QLDIn ForceAct
Guardianship and Administration Act 2000
sec.129Interim order
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### sec.129 Interim order
This section applies if the tribunal is satisfied, on reasonable grounds—
the adult concerned in an application has, or may have, impaired capacity for a matter; and
there is an immediate risk of harm to the health, welfare or property of the adult, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.
The tribunal may make an interim order in the proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act, including section 118 .
An interim order may not include consent to special health care.
An interim order has effect for the period specified in the order.
The maximum period that may be specified in an interim order is 3 months.
An interim order may be renewed, but only if the tribunal is satisfied there are exceptional circumstances justifying the renewal.
To exercise jurisdiction under subsection (6) , the tribunal must be constituted by a legal member.
s 129 amd 2003 No. 87 s 27 ; 2007 No. 37 s 78 ; 2009 No. 24 s 1453 ; 2019 No. 9 s 34
(sec.129-ssec.1) This section applies if the tribunal is satisfied, on reasonable grounds— the adult concerned in an application has, or may have, impaired capacity for a matter; and there is an immediate risk of harm to the health, welfare or property of the adult, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.
(sec.129-ssec.2) The tribunal may make an interim order in the proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act, including section 118 .
(sec.129-ssec.3) An interim order may not include consent to special health care.
(sec.129-ssec.4) An interim order has effect for the period specified in the order.
(sec.129-ssec.5) The maximum period that may be specified in an interim order is 3 months.
(sec.129-ssec.6) An interim order may be renewed, but only if the tribunal is satisfied there are exceptional circumstances justifying the renewal.
(sec.129-ssec.7) To exercise jurisdiction under subsection (6) , the tribunal must be constituted by a legal member.
- (a) the adult concerned in an application has, or may have, impaired capacity for a matter; and
- (b) there is an immediate risk of harm to the health, welfare or property of the adult, including because of the risk of abuse, exploitation or neglect of, or self-neglect by, the adult.