QLDIn ForceAct
Guardianship and Administration Act 2000
sec.80ZDAppointment
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### sec.80ZD Appointment
The tribunal may, by order, appoint a guardian for a restrictive practice matter for an adult if the tribunal is satisfied—
the adult has impaired capacity for the matter; and
the adult’s behaviour has previously resulted in harm to the adult or others; and
there is a need for a decision about the matter; and
without the appointment—
the adult’s behaviour is likely to cause harm to the adult or others; and
the adult’s interests will not be adequately protected.
The appointment may be on terms considered appropriate by the tribunal.
The appointment has effect for the period stated in the order.
The period for which the appointment has effect must not be more than 2 years from the day the order is made.
Subsections (3) and (4) apply subject to sections 26 and 31 .
The tribunal may make the appointment on its own initiative, or on an application under section 80ZP .
This section does not limit the application of chapter 3 to the appointment.
s 80ZD ins 2008 No. 23 s 22
amd 2014 No. 5 s 43
(sec.80ZD-ssec.1) The tribunal may, by order, appoint a guardian for a restrictive practice matter for an adult if the tribunal is satisfied— the adult has impaired capacity for the matter; and the adult’s behaviour has previously resulted in harm to the adult or others; and there is a need for a decision about the matter; and without the appointment— the adult’s behaviour is likely to cause harm to the adult or others; and the adult’s interests will not be adequately protected.
(sec.80ZD-ssec.2) The appointment may be on terms considered appropriate by the tribunal.
(sec.80ZD-ssec.3) The appointment has effect for the period stated in the order.
(sec.80ZD-ssec.4) The period for which the appointment has effect must not be more than 2 years from the day the order is made.
(sec.80ZD-ssec.5) Subsections (3) and (4) apply subject to sections 26 and 31 .
(sec.80ZD-ssec.6) The tribunal may make the appointment on its own initiative, or on an application under section 80ZP .
(sec.80ZD-ssec.7) This section does not limit the application of chapter 3 to the appointment.
- (a) the adult has impaired capacity for the matter; and
- (b) the adult’s behaviour has previously resulted in harm to the adult or others; and
- (c) there is a need for a decision about the matter; and
- (d) without the appointment— (i) the adult’s behaviour is likely to cause harm to the adult or others; and (ii) the adult’s interests will not be adequately protected.
- (i) the adult’s behaviour is likely to cause harm to the adult or others; and
- (ii) the adult’s interests will not be adequately protected.
- (i) the adult’s behaviour is likely to cause harm to the adult or others; and
- (ii) the adult’s interests will not be adequately protected.