sec.13AAdvance appointment—guardian for restrictive practice matter

### sec.13A Advance appointment—guardian for restrictive practice matter The tribunal may, by order, make an appointment of a guardian for a restrictive practice matter under chapter 5B for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied— there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and the individual’s behaviour has previously resulted in harm to the individual or others; and there is a reasonable likelihood, when the individual turns 18— there will be a need for a decision about the restrictive practice matter; and without the appointment— the individual’s behaviour is likely to cause harm to the individual or others; and the individual’s interests would not be adequately protected. This Act applies, with necessary changes, to an appointment under this section. The appointment begins when the individual turns 18. The appointment ends— on the day ordered by the tribunal, which must not be later than the day the individual turns 19; or if no day is ordered by the tribunal—when the individual turns 19. The appointment may be on terms considered appropriate by the tribunal. The tribunal may make the order on its own initiative or on the application of any of the following— the individual; an interested person for the individual; a relevant service provider; the chief executive (disability services); the public guardian; if the individual is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist. s 13A ins 2008 No. 23 s 17 amd 2014 No. 26 s 240 (1) ; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1 (sec.13A-ssec.1) The tribunal may, by order, make an appointment of a guardian for a restrictive practice matter under chapter 5B for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied— there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and the individual’s behaviour has previously resulted in harm to the individual or others; and there is a reasonable likelihood, when the individual turns 18— there will be a need for a decision about the restrictive practice matter; and without the appointment— the individual’s behaviour is likely to cause harm to the individual or others; and the individual’s interests would not be adequately protected. (sec.13A-ssec.2) This Act applies, with necessary changes, to an appointment under this section. (sec.13A-ssec.3) The appointment begins when the individual turns 18. (sec.13A-ssec.4) The appointment ends— on the day ordered by the tribunal, which must not be later than the day the individual turns 19; or if no day is ordered by the tribunal—when the individual turns 19. (sec.13A-ssec.5) The appointment may be on terms considered appropriate by the tribunal. (sec.13A-ssec.6) The tribunal may make the order on its own initiative or on the application of any of the following— the individual; an interested person for the individual; a relevant service provider; the chief executive (disability services); the public guardian; if the individual is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist. - (a) there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and - (b) the individual’s behaviour has previously resulted in harm to the individual or others; and - (c) there is a reasonable likelihood, when the individual turns 18— (i) there will be a need for a decision about the restrictive practice matter; and (ii) without the appointment— (A) the individual’s behaviour is likely to cause harm to the individual or others; and (B) the individual’s interests would not be adequately protected. - (i) there will be a need for a decision about the restrictive practice matter; and - (ii) without the appointment— (A) the individual’s behaviour is likely to cause harm to the individual or others; and (B) the individual’s interests would not be adequately protected. - (A) the individual’s behaviour is likely to cause harm to the individual or others; and - (B) the individual’s interests would not be adequately protected. - (i) there will be a need for a decision about the restrictive practice matter; and - (ii) without the appointment— (A) the individual’s behaviour is likely to cause harm to the individual or others; and (B) the individual’s interests would not be adequately protected. - (A) the individual’s behaviour is likely to cause harm to the individual or others; and - (B) the individual’s interests would not be adequately protected. - (A) the individual’s behaviour is likely to cause harm to the individual or others; and - (B) the individual’s interests would not be adequately protected. - (a) on the day ordered by the tribunal, which must not be later than the day the individual turns 19; or - (b) if no day is ordered by the tribunal—when the individual turns 19. - (a) the individual; - (b) an interested person for the individual; - (c) a relevant service provider; - (d) the chief executive (disability services); - (e) the public guardian; - (f) if the individual is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the chief psychiatrist.