NORTHERN TERRITORY OF AUSTRALIA
ADVANCE PERSONAL PLANNING REGULATIONS 2014
As in force at 1 July 2024
Table of provisions
1 Citation ............................................................................................ 1
2 Requirements for advance personal plan ........................................ 1
3 Authorised witnesses ....................................................................... 1
5 Record keeping requirements.......................................................... 2
6 Advance Personal Planning (Part 4A) Register ............................... 3
7 Notices............................................................................................. 3
8 Recognised interstate documents ................................................... 3
9 Exercise of rights and powers under recognised interstate
documents ....................................................................................... 3
10 Certified copies of advance personal plans ..................................... 3
Schedule Recognition of interstate documents
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2024
ADVANCE PERSONAL PLANNING REGULATIONS 2014
Regulations under the Advance Personal Planning Act 2013
1 Citation
These Regulations may be cited as the Advance Personal Planning
Regulations 2014.
2 Requirements for advance personal plan
(1) For section 9(2)(b) of the Act, an advance personal plan made by
an adult must contain the information required by this regulation.
(2) The advance personal plan must contain the adult's:
(a) full name; and
(b) date of birth; and
(c) residential address.
(3) If the advance personal plan appoints one or more decision
makers, it must contain each decision maker's:
(a) full name; and
(b) residential address; and
(c) phone number (if any); and
(d) email address (if any).
3 Authorised witnesses
(1) For section 10(5)(b) of the Act, each of the following is an
authorised witness:
(a) an accountant;
(b) the chief executive officer of a local government council;
Advance Personal Planning Regulations 2014 2
(c) a health practitioner;
(d) a social worker;
(e) the principal of a Northern Territory school.
(2) In this regulation:
accountant means one of the following:
(a) a member of the Institute of Chartered Accountants in
Australia who holds a current Certificate of Public Practice
issued by the Institute;
(b) a member of the CPA Australia who holds a current Public
Practice Certificate in accordance with the by-laws of CPA
Australia;
(ba) a member of the Institute of Public Accountants ACN 004 130
643 who holds a current Certificate of Professional Practice
issued by the Institute;
(c) a person who holds a current Public Practising Certificate
issued by the Association of Taxation and Management
Accountants;
(d) a registered tax agent;
(e) a person registered as an auditor under the Corporations
Act 2001.
health practitioner, see section 5 of the Health Practitioner
Regulation National Law.
principal, see section 5 of the Education Act 2015.
social worker means a person who is eligible for full membership
of the Australian Association of Social Workers.
5 Record keeping requirements
(1) For section 30(1)(b) of the Act, a decision maker must, at all times
while the decision maker has authority to exercise financial
management powers for the adult, keep complete and up–to–date
records of the adult's assets and liabilities.
(2) The records must include:
(a) sufficient information to identify each of the adult's assets and
liabilities; and
Advance Personal Planning Regulations 2014 3
(b) for each asset and liability, information related to:
(i) all dealings and transactions with the asset or liability;
and
(ii) the condition and management of the asset or liability;
and
(c) any other information reasonably necessary to demonstrate
that the adult's property and financial affairs are being
managed in accordance with the Act.
6 Advance Personal Planning (Part 4A) Register
For section 55C of the Act, the Registrar-General may register a
certified copy of the part of an advance personal plan that
authorises a decision maker to enter into a dealing in relation to
land.
7 Notices
A notice mentioned in section 55C(1)(c) or (d) of the Act must be:
(a) in a form approved by the Registrar-General; or
(b) if the Registrar-General has not approved a form, in writing.
8 Recognised interstate documents
(1) For the definition corresponding law in section 88(6) of the Act,
each law listed in the Schedule is a corresponding law.
(2) For the definition recognised interstate document in section 88(6)
of the Act, each document listed in the Schedule in respect of a
corresponding law is a recognised interstate document.
9 Exercise of rights and powers under recognised interstate
documents
For section 88(5) of the Act, a person appointed by a recognised
interstate document to make decisions for the maker of the
document cannot make a decision of a kind that a decision maker is
prohibited from making by section 24 of the Act or section 30 of the
Health Care Decision Making Act 2023.
10 Certified copies of advance personal plans
(1) A document purporting to be a copy of an advance personal plan is
taken to be a true copy of the plan if it is certified in accordance with
this regulation.
Advance Personal Planning Regulations 2014 4
(2) The last page of the document must be certified to the effect that
the document is a true and complete copy of the original advance
personal plan.
(3) Each other page must be certified to the effect that it is a true and
complete copy of the corresponding page of the original advance
personal plan.
(4) Certification must be made by one of the following:
(a) the adult who made the plan;
(b) a commissioner for oaths;
(c) a justice of the peace;
(d) a public notary within the meaning of the Public Notaries
Act 1992.
(5) A document purporting to be a copy of a certified copy of an
advance personal plan is also taken to be a true copy of the plan if
the document is certified under this regulation.
Schedule Recognition of interstate documents
Advance Personal Planning Regulations 2014 5
Schedule Recognition of interstate documents
regulation 8
Jurisdiction Corresponding law Recognised interstate
document
Australian Capital
Territory
Medical Treatment
(Health Directions)
Act 2006
Health direction
Powers of Attorney
Act 2006
Enduring power of
attorney
New South Wales Guardianship Act 1987 Appointment of
enduring guardian
Powers of Attorney
Act 2003
Enduring power of
attorney
Queensland Powers of Attorney
Act 1998
Advance health
directive
Enduring power of
attorney
South Australia Advance Care
Directives Act 2013
Advance care directive
Consent to Medical
Treatment and
Palliative Care
Act 1995
Anticipatory direction
Medical power of
attorney
Guardianship and
Administration Act 1993
Instrument appointing
enduring guardian
Powers of Attorney and
Agency Act 1984
Enduring power of
attorney
Tasmania Guardianship and
Administration Act 1995
Appointment of
enduring guardian
Powers of Attorney
Act 2000
Enduring power of
attorney
Victoria Powers of Attorney
Act 2014
Enduring power of
attorney
Schedule Recognition of interstate documents
Advance Personal Planning Regulations 2014 6
Medical Treatment
Act 1988 (repealed)
Refusal of treatment
certificate
Medical Treatment
Planning and Decisions
Act 2016
Advance care directive
Appointment of
appointed medical
treatment decision
maker
Western Australia Guardianship and
Administration Act 1990
Enduring power of
attorney
Enduring power of
guardianship
Advance Health
Directives
ENDNOTES
Advance Personal Planning Regulations 2014 7
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Advance Personal Planning Regulations (SL No. 4, 2014)
Notified 17 March 2014
Commenced 17 March 2014
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date 13 November 2014
Commenced 13 November 2014
Education Act 2015 (Act No. 28, 2015)
Assent date 10 December 2015
Commenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016;
rem: 1 January 2016 (s 2)
Advance Personal Planning Amendment Regulations 2016 (SL No. 8, 2016 )
Notified 27 April 2016
Commenced 27 April 2016
Advance Personal Planning Amendment Regulations 2020 (SL No. 26, 2020 )
Notified 5 August 2020
Commenced 5 August 2020
Health Care Decision Making Act 2023 (Act No. 19, 2023)
Assent date 17 August 2023
Commenced 1 July 2024 (Gaz G13, 20 June 2024, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3 and 10.
ENDNOTES
Advance Personal Planning Regulations 2014 8
4 LIST OF AMENDMENTS
r 3 amd Act No. 38, 2014, s 2; Act No. 28, 2015, s 195
r 4 rep Act No. 19, 2023, s 77
r 9 amd Act No. 19, 2023, s 78
sch amd No. 8, 2016, r 3; No. 26, 2020, r 4
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