(2); and\nthe public guardian considers the attorney or administrator concerned had contravened the Guardianship Act or the Powers of Attorney Act; and\nno notice had been given by the adult guardian under repealed section 189(2);\nthe public guardian may, by written notice under section 29(2), require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.\n(sec.175-ssec.1) A written notice under repealed section 189(1) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 29(1).\n(sec.175-ssec.2) If— an investigation concerning a financial matter or an audit was undertaken under repealed section 189(1) at the request of a person; and the public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause; and no notice had been given by the adult guardian under repealed section 189(1); the public guardian may, by written notice under section 29(1), require a person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.\n(sec.175-ssec.3) A written notice under repealed section 189(2) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 29(2).\n(sec.175-ssec.4) If— an investigation concerning a financial matter or an audit was undertaken under repealed section 189(2); and the public guardian considers the attorney or administrator concerned had contravened the Guardianship Act or the Powers of Attorney Act; and no notice had been given by the adult guardian under repealed section 189(2); the public guardian may, by written notice under section 29(2), require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.\n- (a) an investigation concerning a financial matter or an audit was undertaken under repealed section 189(1) at the request of a person; and\n- (b) the public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause; and\n- (c) no notice had been given by the adult guardian under repealed section 189(1);\n- (a) an investigation concerning a financial matter or an audit was undertaken under repealed section 189(2); and\n- (b) the public guardian considers the attorney or administrator concerned had contravened the Guardianship Act or the Powers of Attorney Act; and\n- (c) no notice had been given by the adult guardian under repealed section 189(2);","sortOrder":212},{"sectionNumber":"sec.176","sectionType":"section","heading":"Repealed s 193 (Report after investigation or audit)","content":"### sec.176 Repealed s 193 (Report after investigation or audit)\n\nThis section applies if the adult guardian carried out or was carrying out an investigation or audit under repealed section 189 and had not made and given a written report about the investigation or audit to a person under repealed section 193.\nIf the investigation or audit was not completed, or a copy of the report was not made and given to a person under repealed section 193, before the commencement, the public guardian may complete the investigation or audit and make and give a copy of the report to the person under section 31.\n(sec.176-ssec.1) This section applies if the adult guardian carried out or was carrying out an investigation or audit under repealed section 189 and had not made and given a written report about the investigation or audit to a person under repealed section 193.\n(sec.176-ssec.2) If the investigation or audit was not completed, or a copy of the report was not made and given to a person under repealed section 193, before the commencement, the public guardian may complete the investigation or audit and make and give a copy of the report to the person under section 31.","sortOrder":213},{"sectionNumber":"sec.177","sectionType":"section","heading":"Repealed s 194 (Proceedings for protection of property)","content":"### sec.177 Repealed s 194 (Proceedings for protection of property)\n\nA proceeding commenced by the adult guardian under repealed section 194 and not finalised before the commencement may be continued by the public guardian.","sortOrder":214},{"sectionNumber":"sec.178","sectionType":"section","heading":"Repealed s 95 (Suspension of attorney’s power)","content":"### sec.178 Repealed s 95 (Suspension of attorney’s power)\n\nA written notice given by the adult guardian to an attorney under repealed section 195 and in force immediately before the commencement continues to have effect according to its terms (with necessary changes) as if it had been given by the public guardian under section 34.","sortOrder":215},{"sectionNumber":"sec.179","sectionType":"section","heading":"Repealed s 197 (Power to apply for entry and removal warrant)","content":"### sec.179 Repealed s 197 (Power to apply for entry and removal warrant)\n\nA warrant issued under repealed section 197 and in force on the commencement continues to have effect according to its terms (with necessary changes) and may be executed by the public guardian as if it had been issued under the Guardianship Act, section 149.","sortOrder":216},{"sectionNumber":"sec.180","sectionType":"section","heading":"Repealed s 206 (Annual report)","content":"### sec.180 Repealed s 206 (Annual report)\n\nThe public guardian must prepare an annual report on the performance of the adult guardian’s functions for the reporting year 2013–2014.\nThe public guardian must give a copy of the report to the Minister on or before 1 November 2014.\n(sec.180-ssec.1) The public guardian must prepare an annual report on the performance of the adult guardian’s functions for the reporting year 2013–2014.\n(sec.180-ssec.2) The public guardian must give a copy of the report to the Minister on or before 1 November 2014.","sortOrder":217},{"sectionNumber":"sec.181","sectionType":"section","heading":"Repealed s 224 (Functions)","content":"### sec.181 Repealed s 224 (Functions)\n\nThis section applies if—\nin the performance of the function of reporting to the chief executive as mentioned in repealed section 224, a community visitor had prepared, or was in the process of preparing, a report for the chief executive; and\nthe community visitor had not given the report to the chief executive before the commencement; and\non the commencement, the community visitor is appointed a community visitor (adult).\nThe community visitor may give, or prepare and give, the report to the public guardian.\nA report given to the public guardian under this section is taken to be a report given under section 41.\n(sec.181-ssec.1) This section applies if— in the performance of the function of reporting to the chief executive as mentioned in repealed section 224, a community visitor had prepared, or was in the process of preparing, a report for the chief executive; and the community visitor had not given the report to the chief executive before the commencement; and on the commencement, the community visitor is appointed a community visitor (adult).\n(sec.181-ssec.2) The community visitor may give, or prepare and give, the report to the public guardian.\n(sec.181-ssec.3) A report given to the public guardian under this section is taken to be a report given under section 41.\n- (a) in the performance of the function of reporting to the chief executive as mentioned in repealed section 224, a community visitor had prepared, or was in the process of preparing, a report for the chief executive; and\n- (b) the community visitor had not given the report to the chief executive before the commencement; and\n- (c) on the commencement, the community visitor is appointed a community visitor (adult).","sortOrder":218},{"sectionNumber":"sec.182","sectionType":"section","heading":"Repealed s 226 (Requirement to visit if asked)","content":"### sec.182 Repealed s 226 (Requirement to visit if asked)\n\nSubsection (2) applies if, before the commencement—\nunder repealed section 226, a consumer at a visitable site, or a person for the consumer, asked a person employed at the visitable site to arrange for a community visitor to visit the visitable site to perform the functions of a community visitor; and\nthe employed person had not informed the chief executive of the request before the commencement.\nThe employed person must inform the public guardian of the request as soon as practicable.\nMaximum penalty—40 penalty units.\nSubsection (4) applies if—\na consumer at a visitable site asked the chief executive under repealed section 226 to arrange for a community visitor to visit the site to perform the functions of a community visitor and the visit had not taken place at the commencement; or\nthe person mentioned in subsection (2) informs the public guardian of a request under subsection (2).\nThe public guardian must arrange for a community visitor (adult) to visit the consumer at the visitable site as soon as practicable to perform the visitor’s functions under section 41.\n(sec.182-ssec.1) Subsection (2) applies if, before the commencement— under repealed section 226, a consumer at a visitable site, or a person for the consumer, asked a person employed at the visitable site to arrange for a community visitor to visit the visitable site to perform the functions of a community visitor; and the employed person had not informed the chief executive of the request before the commencement.\n(sec.182-ssec.2) The employed person must inform the public guardian of the request as soon as practicable. Maximum penalty—40 penalty units.\n(sec.182-ssec.3) Subsection (4) applies if— a consumer at a visitable site asked the chief executive under repealed section 226 to arrange for a community visitor to visit the site to perform the functions of a community visitor and the visit had not taken place at the commencement; or the person mentioned in subsection (2) informs the public guardian of a request under subsection (2).\n(sec.182-ssec.4) The public guardian must arrange for a community visitor (adult) to visit the consumer at the visitable site as soon as practicable to perform the visitor’s functions under section 41.\n- (a) under repealed section 226, a consumer at a visitable site, or a person for the consumer, asked a person employed at the visitable site to arrange for a community visitor to visit the visitable site to perform the functions of a community visitor; and\n- (b) the employed person had not informed the chief executive of the request before the commencement.\n- (a) a consumer at a visitable site asked the chief executive under repealed section 226 to arrange for a community visitor to visit the site to perform the functions of a community visitor and the visit had not taken place at the commencement; or\n- (b) the person mentioned in subsection (2) informs the public guardian of a request under subsection (2).","sortOrder":219},{"sectionNumber":"sec.183","sectionType":"section","heading":"Repealed s 228 (Chief executive may authorise access outside normal hours)","content":"### sec.183 Repealed s 228 (Chief executive may authorise access outside normal hours)\n\nAn authority given by the chief executive under repealed section 228 that has not been acted on but is in force on the commencement is taken to be an authority given by the public guardian under section 45.","sortOrder":220},{"sectionNumber":"sec.184","sectionType":"section","heading":"Repealed s 230 (Reports by community visitors)","content":"### sec.184 Repealed s 230 (Reports by community visitors)\n\nThis section applies if—\na community visitor had prepared, or was in the process of preparing, a report under repealed section 230 for the chief executive; and\nthe community visitor had not given the report to the chief executive before the commencement.\nThe community visitor may give, or prepare and give, the report to the public guardian.\nThe public guardian may deal with the report as if it had been prepared and given under section 47.\n(sec.184-ssec.1) This section applies if— a community visitor had prepared, or was in the process of preparing, a report under repealed section 230 for the chief executive; and the community visitor had not given the report to the chief executive before the commencement.\n(sec.184-ssec.2) The community visitor may give, or prepare and give, the report to the public guardian.\n(sec.184-ssec.3) The public guardian may deal with the report as if it had been prepared and given under section 47.\n- (a) a community visitor had prepared, or was in the process of preparing, a report under repealed section 230 for the chief executive; and\n- (b) the community visitor had not given the report to the chief executive before the commencement.","sortOrder":221},{"sectionNumber":"sec.185","sectionType":"section","heading":"Repealed s 230A (Investigations about suitability of applicant to be community visitor)","content":"### sec.185 Repealed s 230A (Investigations about suitability of applicant to be community visitor)\n\nThis section applies if—\nthe chief executive asked the commissioner of the police service for a written report about the criminal history of a person under repealed section 230A; and\nthe commissioner had not given the report to the chief executive before the commencement.\nThe commissioner may give the report to the public guardian.\n(sec.185-ssec.1) This section applies if— the chief executive asked the commissioner of the police service for a written report about the criminal history of a person under repealed section 230A; and the commissioner had not given the report to the chief executive before the commencement.\n(sec.185-ssec.2) The commissioner may give the report to the public guardian.\n- (a) the chief executive asked the commissioner of the police service for a written report about the criminal history of a person under repealed section 230A; and\n- (b) the commissioner had not given the report to the chief executive before the commencement.","sortOrder":222},{"sectionNumber":"sec.186","sectionType":"section","heading":"Repealed s 231 (Appointment)","content":"### sec.186 Repealed s 231 (Appointment)\n\nA person holding appointment as a community visitor under repealed section 231 immediately before the commencement is taken to be a community visitor (adult) appointed under this Act on the commencement.\nThe terms of the person’s appointment as a community visitor under the Guardianship Act are taken to be the terms of the person’s appointment as a community visitor (adult) under this Act, with necessary changes, until changed by the public guardian under this Act.\nFor the purpose of working out the person’s entitlements under this Act or the Industrial Relations Act 1999 , employment by the chief executive under repealed section 231 and employment by the public guardian are taken to be employment by the same employer.\nA notice under the Industrial Relations Act 1999 given by a person holding appointment as a community visitor under repealed section 231 immediately before the commencement to the chief executive as the person’s employer is taken to have been given to the public guardian.\nIf, under the person’s instrument of appointment as a community visitor, a decision about an entitlement was required to be made by the adult guardian or someone on the adult guardian’s behalf, the decision must now be made by the public guardian.\n(sec.186-ssec.1) A person holding appointment as a community visitor under repealed section 231 immediately before the commencement is taken to be a community visitor (adult) appointed under this Act on the commencement.\n(sec.186-ssec.2) The terms of the person’s appointment as a community visitor under the Guardianship Act are taken to be the terms of the person’s appointment as a community visitor (adult) under this Act, with necessary changes, until changed by the public guardian under this Act.\n(sec.186-ssec.3) For the purpose of working out the person’s entitlements under this Act or the Industrial Relations Act 1999 , employment by the chief executive under repealed section 231 and employment by the public guardian are taken to be employment by the same employer.\n(sec.186-ssec.4) A notice under the Industrial Relations Act 1999 given by a person holding appointment as a community visitor under repealed section 231 immediately before the commencement to the chief executive as the person’s employer is taken to have been given to the public guardian.\n(sec.186-ssec.5) If, under the person’s instrument of appointment as a community visitor, a decision about an entitlement was required to be made by the adult guardian or someone on the adult guardian’s behalf, the decision must now be made by the public guardian.","sortOrder":223},{"sectionNumber":"sec.187","sectionType":"section","heading":"Repealed s 232 (Duration of appointment)","content":"### sec.187 Repealed s 232 (Duration of appointment)\n\nThis section applies if—\nthe chief executive has, by written notice under repealed section 232(4), suspended the appointment of a person as a community visitor; and\nthe suspension is in force immediately before the commencement.\nThe suspension continues to have effect according to its terms as if the community visitor were a community visitor (adult) under this Act and the person’s appointment had been suspended by the public guardian under section 113(4).\nThe person’s suspension is to be dealt with under this Act.\n(sec.187-ssec.1) This section applies if— the chief executive has, by written notice under repealed section 232(4), suspended the appointment of a person as a community visitor; and the suspension is in force immediately before the commencement.\n(sec.187-ssec.2) The suspension continues to have effect according to its terms as if the community visitor were a community visitor (adult) under this Act and the person’s appointment had been suspended by the public guardian under section 113(4).\n(sec.187-ssec.3) The person’s suspension is to be dealt with under this Act.\n- (a) the chief executive has, by written notice under repealed section 232(4), suspended the appointment of a person as a community visitor; and\n- (b) the suspension is in force immediately before the commencement.","sortOrder":224},{"sectionNumber":"sec.188","sectionType":"section","heading":"Repealed s 236 (Failure to return identity card)","content":"### sec.188 Repealed s 236 (Failure to return identity card)\n\nThis section applies to a person who ceased to be a community visitor before the commencement and has not returned the person’s identity card to the chief executive before the commencement.\nThe person must return the person’s identity card to the public guardian as soon as possible after the commencement (but within 21 days), unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\n(sec.188-ssec.1) This section applies to a person who ceased to be a community visitor before the commencement and has not returned the person’s identity card to the chief executive before the commencement.\n(sec.188-ssec.2) The person must return the person’s identity card to the public guardian as soon as possible after the commencement (but within 21 days), unless the person has a reasonable excuse. Maximum penalty—10 penalty units.","sortOrder":225},{"sectionNumber":"sec.189","sectionType":"section","heading":"Repealed s 237 (Annual report by chief executive)","content":"### sec.189 Repealed s 237 (Annual report by chief executive)\n\nThe public guardian must prepare an annual report on the operations of community visitors (including the number of entries of visitable sites outside normal hours authorised by the chief executive) for the reporting year 2013–2014.\nThe public guardian must give a copy of the report to the Minister on or before 1 November 2014.\n(sec.189-ssec.1) The public guardian must prepare an annual report on the operations of community visitors (including the number of entries of visitable sites outside normal hours authorised by the chief executive) for the reporting year 2013–2014.\n(sec.189-ssec.2) The public guardian must give a copy of the report to the Minister on or before 1 November 2014.","sortOrder":226},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Transitional provisions for Disability Services and Other Legislation (NDIS) Amendment Act 2019","content":"# Transitional provisions for Disability Services and Other Legislation (NDIS) Amendment Act 2019","sortOrder":227},{"sectionNumber":"sec.190","sectionType":"section","heading":"Definitions for part","content":"### sec.190 Definitions for part\n\nIn this part—\namending Act means the Disability Services and Other Legislation (NDIS) Amendment Act 2019 .\nformer , in relation to a provision, means as in force immediately before the provision was amended or repealed under the amending Act.\nformer visitable site means a place that was a visitable site under former chapter 3, part 6 but is not a visitable site under chapter 3, part 6 as amended by the amending Act.\ns 190 ins 2019 No. 19 s 74","sortOrder":228},{"sectionNumber":"sec.191","sectionType":"section","heading":"Inquiries in relation to former visitable sites started before commencement","content":"### sec.191 Inquiries in relation to former visitable sites started before commencement\n\nThis section applies if—\nbefore the commencement, a community visitor (adult) inquired, or started to inquire, under former section 41(2) into a matter in relation to a former visitable site; and\nimmediately before the commencement, the community visitor (adult) had not reported to the public guardian on the matter.\nThe community visitor (adult) must continue to perform the inquiry functions under section 41(2) in relation to the matter.\nSection 41(4) and chapter 3, part 6, division 4 apply to the performance of the inquiry functions as if—\nthe functions were being performed under section 41(2); and\nthe former visitable site were a visitable site under chapter 3, part 6.\ns 191 ins 2019 No. 19 s 74\n(sec.191-ssec.1) This section applies if— before the commencement, a community visitor (adult) inquired, or started to inquire, under former section 41(2) into a matter in relation to a former visitable site; and immediately before the commencement, the community visitor (adult) had not reported to the public guardian on the matter.\n(sec.191-ssec.2) The community visitor (adult) must continue to perform the inquiry functions under section 41(2) in relation to the matter.\n(sec.191-ssec.3) Section 41(4) and chapter 3, part 6, division 4 apply to the performance of the inquiry functions as if— the functions were being performed under section 41(2); and the former visitable site were a visitable site under chapter 3, part 6.\n- (a) before the commencement, a community visitor (adult) inquired, or started to inquire, under former section 41(2) into a matter in relation to a former visitable site; and\n- (b) immediately before the commencement, the community visitor (adult) had not reported to the public guardian on the matter.\n- (a) the functions were being performed under section 41(2); and\n- (b) the former visitable site were a visitable site under chapter 3, part 6.","sortOrder":229},{"sectionNumber":"sec.192","sectionType":"section","heading":"Existing complaints about former visitable sites","content":"### sec.192 Existing complaints about former visitable sites\n\nThis section applies if—\nbefore the commencement, a complaint was made about a matter mentioned in former section 41(2) in relation to a former visitable site; and\nimmediately before the commencement, a community visitor (adult) for the former visitable site had not resolved the complaint, or referred it, under former section 41(3).\nA community visitor (adult) for the former visitable site must perform the complaint functions mentioned in section 41(3) in relation to the complaint.\nSection 41(4) and chapter 3, part 6, division 4 apply to the performance of the complaint functions as if—\nthe functions were being performed under section 41(3); and\nthe former visitable site were a visitable site under chapter 3, part 6.\ns 192 ins 2019 No. 19 s 74\n(sec.192-ssec.1) This section applies if— before the commencement, a complaint was made about a matter mentioned in former section 41(2) in relation to a former visitable site; and immediately before the commencement, a community visitor (adult) for the former visitable site had not resolved the complaint, or referred it, under former section 41(3).\n(sec.192-ssec.2) A community visitor (adult) for the former visitable site must perform the complaint functions mentioned in section 41(3) in relation to the complaint.\n(sec.192-ssec.3) Section 41(4) and chapter 3, part 6, division 4 apply to the performance of the complaint functions as if— the functions were being performed under section 41(3); and the former visitable site were a visitable site under chapter 3, part 6.\n- (a) before the commencement, a complaint was made about a matter mentioned in former section 41(2) in relation to a former visitable site; and\n- (b) immediately before the commencement, a community visitor (adult) for the former visitable site had not resolved the complaint, or referred it, under former section 41(3).\n- (a) the functions were being performed under section 41(3); and\n- (b) the former visitable site were a visitable site under chapter 3, part 6.","sortOrder":230},{"sectionNumber":"sec.193","sectionType":"section","heading":"Existing requests for community visitor (adult) to visit former visitable site","content":"### sec.193 Existing requests for community visitor (adult) to visit former visitable site\n\nThis section applies if, before the commencement, a person made a request under former section 43(1)(a) or (b) in relation to a former visitable site.\nSubsection (3) applies if—\nthe request was made under former section 43(1)(b) to a staff member at the former visitable site; and\nimmediately before the commencement—\nthe staff member had not told the public guardian about the request; and\nthe period that is 3 business days after the request is made had not ended.\nThe staff member must, within 3 business days after the request is made, tell the public guardian about the request.\nMaximum penalty—40 penalty units.\nIf, immediately before the commencement, a community visitor (adult) for the former visitable site had not visited the site in accordance with the request—\na community visitor (adult) for the site must visit the site as soon as practicable after being informed of the request; and\nchapter 3, part 6, division 4 applies to the performance of the function under paragraph (a) as if—\nthe function were being performed under section 43; and\nthe former visitable site were a visitable site under chapter 3, part 6.\ns 193 ins 2019 No. 19 s 74\n(sec.193-ssec.1) This section applies if, before the commencement, a person made a request under former section 43(1)(a) or (b) in relation to a former visitable site.\n(sec.193-ssec.2) Subsection (3) applies if— the request was made under former section 43(1)(b) to a staff member at the former visitable site; and immediately before the commencement— the staff member had not told the public guardian about the request; and the period that is 3 business days after the request is made had not ended.\n(sec.193-ssec.3) The staff member must, within 3 business days after the request is made, tell the public guardian about the request. Maximum penalty—40 penalty units.\n(sec.193-ssec.4) If, immediately before the commencement, a community visitor (adult) for the former visitable site had not visited the site in accordance with the request— a community visitor (adult) for the site must visit the site as soon as practicable after being informed of the request; and chapter 3, part 6, division 4 applies to the performance of the function under paragraph (a) as if— the function were being performed under section 43; and the former visitable site were a visitable site under chapter 3, part 6.\n- (a) the request was made under former section 43(1)(b) to a staff member at the former visitable site; and\n- (b) immediately before the commencement— (i) the staff member had not told the public guardian about the request; and (ii) the period that is 3 business days after the request is made had not ended.\n- (i) the staff member had not told the public guardian about the request; and\n- (ii) the period that is 3 business days after the request is made had not ended.\n- (i) the staff member had not told the public guardian about the request; and\n- (ii) the period that is 3 business days after the request is made had not ended.\n- (a) a community visitor (adult) for the site must visit the site as soon as practicable after being informed of the request; and\n- (b) chapter 3, part 6, division 4 applies to the performance of the function under paragraph (a) as if— (i) the function were being performed under section 43; and (ii) the former visitable site were a visitable site under chapter 3, part 6.\n- (i) the function were being performed under section 43; and\n- (ii) the former visitable site were a visitable site under chapter 3, part 6.\n- (i) the function were being performed under section 43; and\n- (ii) the former visitable site were a visitable site under chapter 3, part 6.","sortOrder":231},{"sectionNumber":"sec.194","sectionType":"section","heading":"Existing authorisations to enter former visitable sites outside normal hours","content":"### sec.194 Existing authorisations to enter former visitable sites outside normal hours\n\nAn existing authorisation in relation to an existing complaint continues to have effect according to its terms and conditions.\nIn this section—\nexisting authorisation means an authorisation given under former section 45 that was in effect immediately before the commencement.\nexisting complaint means a complaint in relation to which section 192 applies.\ns 194 ins 2019 No. 19 s 74\n(sec.194-ssec.1) An existing authorisation in relation to an existing complaint continues to have effect according to its terms and conditions.\n(sec.194-ssec.2) In this section— existing authorisation means an authorisation given under former section 45 that was in effect immediately before the commencement. existing complaint means a complaint in relation to which section 192 applies.","sortOrder":232},{"sectionNumber":"sec.195","sectionType":"section","heading":"Reports about visits to former visitable sites before commencement","content":"### sec.195 Reports about visits to former visitable sites before commencement\n\nThis section applies if, before the commencement, a community visitor (adult) visited a former visitable site.\nIf, immediately before the commencement, the community visitor (adult) had not complied with former section 47(1) in relation to the visit—\nthe community visitor (adult) must prepare a report on the visit under section 47 and give a copy of the report to the public guardian; and\nthe public guardian must, as soon as practicable after receiving a copy of the report, give a copy of the report to a person in charge of the site.\nIf, immediately before the commencement, the public guardian had not complied with former section 47(3) in relation to a report on the visit, the public guardian must give a copy of the report to a person in charge of the site.\nSection 47(4) applies in relation to a copy of a report on the visit received by the public guardian before or after the commencement.\ns 195 ins 2019 No. 19 s 74\n(sec.195-ssec.1) This section applies if, before the commencement, a community visitor (adult) visited a former visitable site.\n(sec.195-ssec.2) If, immediately before the commencement, the community visitor (adult) had not complied with former section 47(1) in relation to the visit— the community visitor (adult) must prepare a report on the visit under section 47 and give a copy of the report to the public guardian; and the public guardian must, as soon as practicable after receiving a copy of the report, give a copy of the report to a person in charge of the site.\n(sec.195-ssec.3) If, immediately before the commencement, the public guardian had not complied with former section 47(3) in relation to a report on the visit, the public guardian must give a copy of the report to a person in charge of the site.\n(sec.195-ssec.4) Section 47(4) applies in relation to a copy of a report on the visit received by the public guardian before or after the commencement.\n- (a) the community visitor (adult) must prepare a report on the visit under section 47 and give a copy of the report to the public guardian; and\n- (b) the public guardian must, as soon as practicable after receiving a copy of the report, give a copy of the report to a person in charge of the site.","sortOrder":233},{"sectionNumber":"sec.196","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.196 Proceedings for particular offences\n\nThis section applies in relation to an offence committed against any of the following provisions, in relation to a former visitable site, before the commencement—\nformer section 43(2);\nformer section 44(3);\nformer section 49.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be started or continued, and a person may be convicted of and punished for the offence, as if the amending Act, section 62 had not commenced.\nSubsection (2) applies despite the Criminal Code , section 11 .\ns 196 ins 2019 No. 19 s 74\n(sec.196-ssec.1) This section applies in relation to an offence committed against any of the following provisions, in relation to a former visitable site, before the commencement— former section 43(2); former section 44(3); former section 49.\n(sec.196-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be started or continued, and a person may be convicted of and punished for the offence, as if the amending Act, section 62 had not commenced.\n(sec.196-ssec.3) Subsection (2) applies despite the Criminal Code , section 11 .\n- (a) former section 43(2);\n- (b) former section 44(3);\n- (c) former section 49.","sortOrder":234},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2023","content":"# Transitional provisions for Justice and Other Legislation Amendment Act 2023","sortOrder":235},{"sectionNumber":"sec.197","sectionType":"section","heading":"Definition for part","content":"### sec.197 Definition for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 197 ins 2023 No. 23 s 184","sortOrder":236},{"sectionNumber":"sec.198","sectionType":"section","heading":"Existing suspensions","content":"### sec.198 Existing suspensions\n\nThis section applies if—\nbefore the commencement a community visitor was suspended; and\nimmediately before the commencement the suspension was still in effect.\nFrom the commencement, the suspension continues under the Public Sector Act 2022 , section 101 .\ns 198 ins 2023 No. 23 s 184\n(sec.198-ssec.1) This section applies if— before the commencement a community visitor was suspended; and immediately before the commencement the suspension was still in effect.\n(sec.198-ssec.2) From the commencement, the suspension continues under the Public Sector Act 2022 , section 101 .\n- (a) before the commencement a community visitor was suspended; and\n- (b) immediately before the commencement the suspension was still in effect.","sortOrder":237},{"sectionNumber":"sec.199","sectionType":"section","heading":"Termination notices given before commencement","content":"### sec.199 Termination notices given before commencement\n\nThis section applies if—\nthe public guardian gave a community visitor a notice of termination before the commencement; and\non the commencement the termination had not yet taken effect.\nFormer section 113 continues to apply in relation to the termination as if the Justice and Other Legislation Amendment Act 2023 , part 27 had not commenced.\ns 199 ins 2023 No. 23 s 184\n(sec.199-ssec.1) This section applies if— the public guardian gave a community visitor a notice of termination before the commencement; and on the commencement the termination had not yet taken effect.\n(sec.199-ssec.2) Former section 113 continues to apply in relation to the termination as if the Justice and Other Legislation Amendment Act 2023 , part 27 had not commenced.\n- (a) the public guardian gave a community visitor a notice of termination before the commencement; and\n- (b) on the commencement the termination had not yet taken effect.","sortOrder":238},{"sectionNumber":"sec.200","sectionType":"section","heading":"Particular community visitors go out of office","content":"### sec.200 Particular community visitors go out of office\n\nThis section applies to a community visitor if, immediately before the commencement, under former section 110(2) or former section 111(2), the community visitor could not hold office.\nOn the commencement, the community visitor goes out of office and the person’s appointment as a community visitor ends.\ns 200 ins 2023 No. 23 s 184\n(sec.200-ssec.1) This section applies to a community visitor if, immediately before the commencement, under former section 110(2) or former section 111(2), the community visitor could not hold office.\n(sec.200-ssec.2) On the commencement, the community visitor goes out of office and the person’s appointment as a community visitor ends.","sortOrder":239}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original purpose was to establish the Public Guardian primarily for adults with impaired decision-making capacity. Over time, amendments (particularly in 2019) significantly expanded scope to include: the NDIS framework and registered NDIS providers as regulated entities; funded adult NDIS participants as a distinct protected class; 'private dwelling houses' where NDIS supports are delivered as potential visitable sites; and new obligations on registered NDIS providers to report information to the Public Guardian. The community visitor program was also extended and formalised, and the complaint referral pathway to the NDIS Commissioner was added. These amendments reflect the emergence of the NDIS as a major service delivery mechanism and represent a meaningful expansion of the Act's original institutional-care-focused scope."},"complexity_factors":["Extensive cross-referencing to at least six other Acts (Guardianship and Administration Act 2000, Powers of Attorney Act 1998, Mental Health Act 2016, Forensic Disability Act 2011, National Disability Insurance Scheme Act 2013 (Cwlth), Information Privacy Act 2009), making the Act impossible to fully understand in isolation","Dual subject matter covering both vulnerable adults and children, each with distinct legal frameworks, principles and procedural rules","Multiple overlapping legal roles (attorney, guardian, administrator, statutory health attorney, public guardian, public trustee) with different powers and obligations that interact in complex ways","Sophisticated information-gathering regime that overrides legal professional privilege and confidentiality but includes qualified use-immunity protections — a nuanced legal balance","Community visitor program with detailed operational rules including different rules for normal vs. after-hours entry, NDIS-specific provisions, and requirements tied to specific classes of registered providers","Staged commencement provisions tied to external legislation (Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014) creating uncertainty about when parts took effect","Incorporation of NDIS framework (a Commonwealth scheme) into a state law, creating federal-state jurisdictional complexity","The self-incrimination provisions create a modified use-immunity regime with multiple carve-outs (employment proceedings, professional registration proceedings, facility registration proceedings) requiring careful analysis","Definitions section references external dictionaries and schedules rather than defining terms inline, adding a layer of navigational complexity","Amendment history (multiple amendments in 2016, 2019, 2023) means the current text differs substantially from the original and readers must trace legislative changes"],"plain_english_summary":"## What is the Public Guardian Act 2014?\n\nThis is a Queensland law that creates an independent government officer called the **Public Guardian** — a kind of legal protector for two groups of vulnerable people:\n\n1. **Adults who cannot make their own decisions** (due to illness, disability, brain injury, dementia, or other conditions that affect their ability to understand and choose — called \"impaired capacity\")\n2. **Vulnerable children** — particularly those in institutional care, detention, or mental health facilities\n\n---\n\n## Who does this affect?\n\n### If you are a vulnerable adult (or care for one):\n- If you have dementia, a serious mental illness, an intellectual disability, or brain injury, the Public Guardian can step in to protect you if no one else is doing so properly\n- If *you* are someone's **attorney** (appointed to make decisions on their behalf — like through a Power of Attorney), **guardian** (appointed by a tribunal), or **administrator** (manages their finances), this law directly regulates what you do and gives the Public Guardian power to oversee, investigate, and even suspend your authority\n\n### If you work at or run a care facility:\n- Mental health inpatient services, NDIS-funded disability accommodation, and forensic disability services (for people who have offended but have a disability) are all subject to inspection by **Community Visitors** — independent people who can drop in unannounced during business hours, talk privately with residents, inspect files, and report problems\n\n### If you are a child in care or a child at a facility:\n- Children in detention centres, mental health services, and other institutional care settings have access to **Community Visitors (Child)** who check on their wellbeing and can receive complaints\n\n---\n\n## What can the Public Guardian actually do?\n\n- **Investigate** complaints that a vulnerable adult is being neglected, exploited, or abused\n- **Demand documents and financial records** from attorneys or administrators — and have them audited\n- **Require people to give evidence under oath** (like a mini-court process)\n- **Suspend an attorney's power** for up to 3 months if there are concerns they're not acting properly\n- **Step in as decision-maker** during a suspension (for personal matters) — the Public Trustee steps in for financial matters\n- **Go to court** to recover property wrongly taken from a vulnerable adult\n- **Consent to forensic medical examinations** of adults who cannot consent themselves (e.g., if a crime may have been committed against them)\n- **Authorise entry** into care facilities outside business hours to investigate complaints\n- **Override confidentiality and legal professional privilege** to get information — but information obtained this way generally cannot be used against the person who gave it in criminal proceedings\n\n---\n\n## Key protections for individuals\n\n- If you give information to the Public Guardian honestly, **you are protected from being sued or disciplined** for doing so\n- If you are compelled to give information that might incriminate yourself, that information **generally cannot be used against you** in criminal proceedings\n- Decisions by the Public Guardian can usually be **reviewed by the Queensland Civil and Administrative Tribunal (QCAT)** — an independent review body\n- The privacy of letters between residents at facilities and Community Visitors is protected — staff cannot open them\n\n---\n\n## The guiding values\n\nAll decisions must follow principles including:\n- The **best interests** of the person\n- Respect for their **dignity, privacy and autonomy**\n- Using the **least restrictive** approach possible\n- For children: their **family connections and cultural identity** must be taken into account\n\n---\n\n## Links to other laws\n\nThis Act works alongside (and is subordinate to) the *Guardianship and Administration Act 2000* and the *Powers of Attorney Act 1998*. It also intersects with the NDIS national scheme, the *Mental Health Act 2016*, and the *Forensic Disability Act 2011*."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.19(2)","severity":"low","reasoning":"Section 19(2) extends investigation powers to post-death situations, but section 19(1)(a) includes the present continuous 'is being' neglected/exploited/abused. A deceased adult cannot presently be suffering these things. The extension clause does not carve out or clarify which limbs survive death, creating mild interpretive absurdity.","confidence":0.6,"description":"The public guardian may investigate a complaint or allegation that an adult 'is being or has been neglected, exploited or abused' even after the adult's death. While post-death investigation of past abuse is coherent, the present tense limb ('is being') logically cannot apply to a deceased person, creating an unresolvable ambiguity about whether the power persists in its present-tense form."},{"type":"impossible_compliance","section":"sec.21(3) and sec.21(5)","severity":"medium","reasoning":"An enduring power of attorney generally ceases on the death of the principal. Imposing a penalty-backed obligation on a person in their capacity as 'attorney' after that capacity may have legally terminated creates a potential impossibility of compliance with the notice in the precise legal capacity described.","confidence":0.65,"description":"Section 21 imposes a penalty on an attorney or administrator who fails to comply with a notice to file accounts, but section 21(5) extends the section to apply 'even after an adult's death.' An attorney or administrator whose authority typically ends on the adult's death may face a statutory obligation and criminal penalty for not filing accounts relating to a period when they may no longer legally hold that role."},{"type":"self_contradicting","section":"sec.28(2) and sec.22(4)","severity":"high","reasoning":"Section 22(3)-(4) says a person must comply with an information notice unless they have a reasonable excuse, and s22(4) confirms self-incrimination is a reasonable excuse. But section 28 says self-incrimination is NOT a reasonable excuse for failing to comply with s25(1) notices. An investigator could use either power in similar circumstances, leading to directly contradictory outcomes on the same privilege claim.","confidence":0.82,"description":"Section 28 abolishes self-incrimination as a 'reasonable excuse' for failing to comply with notices or answer questions, while section 22(4) explicitly preserves self-incrimination as a 'reasonable excuse' for not complying with information notices under that section. The two regimes apply to overlapping investigative contexts, creating contradictory positions on the same privilege depending on which notice is used."},{"type":"impossible_compliance","section":"sec.34(4)","severity":"medium","reasoning":"The combination of a 3-month cap and a one-suspension-per-circumstance rule means that if an attorney's harmful conduct flows from a single set of circumstances but continues beyond 3 months, the protective suspension mechanism is exhausted. This undermines the Act's protective purpose without providing an alternative remedy at the public guardian level.","confidence":0.75,"description":"Section 34(4) prohibits the public guardian from suspending an attorney 'more than once on the same ground arising from the same circumstances,' yet section 34(3) limits any suspension to a maximum of 3 months. If serious ongoing misconduct persists beyond the 3-month suspension period but arises from the same original circumstances, the public guardian is powerless to re-suspend, leaving the adult unprotected for the remainder of that misconduct episode."},{"type":"impossible_compliance","section":"sec.34(4)(a)","severity":"medium","reasoning":"Complex investigations may routinely take more than 3 months. The inability to extend means protection automatically lapses at 3 months regardless of circumstances, potentially exposing the adult to further harm while awaiting tribunal review.","confidence":0.7,"description":"The prohibition on extending a suspension, combined with the 3-month maximum, means there is a built-in ceiling that cannot be adjusted regardless of the severity or persistence of the conduct. If an investigation into the suspended attorney's conduct is not completed within 3 months, the attorney's powers automatically revive before any remedial order can be made."},{"type":"other","section":"sec.46(1) and sec.46(3)","severity":"low","reasoning":"The requirement to seek views before acting, combined with the overriding obligation to act for the consumer's protection regardless, creates a process that may be reduced to an empty formality for consumers with profound impairment, undermining the dignity-based rationale for the consultation requirement.","confidence":0.55,"description":"Section 46(1) requires a community visitor to 'seek and take into account the views and wishes of a consumer' before inspecting documents or asking questions about the consumer, but section 46(3) states the visitor must act consistently with 'the consumer's proper care and protection' regardless of those views. For a consumer with severely impaired capacity, the obligation to seek views that will then be overridden is potentially meaningless and procedurally hollow."},{"type":"impossible_compliance","section":"sec.45(3)","severity":"low","reasoning":"A rigid 2-hour cap with no extension power creates a structural limitation that could result in incomplete investigations, particularly at larger facilities or where documentation review is required, without any safety valve.","confidence":0.5,"description":"Section 45(3) limits after-hours entry authorisation to 'a period of not more than 2 hours.' This is potentially insufficient for complex complaints at large residential facilities, and there is no mechanism to authorise further entry on the same occasion if the 2-hour window proves inadequate, potentially leaving complaints incompletely investigated."},{"type":"other","section":"sec.20(5)","severity":"low","reasoning":"The phrase 'is, or purports to be, made for this Act' in the lawful excuse provision could be read to cover publications beyond those expressly authorised, potentially creating a broader defamation immunity than was intended.","confidence":0.45,"description":"Section 20(5) grants a 'lawful excuse' for publication of defamatory statements in a delegate's report if made in good faith for the Act, yet section 20(4) only requires the delegate to give the report to the public guardian. The defamation protection appears broader than the authorised publication pathway, potentially shielding wider unauthorised publication if characterised as 'for this Act.'"},{"type":"other","section":"sec.43(3) and sec.43(4)","severity":"low","reasoning":"The chain of obligation has a gap: staff must notify the public guardian within 3 days, but there is no corresponding timeframe for the public guardian to inform the community visitor, potentially rendering the 'as soon as practicable' visit obligation meaningless in practice.","confidence":0.6,"description":"Section 43(3) requires a staff member who receives a request for a community visitor to notify the public guardian within 3 business days, but section 43(4) requires the community visitor to visit 'as soon as practicable' after being informed of the request. There is no obligation on the public guardian to promptly inform the community visitor after being notified by the staff member, creating a potential indefinite delay between notification and visit with no penalty."}],"contradictions":[{"severity":"high","section_a":"sec.22(4)","section_b":"sec.28(2)","confidence":0.85,"description":"Section 22(4) expressly provides that self-incrimination is a 'reasonable excuse' for not complying with an information notice under section 22. Section 28(2) expressly provides that self-incrimination is NOT a reasonable excuse for failing to comply with a notice under section 25(1). Both sections can apply to overlapping investigative functions and both carry identical maximum penalties of 100 penalty units, creating directly contradictory treatment of the same privilege in the same investigative regime."},{"severity":"medium","section_a":"sec.7(2)(a)","section_b":"sec.7(1)","confidence":0.65,"description":"Section 7(1) states that the 'best interests of the child are paramount,' establishing this as the supreme principle. Section 7(2)(a) states that 'the child's family has primary responsibility for the child's upbringing and development and should be supported in that role.' These two principles can directly conflict: supporting family primacy may not always serve the child's best interests, yet both are stated as mandatory principles to be applied simultaneously without any hierarchy between them beyond the general paramountcy statement."},{"severity":"medium","section_a":"sec.34(4)(b)","section_b":"sec.34(2)(b)","confidence":0.6,"description":"Section 34(2)(b) identifies attorney neglect of duties or abuse of powers as grounds for suspension, while section 34(4)(b) prohibits suspending an attorney more than once on the same ground arising from the same circumstances. If abuse of power is ongoing and continuous, characterising it as a 'single' circumstance versus recurring new circumstances creates interpretive contradiction: repeated identical abusive acts could be characterised as a continuing single circumstance (barring re-suspension) or successive new circumstances (permitting re-suspension), with no guidance provided."},{"severity":"low","section_a":"sec.8(5)","section_b":"sec.6(1)","confidence":0.45,"description":"Section 8(5) provides that the Guardianship Act prevails in case of inconsistency with this Act. Section 6(1) incorporates the principles and health care principles from the Guardianship Act as mandatory principles under this Act. If those imported principles themselves conflict with other provisions of this Act, the prevailing instrument is clear, but the Act simultaneously mandates application of those principles under its own terms, creating a circular dependency where compliance with this Act's mandatory principles may already require displacing this Act in favour of the Guardianship Act."},{"severity":"medium","section_a":"sec.35(1)","section_b":"sec.35(2)","confidence":0.6,"description":"Section 35(1) prohibits a suspended attorney from exercising their power (with a penalty of 100 penalty units). Section 35(2) deems the public guardian to be 'the attorney for the adult for the exercise of the power' during suspension of a personal matter attorney. This deeming provision means the public guardian steps into the shoes of the suspended attorney under the same instrument (the enduring document), yet the public guardian is exercising powers derived from a document that created the suspended attorney's powers—potentially exercising powers that the principal did not authorise the public guardian to exercise."}]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This version extends the Act substantially beyond an initial, narrower guardianship/advocacy role. Notable scope expansions include: (1) integration with NDIS-funded services and obligations on registered NDIS providers to supply prescribed information at visitable sites (s 39 definitions and s 49A for adults; s 72A for child respite providers); (2) widened statutory information‑sharing and overrides of confidentiality across multiple agencies to support child advocacy (s 84–93, s 22, s 140); (3) stronger enforcement tools and cost‑recovery powers (audit notices, penalties, orders to pay investigation costs — s 21, s 29); (4) expanded entry and inspection powers including limited warrants to enter private dwellings for children and adults and out‑of‑hours authorisations (s 61–66, s 63–65, s 67–68, s 45); (5) formalised contractorisation and delegation routes permitting external contractors to perform authorised child‑advocate functions, together with application of public‑sector accountability laws to contractors (s 106–108, s 107); and (6) a developed employment and suitability framework for community visitors and child advocacy officers including mandatory criminal‑history disclosure, ongoing reporting duties and criminal penalties for false or missing disclosures (s 119A–125, s 125A). These additions broaden the Act from oversight and advocacy into systemic regulation, inspection and inter‑agency information exchange, increasing the functions and the number of regulated entities and duties beyond the Act’s original, more focused protective remit (see s 5 for original purpose)."},"complexity_factors":["Large Act with many Parts and Subdivisions spanning adults and children, investigations, visitor programs, appointments and transitional provisions (40+ separate named sections excerpted)","Extensive cross-references to other Acts: Guardianship Act, Powers of Attorney Act, Child Protection Act, Mental Health Act, NDIS Act, Public Sector Act and multiple regulations","Numerous defined terms and changing meanings across parts (e.g. 'visitable site', 'consumer', 'funded adult participant', 'private dwelling house') with amendments inserted over time (see s 39, s 51)","Multiple conditional pathways and nested exceptions (for example information powers that override confidentiality but list specific exceptions — s 22, s 87, s 93, s 140)","Separate but overlapping regimes for adults and children (community visitors adult v child; child advocacy officers), each with distinct powers, entry and warrant rules (ch 3 pt 6; ch 4 pt 2)","Warrant procedures and enforcement chains linking administrative notices to Magistrates Court subpoenas and contempt powers (s 25–27, s 26, s 63–66)","Delegation and contracting provisions allowing the Public Guardian to delegate or authorise external contractors, with many statutory conditions and accountability rules applied to contractors (s 106–108, s 146)","Multiple penalty regimes with differing maximums and criminal exposure (from 10 to 200 penalty units and up to custodial terms for false disclosures — s 21, s 30, s 32, s 122, s 140, s 143)","Extensive transitional provisions carrying over functions and instruments from predecessor Acts and dealing with staged amendments (ch 7, many sections)","Procedural complexity around tribunal rights, access to documents and reviewable decisions with bespoke notice and access rules (s 130–133, s 131–133, s 132)"],"plain_english_summary":"**What this law does (straight away)\n\n- Establishes a Public Guardian office whose job is to promote and protect the rights and interests of two groups: (a) adults who lack capacity to make decisions about a particular matter, and (b) certain children and children staying at designated places called \"visitable sites\" (see section 5).  \n\n- Sets out the principles the Public Guardian and its officers must follow when acting for adults (linking to the Guardianship Act principles for decision-making and health care — s 6) and when acting for children (best interests of the child is paramount; other child-centred principles — s 7).  \n\n- Gives the Public Guardian a broad toolkit to investigate, supervise and, where necessary, intervene on behalf of adults and children. Key powers include:  \n  - giving advice and placing attorneys/guardians/administrators under supervision, and requiring financial management plans (s 18);  \n  - investigating complaints of neglect, exploitation or abuse and auditing records (s 19, 21);  \n  - requiring people and organisations to produce information, documents or statutory declarations and protecting those who provide information (s 22–24);  \n  - summoning witnesses, administering oaths and enforcing attendance via subpoenas and court powers (s 25–27);  \n  - imposing costs for frivolous requests and recovering investigation/audit costs from an attorney or administrator found at fault (s 29);  \n  - suspending an attorney’s powers for up to 3 months where the attorney appears incompetent and temporarily stepping into the role (personal matters: Public Guardian; financial matters: Public Trustee) (s 34–35);  \n  - applying for warrants to enter premises and remove an adult at immediate risk (s 36), and consenting to forensic examinations where adults cannot consent and no-one else is available (s 38).  \n\n- Creates \"community visitor\" programs — separate but related regimes for adults (chapter 3 part 6) and for children (chapter 4 part 2). Community visitors (and child advocacy officers):  \n  - regularly visit specified \"visitable sites\" (mental health inpatient services, forensic disability service, certain NDIS-funded residential/support settings and other prescribed places) (s 39, 40, 55);  \n  - inquire into and report on the adequacy, standard and restrictiveness of services and handle complaints, including referring matters to other regulators such as the NDIS Commissioner where appropriate (s 41, 56);  \n  - enter and inspect visitable sites (and, in child-specific cases, visitable homes) during normal hours without notice; in limited circumstances the Public Guardian can authorise entry outside normal hours for up to 2 hours (see s 44–45, 67–68, 61–66 for visitable homes and related warrant procedure s 63–65).  \n\n- Requires some NDIS providers to provide prescribed information to the Public Guardian (registered providers delivering certain classes of supports at visitable sites must provide information under regulations; see s 49A and s 72A for child-focused providers).  \n\n- Provides governance, staffing and appointment rules for the Public Guardian, community visitors and child advocacy officers, including eligibility, criminal-history disclosure and review processes for community visitors and child advocacy officers (s 94–116; criminal-history checks and disclosure regime in s 119A–125, 125A).  \n\n- Sets confidentiality and information‑sharing rules: the Public Guardian has statutory rights to information for investigations and child advocacy, and the Act both overrides some confidentiality protections for these purposes and imposes criminal penalties for improper disclosure (information powers s 22–24; child information exchange s 84–93; confidentiality protections and exceptions s 140–143).  \n\n- Gives parties rights to review Public Guardian decisions (tribunal review and appeal routes; e.g. supervision decisions, cost directions and decisions about suitability of community visitors) and establishes reporting and transparency obligations (annual report to Minister — s 126).  \n\nWhy this matters (official purpose, then practical mechanics and trade-offs)\n\n- The Act’s stated purpose is to create an independent statutory office to protect adults with impaired capacity and certain children (s 5). Mechanically, it does that by centralising investigative and advocacy powers in the Public Guardian, creating a visiting/inspection regime, and establishing legal levers (notices, audits, subpoenas, warrants) to get information and access (see chapters 3 & 4).  \n\n- Who pays and who decides: the State funds and appoints the Public Guardian (Governor in Council on Minister’s recommendation — s 94–99). The Public Guardian exercises discretionary powers day‑to‑day (investigations, authorisations to enter sites, delegations, contracts with external contractors — s 18, 20, 44, 106, 146). The tribunal provides an independent review path for affected persons (multiple review points across the Act).  \n\n- Immediate costs and compliance burdens fall on:  \n  - attorneys, guardians and administrators who must supply records, face audits, may be suspended and can be required to cover investigation costs if at fault (s 21, 34, 29);  \n  - visitable-site operators and some registered NDIS providers who must provide prescribed information and cooperate with community visitors (s 44, 49A, 72A);  \n  - carers and staff at visitable homes/sites who must allow access and assist visitors unless they have a reasonable excuse (s 44, 66, 67).  \n\n- Incentives, trade-offs and risks the Act creates:  \n  - Increased oversight raises the administrative burden for providers and attorneys (records, audits, information requests), which may increase operating costs for providers delivering NDIS-funded supports at visitable sites (see s 49A, s 72A).  \n  - The Act overrides some confidentiality and privilege protections for the purpose of investigations and child advocacy (s 22, s 87, s 93). There are statutory defences and protections for people who provide information in good faith (s 24, s 92), but tension remains between disclosure obligations and professional confidentiality.  \n  - The Public Guardian can authorise entries, require documents and summon witnesses (s 25, 44, 61, 67). Those powers strengthen the office’s fact-finding ability but create operational and privacy risks that require careful procedural safeguards and resourcing.  \n  - The Public Guardian can contract out certain child‑advocacy functions to external contractors (s 106–108). This enables scale or specialist capability, but shifts the need for oversight and creates new points where standard public‑sector accountability obligations must be applied to private contractors (the Act applies several public‑sector laws to contractors — s 107).  \n\nPractical implementation issues to watch (mechanics, costs and discretion)\n\n- Resourcing/Capacity: effective use of audit, visit and investigation powers requires trained staff, systems to manage confidential records and careful handoffs with other agencies (s 103–105, 126).  \n- Oversight of delegation/contracting: the Public Guardian may delegate wide powers and authorise external contractors (s 106, 146). The Act requires reviews of contractor performance (s 108) and applies transparency/anti‑corruption laws to contractors (s 107) — but oversight demands administrative capacity.  \n- Data-sharing and privacy compliance: the Act creates statutory exceptions to privacy/confidentiality to enable information flow between multiple agencies (s 22, 87, 90–93, 140). Implementing those exceptions will require clear protocols to manage risks and record‑keeping obligations.  \n- Impact on private providers: registered NDIS providers delivering certain supports at visitable sites are now obliged to provide prescribed information (s 49A); that creates an ongoing compliance cost and a statutory reporting pathway to the Public Guardian and, where applicable, to the NDIS Commissioner.  \n\nBottom line (mechanics, not policy): the Act centralises investigatory and advocacy powers in a single office, extends inspection and information‑gathering powers (including override of some confidentiality), creates statutory duties on certain providers (notably some NDIS providers), and establishes procedural safeguards (tribunal review, penalties for misuse, confidentiality offences and protections). The principal decision‑maker is the Public Guardian, with Ministerial/Governor‑in‑Council appointment and tribunal review for many decisions (see s 94–101, s 130–133)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":777},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2014 scope. The 2019 NDIS amendments added extensive provisions for National Disability Insurance Scheme participants, including new definitions of 'funded adult participant', 'specialist disability accommodation', and 'relevant class of supports'. The 2023 amendments introduced criminal history disclosure requirements, termination powers for community visitors, and further Public Sector Act integration. The community visitor program now covers NDIS-funded services, and information-sharing powers have been broadened to include NDIS agencies and commissioners."},"complexity_factors":["Multiple overlapping schemes for adults (guardianship, powers of attorney, community visitors) and children (child protection, community visitors, advocacy officers) with different rules","Extensive cross-referencing to other Acts including Guardianship and Administration Act 2000, Powers of Attorney Act 1998, Child Protection Act 1999, Mental Health Act 2016, NDIS legislation, and numerous others","Nested definitions and conditional triggers — e.g., 'relevant child' status depends on multiple overlapping court orders, interventions and agreements with exception clauses for transition periods","Complex entry powers with multiple pathways: consent, warrant, normal hours, outside normal hours (with 2-hour limits), and technology-based alternatives","Detailed procedural requirements for warrants, statutory declarations, acknowledgments of consent, and onus of proof provisions","Multiple confidentiality regimes with exceptions and exceptions to exceptions — including public interest disclosure, research purposes, and child safety overrides","Transitional provisions spanning three separate amending Acts with preserved rights, continued delegations, and converted appointments","Penalty units and criminal offences scattered throughout with varying maximums (10, 20, 40, 100, 200 penalty units; up to 2 years imprisonment)","Eligibility exclusions for community visitors covering employment relationships, pecuniary interests, and NDIS agency connections","Self-incrimination protections that are themselves subject to exceptions for falsity, employment proceedings, and professional registration matters"],"plain_english_summary":"This Act establishes the **Public Guardian** — an independent office that protects the rights and interests of two vulnerable groups in Queensland:\n\n**1. Adults with impaired decision-making capacity**\n- People who cannot make their own decisions about personal, health or financial matters due to disability, illness or injury\n- The Public Guardian can: investigate complaints of neglect, abuse or exploitation; supervise attorneys and guardians; suspend powers of attorney if misused; recover stolen property; and consent to forensic examinations\n\n**2. Children in the child protection system**\n- \"Relevant children\" — those under child protection orders, in foster care, or subject to child safety interventions\n- \"Children at visitable sites\" — those in residential care, detention centres, mental health facilities or other institutional settings\n- The Public Guardian runs **community visitor programs** where trained visitors inspect facilities, talk privately with children, investigate complaints, and advocate for their rights\n\n**Key protections:**\n- **Community visitors** can enter facilities unannounced, speak with children or adults privately, inspect documents, and report concerns\n- **Child advocacy officers** help children navigate the protection system and ensure their voices are heard\n- **Strict confidentiality** rules protect personal information, with criminal penalties for unauthorised disclosure\n- **Information-sharing powers** allow the Public Guardian to obtain records from government agencies, NDIS providers, health services and others\n\nThe Act also sets up the **office of the Public Guardian**, including appointment processes, staff, external contractors, and accountability through annual reporting.\n\n**Why it matters:** This legislation creates a watchdog with real teeth — powers to investigate, enter premises, demand documents, and take legal action — to stop vulnerable people from falling through the cracks of institutional systems."}},"importantCases":[],"_links":{"self":"/api/acts/public-guardian-act-2014","history":"/api/acts/public-guardian-act-2014/history","analysis":"/api/acts/public-guardian-act-2014/analysis","conflicts":"/api/acts/public-guardian-act-2014/conflicts","importantCases":"/api/acts/public-guardian-act-2014/important-cases","documents":"/api/acts/public-guardian-act-2014/documents"}}