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Guardianship and Administration Act 2000
sec.138Advice, directions and recommendations
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### sec.138 Advice, directions and recommendations
Once an application about a matter has been made to the tribunal, the tribunal may—
give advice or directions about the matter it considers appropriate; or
make recommendations it considers appropriate about action an active party should take.
For disobeying a direction of the tribunal, see the QCAT Act , section 213 (1) .
If the tribunal gives advice or a direction or makes a recommendation, it may also—
continue with the application; or
adjourn the application.
The tribunal may also give leave for an active party to apply to the tribunal for directions about implementing the recommendation.
A guardian, administrator or attorney who acts under the tribunal’s advice, directions or recommendations is taken to have complied with this Act or the Powers of Attorney Act 1998 unless the person knowingly gave the tribunal false or misleading information relevant to the tribunal’s advice, directions or recommendations.
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.
power of attorney means—
a general power of attorney made under the Powers of Attorney Act 1998 ; or
an enduring power of attorney; or
a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.
s 138 amd 2003 No. 87 s 29 ; 2008 No. 54 s 12 ; 2009 No. 24 s 1458
(sec.138-ssec.1) Once an application about a matter has been made to the tribunal, the tribunal may— give advice or directions about the matter it considers appropriate; or make recommendations it considers appropriate about action an active party should take. For disobeying a direction of the tribunal, see the QCAT Act , section 213 (1) .
(sec.138-ssec.2) If the tribunal gives advice or a direction or makes a recommendation, it may also— continue with the application; or adjourn the application.
(sec.138-ssec.3) The tribunal may also give leave for an active party to apply to the tribunal for directions about implementing the recommendation.
(sec.138-ssec.4) A guardian, administrator or attorney who acts under the tribunal’s advice, directions or recommendations is taken to have complied with this Act or the Powers of Attorney Act 1998 unless the person knowingly gave the tribunal false or misleading information relevant to the tribunal’s advice, directions or recommendations.
(sec.138-ssec.5) 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. power of attorney means— a general power of attorney made under the Powers of Attorney Act 1998 ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.
- (a) give advice or directions about the matter it considers appropriate; or
- (b) make recommendations it considers appropriate about action an active party should take.
- (a) continue with the application; or
- (b) adjourn the application.
- (a) an attorney under a power of attorney; or
- (b) an attorney under an advance health directive; or
- (c) a statutory health attorney.
- (a) a general power of attorney made under the Powers of Attorney Act 1998 ; or
- (b) an enduring power of attorney; or
- (c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement.