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Guardianship of Adults Act 2016
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NORTHERN TERRITORY OF AUSTRALIA
GUARDIANSHIP OF ADULTS ACT 2016
As in force at 1 July 2024
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Guardianship principles ................................................................... 4
5 Meaning of decision-making capacity .............................................. 6
5A Meaning of impaired decision-making capacity ............................... 7
5B Health Care Decision Making Act 2023 ........................................... 8
6 Meaning of reasonably believes ...................................................... 8
7 Meaning of relative .......................................................................... 9
9 Application of Criminal Code ........................................................... 9
Part 2 Guardianship
Division 1 Applications
10 Application for guardianship order ................................................. 10
Division 2 Appointment of guardian
11 When Tribunal may make guardianship order ............................... 10
12 Appointment in advance for young person .................................... 11
13 Who may be appointed .................................................................. 11
14 Number of guardians ..................................................................... 12
15 Eligibility for appointment ............................................................... 12
16 Scope of authority.......................................................................... 13
17 Restrictions, requirements and directions ...................................... 13
18 Order if adult has advance personal plan or enduring power of
attorney.......................................................................................... 14
19 Reassessment and expiry dates.................................................... 14
20 When Tribunal may make interim guardianship order ................... 15
Division 3 Authority of guardian
21 Authority of guardian ..................................................................... 16
22 Exercise of authority by guardian .................................................. 16
23 Health care decisions .................................................................... 16
24 Excluded matters ........................................................................... 17
25 Effect of exercise of authority by guardian ..................................... 17
Guardianship of Adults Act 2016 ii
Division 4 Specific powers and duties
26 Right to documents and information .............................................. 18
27 Information and things may be given to guardian .......................... 18
28 Record keeping and reporting requirements.................................. 19
29 Property to be managed as if trust property................................... 19
30 Gifts ............................................................................................... 20
31 Maintenance of dependants .......................................................... 20
32 Asset management planning ......................................................... 21
Division 5 Orders about exercise of authority
33 Orders to guardians ....................................................................... 21
34 Orders to former guardian ............................................................. 22
Division 6 Orders about represented adult's compliance
35 Represented adult to comply with guardian's decisions ................ 23
Division 6A Certain orders taken to be instruments for
Land Title Act 2000
35A Certain orders taken to be instruments for Land Title Act 2000 ..... 24
Division 7 Reassessment and variation of guardianship
orders
36 Guardianship order to be reassessed ............................................ 24
37 Matters to be considered on reassessment ................................... 24
38 Outcome of reassessment ............................................................. 24
39 Variation or revocation of guardianship order ................................ 25
Division 8 Duration of orders and appointment
40 Duration of guardianship order ...................................................... 25
41 When appointment of guardian ends ............................................. 25
42 Notification requirements ............................................................... 26
43 Effect of appointment of joint guardians for matter ceasing ........... 26
44 Effect of appointment of sole guardian for matter ceasing ............. 27
45 Guardian temporarily unable to act................................................ 27
46 Registrar to update guardianship order ......................................... 27
Division 9 Reimbursement and remuneration
47 Reimbursement of expenses ......................................................... 28
48 Remuneration for professional guardian ........................................ 28
49 Reimbursement and remuneration for other services provided
by guardian to represented adult ................................................... 29
Guardianship of Adults Act 2016 iii
Division 10 Miscellaneous matters about guardians
50 Guardian unaware of extent of authority ........................................ 29
51 Protection for guardian in financial matters ................................... 30
52 Tribunal unaware of advance personal plan or enduring power
of attorney when making guardianship order ................................. 30
Part 3 Interstate orders
Division 1 Preliminary matters
53 Definitions ...................................................................................... 31
Division 2 Registration of interstate orders
54 Tribunal may register interstate order ............................................ 31
55 Duration of registration .................................................................. 32
56 Effect of registered order ............................................................... 32
57 Application of Act to registered order............................................. 32
58 Notification of tribunal or other body in other jurisdiction ............... 33
Division 3 Administrative matters
59 Minister to make arrangements ..................................................... 33
Part 4 Public Guardian
Division 1 Establishment and functions
60 Public Guardian ............................................................................. 33
61 Functions ....................................................................................... 33
62 Compliance with guardianship principles ....................................... 35
63 Independence ................................................................................ 35
Division 2 Public Guardian's powers
64 General powers ............................................................................. 35
65 Information gathering power .......................................................... 35
66 Obtaining health assessment ........................................................ 36
67 Health assessment order ............................................................... 36
Division 3 Appointment provisions
68 Appointment of Public Guardian .................................................... 37
69 Term of appointment ..................................................................... 38
70 Conditions of appointment ............................................................. 38
71 Resignation.................................................................................... 38
Guardianship of Adults Act 2016 iv
Division 4 Administrative matters
72 Delegation ..................................................................................... 38
73 Staff and facilities for Public Guardian ........................................... 38
74 Annual report ................................................................................. 38
75 Protection from liability .................................................................. 39
Part 5 Civil and Administrative Tribunal
Division 1 Preliminary matters
76 Definitions ...................................................................................... 40
Division 2 Jurisdiction of Tribunal
77 Jurisdiction of Tribunal ................................................................... 40
78 Tribunal to act in accordance with guardianship principles............ 40
Division 3 General matters about proceedings
79 How proceedings to be commenced ............................................. 40
80 Proceedings not open to public ..................................................... 41
81 Parties ........................................................................................... 41
82 Representation .............................................................................. 42
83 Public Guardian to ensure information is presented ...................... 42
84 Reasons may be given orally......................................................... 42
85 No fees .......................................................................................... 42
Part 6 Enforcement
Division 1 Offences
86 Falsely representing to be guardian .............................................. 43
87 Improper exercise of authority by guardian.................................... 43
88 Inducing guardian to exercise authority improperly ....................... 44
89 Misleading information ................................................................... 44
90 Unauthorised publication of Tribunal proceedings ......................... 46
91 Unauthorised disclosure of confidential information ...................... 46
92 Transfer of authority or estate by former guardian......................... 47
93 Alternative verdicts ........................................................................ 47
Division 2 Consequences of finding of guilt
94 Termination of appointment as guardian and disqualification ........ 48
95 Payment of compensation for loss................................................. 48
Division 3 Legal proceedings
96 Who may commence prosecution ................................................. 49
Guardianship of Adults Act 2016 v
97 Time for commencing prosecution................................................. 49
Part 7 Miscellaneous matters
98 Regulations.................................................................................... 49
Part 8 Repeal and transitional matters
Division 1 Repeal
99 Act repealed .................................................................................. 49
Division 2 Transitional matters for Guardianship of
Adults Act 2016
100 Definitions ...................................................................................... 50
101 Existing guardianship orders continue ........................................... 50
102 Pending applications for guardianship order ................................. 51
103 Pending reviews ............................................................................ 51
104 Other applications.......................................................................... 52
Division 3 Transitional matters for Advance Personal
Planning Amendment Act 2016
104A Definitions ...................................................................................... 52
104B Existing protection orders continue................................................ 52
104C Pending applications for protection order ...................................... 53
104D Other applications.......................................................................... 53
Division 4 Transitional matters for Health Care Decision
Making Act 2023
105 Consent decision about health care .............................................. 54
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 July 2024
____________________
GUARDIANSHIP OF ADULTS ACT 2016
An Act to provide for the guardianship of adults, and for related
purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Guardianship of Adults Act 2016.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
advance personal plan, see section 8 of the Advance Personal
Planning Act 2013.
agent, for an adult, means any of the following:
(a) a guardian for the adult;
(b) an APP decision maker for the adult;
(c) if the adult is the donor of an enduring power of attorney – the
donee of the power;
(d) a health care decision maker with authority under the Health
Care Decision Making Act 2023.
APP decision maker means a decision maker as defined in
section 3 of the Advance Personal Planning Act 2013.
authority, of a guardian, means a power or function of the
guardian.
Part 1 Preliminary matters
Guardianship of Adults Act 2016 2
best interests, of an adult, means the adult's best interests as
determined in accordance with section 4(3).
consent decision, about health care action, means a decision to
give or refuse consent for the taking of the health care action.
corresponding law, for Part 3, see section 53.
decision-making capacity, see section 5(1).
enduring power of attorney means an enduring power as defined
in section 5 of the Powers of Attorney Act 1980.
exercise, in relation to an authority, means to exercise a power or
perform a function, including deciding whether or not to do so.
financial matter, for an adult, means a matter relating to the adult's
property or financial affairs.
Examples for definition financial matter
1 Receipt and payment of money.
2 Banking.
3 Property (including real estate) ownership.
4 Investment and management of assets.
5 Carrying on a trade or business.
6 Insurance for an adult or the adult's property.
7 Legal matters relating to a financial matter, other than as mentioned in
section 24(e).
guardian means:
(a) a person appointed as a guardian for an adult under a
guardianship order; or
(b) the Public Guardian when the Public Guardian is a guardian
for an adult under section 44 or 45.
guardianship order means one of the following:
(a) an order made under section 11;
(b) an interim guardianship order made under section 20;
(c) a registered order.
guardianship principles, see section 4.
health care, see section 6 of the Health Care Decision Making
Act 2023.
Part 1 Preliminary matters
Guardianship of Adults Act 2016 3
health care action, for an adult, means commencing, continuing,
withholding or withdrawing health care for the adult.
health care decision, see section 7 of the Health Care Decision
Making Act 2023.
health care provider, see section 4 of the Health Care Decision
Making Act 2023.
impaired decision-making capacity, see section 5A.
interested person, for an adult, means any of the following:
(a) a relative of the adult;
(b) a guardian for the adult;
(c) the Public Guardian;
(d) the Public Trustee;
(e) an agent for the adult;
(f) a person who is primarily responsible for providing support or
care to the adult;
(g) any other person who has a genuine and sufficient interest in
protecting the adult's best interests.
interstate order, for Part 3, see section 53.
personal matter, for an adult, means a matter relating to the adult's
personal affairs (including health care) or lifestyle.
Examples for definition personal matter
1 Accommodation.
2 Health care.
3 The provision of care services to the adult.
4 Employment.
5 Education and training.
6 Day-to-day living matters, such as diet and daily activities.
7 Relationships with other people, including decisions about who may or
may not visit the adult.
8 Legal matters relating to a personal matter, other than as mentioned in
section 24(e).
proceedings, for Part 5, see section 76.
Part 1 Preliminary matters
Guardianship of Adults Act 2016 4
Public Guardian means the Public Guardian mentioned in
section 60.
publication, for Part 5, see section 76.
reasonably believes, see section 6.
registered order, for Part 3, see section 53.
Registrar, see section 3 of the Northern Territory Civil and
Administrative Tribunal Act 2014.
relative, of an adult, see section 7.
represented adult means an adult for whom a guardianship order
is in force.
Tribunal means the Civil and Administrative Tribunal.
Tribunal Act, for Part 5, see section 76.
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
4 Guardianship principles
(1) A person or the Tribunal (the decision maker) exercising authority
under this Act in relation to an adult must exercise that authority in
accordance with the requirements described in this section (the
guardianship principles).
(1A) The guardianship principles in this section do not apply in relation to
health care or consent decisions about health care action.
(2) The decision maker must exercise the decision maker's authority in
the way that the decision maker reasonably believes is in the adult's
best interests.
(3) In determining what is in the adult's best interests, the decision
maker must:
(a) seek to obtain the adult's current views and wishes, as far as it
is practicable to do so; and
(b) take into account all relevant considerations; and
(c) weigh up the relevant considerations, giving each of them the
weight that the decision maker reasonably believes is
appropriate in the circumstances.
Part 1 Preliminary matters
Guardianship of Adults Act 2016 5
(4) In determining what is appropriate in the circumstances, the
decision maker must ensure that the decision maker's authority is
exercised in a way that:
(a) is the least restrictive of the adult's freedom of decision and
action as is practicable; and
(b) provides the adult with as much support as is practicable to
make the adult's own decisions.
(5) For subsection (3)(b), the relevant considerations include, but are
not limited to, the following:
(a) the adult's current views and wishes and previously stated
views and wishes;
(b) any views and wishes stated by an interested person for the
adult;
(c) maintenance of the adult's freedom of decision and action to
the greatest extent practicable;
(d) the ability of the adult to be as independent as is practicable;
(e) protection of the adult from harm, neglect, abuse and
exploitation;
(f) the provision to the adult of appropriate care, including health
care;
(g) promotion of the adult's happiness, enjoyment of life and
wellbeing;
(h) the ability of the adult to achieve the adult's maximum
physical, social, emotional and intellectual potential;
(i) the ability of the adult to live in the general community and
take part in community activities;
(j) maintenance of the adult's right to be treated with dignity and
respect;
(k) the ability of the adult to maintain the adult's preferred living
environment and lifestyle;
(l) maintenance or creation of a support network for the adult;
(m) protection of the adult's property and financial resources from
loss, damage or misuse;
Part 1 Preliminary matters
Guardianship of Adults Act 2016 6
(n) protection of the adult's right to confidentiality of information
about the adult.
(6) Subsection (2) does not prevent a decision maker from exercising
authority under this Act in relation to an adult in a way that may be
beneficial to another person if:
(a) the benefit to the other person is of a kind that the adult:
(i) provided when the adult had decision-making capacity
for the matter; or
(ii) might reasonably be expected to provide; and
(b) the benefit being provided to the other person:
(i) is reasonable in the circumstances; and
(ii) will not significantly adversely affect the adult's best
interests.
Examples for subsection (6)
1 It may be appropriate for a guardian to make provision out of the adult's
money for educational expenses for the adult's children, even though that
is not directly for the benefit of the adult and will mean that the money is
not available to pay for the adult's own expenses.
2 It may be appropriate for the Tribunal to consent to the adult donating bone
marrow to treat the adult's child who has leukaemia, even though doing so
may involve some risk to the adult.
(7) Despite subsection (2), if the adult has made an advance care
statement (as defined in section 3 of the Advance Personal
Planning Act 2013), the decision maker must exercise the decision
maker's authority under this Act so as to give effect to the statement
even if doing so is not in adult's best interests, unless:
(a) the adult, having capacity to do so, states that the adult does
not want that statement to be given effect; or
(b) a circumstance mentioned in section 23(1) or (2) of the
Advance Personal Planning Act 2013 exists.
5 Meaning of decision-making capacity
(1) An adult has decision-making capacity in relation to personal
matters and financial matters if the adult does not have impaired
decision-making capacity in relation to those matters.
(2) An adult is presumed to have decision-making capacity until the
contrary is shown.
Part 1 Preliminary matters
Guardianship of Adults Act 2016 7
5A Meaning of impaired decision-making capacity
(1) An adult has impaired decision-making capacity in relation to a
personal matter or financial matter if the adult's capacity to make a
decision in relation to the matter is impaired.
(2) An impairment in any of the following is relevant in determining
whether an adult's capacity to make a decision is impaired:
(a) understanding and retaining information relevant to the
decision;
(b) weighing information relevant to the decision in order to make
the decision;
(c) communicating the decision in some way;
(d) understanding the effect of the decision.
(3) For subsection (2)(a), an adult is taken to understand information
relevant to a decision if the adult understands an explanation of the
information given to the adult in a way that is appropriate to the
adult's circumstances, whether by using modified language, visual
aids or other means.
(4) For subsection (2)(c), an adult is taken to communicate a decision if
the adult communicates the decision in a way that is appropriate to
the adult's circumstances, whether by using modified language,
visual aids or other means.
(5) An adult may have impaired decision-making capacity in relation to
some matters and not others.
(6) The degree to which an adult has impaired decision-making
capacity may vary over time.
(7) The cause of the impairment of the decision-making capacity is
immaterial.
(8) An adult does not have impaired decision-making capacity merely
because the adult:
(a) has a disability, illness or other medical condition, whether
physical or mental; or
(b) requires the use of practicable and appropriate support,
including additional time for explanation, modified language,
visual or technological aids or other means of communication;
or
Part 1 Preliminary matters
Guardianship of Adults Act 2016 8
(c) engages in unconventional behaviour or other form of
personal expression; or
(d) chooses a living environment or lifestyle with which other
people do not agree; or
(e) makes decisions with which other people do not agree; or
(f) does not have a particular level of fluency in English; or
(g) does not have a particular level of literacy or education; or
(h) engages in particular cultural or religious practices; or
(i) does or does not express a particular religious, political or
moral opinion; or
(j) is of a particular sexual orientation, gender identity or
expresses particular sexual preferences; or
(k) takes or took, or is or was dependent on, alcohol or drugs,
unless the alcohol or drugs are causing actual impairment in
relation to the decision; or
(l) engages or engaged in illegal or immoral conduct.
Examples for subsection (8)(b)
1 Using information or formats tailored to the particular needs of the adult.
2 Communicating or assisting a person to communicate the adult's decision.
3 Giving a person additional time and discussing the matter with the adult.
4 Using technology that alleviates the effects of the adult's disability.
5B Health Care Decision Making Act 2023
This Act is subject to the Health Care Decision Making Act 2023
and if a provision of this Act is inconsistent with that Act, that Act
prevails to the extent of the inconsistency.
6 Meaning of reasonably believes
(1) A person reasonably believes something at a particular time if the
person has grounds at the time for believing that thing and those
grounds, when judged objectively, are reasonable.
(2) The reasonableness of the belief is not affected by the grounds
subsequently being found to be false or non-existent.
Part 1 Preliminary matters
Guardianship of Adults Act 2016 9
(3) A belief held by a health care provider in relation to health care
action is not reasonable unless it is consistent with the generally
accepted standards of good professional practice of members of
the health care provider's profession.
7 Meaning of relative
(1) Each of the following is a relative of an adult:
(a) a spouse or de facto partner;
(b) a child;
(c) a stepchild;
(d) a parent;
(e) a foster parent;
(f) a brother or sister;
(g) a grandparent;
(h) an uncle or aunt;
(i) a nephew or niece;
(j) a person who is related to the adult in accordance with
customary law or tradition (including Aboriginal customary law
or tradition).
(2) For subsection (1)(f), a brother or sister of an adult includes:
(a) a half-brother or half-sister; and
(b) a person who was adopted by one or both of the adult's
parents.
9 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 9
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Guardianship
Division 2 Appointment of guardian
Guardianship of Adults Act 2016 10
Part 2 Guardianship
Division 1 Applications
10 Application for guardianship order
An application may be made to the Tribunal for a guardianship
order for an adult by:
(a) the adult; or
(b) an interested person for the adult.
Division 2 Appointment of guardian
11 When Tribunal may make guardianship order
(1) The Tribunal may make an order appointing a guardian for an adult
if satisfied that:
(a) the adult has impaired decision-making capacity; and
(b) the effect of the impairment is that, for some or all personal
matters or financial matters, the adult is unable to exercise
decision-making capacity; and
(c) the adult is in need of a guardian for some or all of those
matters.
(2) In determining whether an adult is in need of a guardian, the
Tribunal must take the following into account:
(a) the nature and extent of the impairment of the adult's
decision-making capacity, including:
(i) whether the impairment is continuous or episodic; and
(ii) whether the impairment is likely to be permanent or, if
not, the likely duration of the impairment; and
(iii) the matters for which the adult's decision-making
capacity is impaired;
(b) whether the adult already has an agent with authority for the
matters for which the adult's decision-making capacity is
impaired;
(c) any views and wishes stated by an interested person for the
adult;
Part 2 Guardianship
Division 2 Appointment of guardian
Guardianship of Adults Act 2016 11
(d) the desirability of preserving existing family relationships and
other relationships that are important to the adult;
(e) whether the adult's needs could be adequately provided for in
a way that is less restrictive of the adult's freedom of decision
and action than appointing a guardian.
(3) The Tribunal must make a guardianship order on the terms the
Tribunal considers appropriate.
12 Appointment in advance for young person
(1) The Tribunal may make a guardianship order for an individual who
is at least 17 years of age but has not turned 18 (a young person)
if the Tribunal is reasonably satisfied that, when the young person
turns 18, they will satisfy the criteria mentioned in section 11(1).
(2) However, the order has no effect until the young person turns 18.
(3) This Act applies in relation to the order and an application for the
order as if a reference in this Act to an adult included a reference to
the young person.
13 Who may be appointed
(1) The Tribunal may appoint any of the following as a guardian:
(a) an individual who, under section 15, is eligible for
appointment;
(b) the Public Guardian;
(c) the Public Trustee.
(2) The Tribunal may appoint the Public Guardian only if there is no
individual who is eligible for appointment under section 15.
(3) The Tribunal may appoint the Public Trustee only if:
(a) there is no individual who is eligible for appointment under
section 15; and
(b) the authority of the Public Trustee under the order is limited to
financial matters; and
(c) the Public Trustee agrees to the appointment.
(4) This section does not prevent the Public Guardian or Public Trustee
from being appointed as one of 2 or more guardians for an adult
under section 14.
Part 2 Guardianship
Division 2 Appointment of guardian
Guardianship of Adults Act 2016 12
14 Number of guardians
(1) The Tribunal may appoint one guardian, or 2 or more guardians, for
an adult.
(2) If the Tribunal appoints 2 or more guardians for an adult, they may
be appointed jointly, severally or jointly and severally.
(3) Two or more guardians are appointed jointly unless the Tribunal
provides otherwise.
15 Eligibility for appointment
(1) An individual is eligible for appointment as a guardian for an adult
under section 13 if:
(a) the individual:
(i) is at least 18 years of age; and
(ii) consents to the appointment; and
(b) the Tribunal is satisfied the individual is suitable to be a
guardian for the adult.
(2) In determining an individual's suitability to be a guardian for the
adult, the Tribunal must take the following into account:
(a) whether the individual is likely to comply with this Act;
(b) the individual's ability to properly exercise the authority of a
guardian;
(c) the views and wishes of the adult;
(d) the desirability of preserving any existing support network for
the adult;
(e) the compatibility of the individual with:
(i) the adult; and
(ii) any other person also proposed to be appointed as a
guardian for the adult; and
(iii) any other agent for the adult;
(f) the individual's availability and accessibility to the adult and to
other interested persons for the adult;
Part 2 Guardianship
Division 2 Appointment of guardian
Guardianship of Adults Act 2016 13
(g) whether the individual has, or has had, a professional
relationship with the adult, the nature of that relationship and
whether it is appropriate for an individual with that relationship
to be the adult's guardian;
(h) the extent to which the individual's interests are likely to
conflict with the adult's interests;
(i) the individual's history and experience as a guardian or in a
similar role in the Territory or elsewhere;
(j) if it is proposed that the individual will have authority for
financial matters – the individual's bankruptcy history (if any);
(k) the individual's criminal history (if any) in the Territory or
elsewhere;
(l) any other matter the Tribunal considers relevant.
Examples for subsection (2)(g)
A professional relationship with the adult may include being the adult's doctor or
financial advisor, or the manager of the nursing home where the adult lives.
16 Scope of authority
(1) The Tribunal must specify in a guardianship order the personal
matters or financial matters, or both personal matters and financial
matters, for which the guardian has authority.
(2) If 2 or more guardians are appointed, the Tribunal may specify
different matters for which different guardians have authority.
17 Restrictions, requirements and directions
(1) The Tribunal may do one or more of the following in a guardianship
order, as the Tribunal considers appropriate:
(a) impose restrictions on the guardian's authority;
(b) impose requirements to be complied with by the guardian in
relation to the exercise of the guardian's authority;
(c) give directions to the guardian about the exercise of the
guardian's authority.
(2) If 2 or more guardians are appointed, the Tribunal may make
different provision under subsection (1) for different guardians.
Part 2 Guardianship
Division 2 Appointment of guardian
Guardianship of Adults Act 2016 14
18 Order if adult has advance personal plan or enduring power of
attorney
(1) This section applies if the adult who is the subject of an application
for a guardianship order has an advance personal plan or is the
donor of an enduring power of attorney.
(2) The Tribunal must take the advance personal plan or enduring
power of attorney into account in determining:
(a) whether the adult is in need of a guardian; and
(b) whether to make a guardianship order; and
(c) if a guardianship order is to be made – the terms of the order.
(3) The Tribunal must not make a guardianship order that confers on
the guardian authority for a matter for which a relevant agent has
authority.
Note for subsection (3)
If a relevant agent has authority for a matter and the Tribunal considers the
authority ought to be conferred on a guardian, the advance personal plan or
enduring power of attorney might be amended to limit the authority of the other
agent. See section 61 of the Advance Personal Planning Act 2013 or section 15
of the Powers of Attorney Act 1980.
(4) In this section:
relevant agent means:
(a) if the adult has an advance personal plan – an APP decision
maker appointed by the plan; or
(b) if the adult is the donor of an enduring power of attorney – the
donee of the power.
19 Reassessment and expiry dates
(1) In a guardianship order, the Tribunal:
(a) must specify a reassessment date for section 36; and
(b) may specify an expiry date as mentioned in section 40(b)(i).
(2) However, a reassessment date is not required if the order will
expire earlier than 1 year after it is made.
Part 2 Guardianship
Division 2 Appointment of guardian
Guardianship of Adults Act 2016 15
20 When Tribunal may make interim guardianship order
(1) This section applies if an application has been made for a
guardianship order for an adult and the application has not yet been
determined.
(2) The Tribunal may make an interim guardianship order appointing a
guardian for the adult pending determination of the application if the
Tribunal reasonably believes that the adult:
(a) has impaired decision-making capacity; and
(b) is in urgent need of a guardian for some or all of the matters
mentioned in section 11(1)(b).
(3) The Tribunal may appoint any of the following as a guardian for the
adult:
(a) the Public Guardian;
(b) the Public Trustee, if the Public Trustee agrees to the
appointment;
(c) an individual who appears to the Tribunal, on the basis of the
information then available to it, to be eligible under
section 15(1) for appointment.
(4) The Tribunal must make an interim guardianship order on the terms
the Tribunal considers appropriate.
(5) An interim guardianship order comes into force when it is made and
remains in force until the first of the following occurs:
(a) the order expires;
(b) the order is revoked by the Tribunal;
(c) the Tribunal decides the application for a guardianship order.
(6) The Tribunal may vary or revoke an interim guardianship order as
the Tribunal considers appropriate.
(7) An interim guardianship order expires 90 days after the order is
made but may be renewed once by the Tribunal for a period not
exceeding 90 days.
(8) Sections 19 and 36 to 40 do not apply in relation to an interim
guardianship order.
Part 2 Guardianship
Division 3 Authority of guardian
Guardianship of Adults Act 2016 16
Division 3 Authority of guardian
21 Authority of guardian
(1) A guardian for an adult must:
(a) make decisions in relation to the personal matters and
financial matters for which the guardian has authority under
the guardianship order as and when such decisions are
required; and
(b) act as an advocate for the adult in relation to those matters.
(2) For the purpose of doing so, the guardian is authorised to do
anything on behalf of the adult that the adult could lawfully do if the
adult had full legal capacity.
(3) However, the guardian's authority is subject to this Act and the
terms of the guardianship order.
22 Exercise of authority by guardian
(1) In exercising authority under this Act, a guardian must:
(a) act in accordance with the guardianship principles; and
(b) comply with:
(i) the guardianship order; and
(ii) any other order of the Tribunal; and
(iii) this Act; and
(c) cooperate with any other agents for the represented adult to
enable them all to properly exercise their authority; and
(d) act honestly and with care, skill and diligence.
(2) Two or more guardians who are appointed jointly for a matter must
exercise their authority unanimously.
Note for section 22
If joint guardians are unable to reach a unanimous decision, they may seek
orders from the Tribunal under section 33(2)(b).
23 Health care decisions
(1) A guardian has authority to make health care decisions for the
represented adult if the guardian has authority under the
guardianship order for the health care decision.
Part 2 Guardianship
Division 3 Authority of guardian
Guardianship of Adults Act 2016 17
(2) The authority of a guardian regarding a health care decision is
subject to:
(a) the Advance Personal Planning Act 2013; and
(b) the Health Care Decision Making Act 2023.
24 Excluded matters
A guardian is not authorised to do any of the following for the
represented adult:
(a) exercise the adult's right to vote in a Commonwealth, Territory
or local government election or referendum;
(b) make or give effect to a decision about:
(i) the care and wellbeing of any child of the adult; or
(ia) the adult entering into a surrogacy arrangement for
which a parentage order may be made under the
Surrogacy Act 2022; or
(ii) the adoption of a child of the adult;
(c) make a decision about the adult:
(i) marrying or divorcing; or
(ii) entering into or ending a de facto or sexual relationship;
(d) make, vary or revoke any of the following for the adult:
(i) a will;
(ii) a power of attorney;
(iii) an advance personal plan, or anything (by whatever
name) having a similar effect in another jurisdiction;
(e) exercise the adult's rights as an accused person in relation to
criminal investigations or criminal proceedings, including
assessments and proceedings under Part 10 of the Mental
Health and Related Services Act 1998.
25 Effect of exercise of authority by guardian
An act done or omission made by a guardian in the exercise of the
guardian's authority has effect as if it were done or made by the
represented adult and the adult had full legal capacity.
Part 2 Guardianship
Division 4 Specific powers and duties
Guardianship of Adults Act 2016 18
Division 4 Specific powers and duties
26 Right to documents and information
(1) A guardian has the same right to documents and information
(including the represented adult's own documents and information)
relevant to the exercise of the guardian's authority as the
represented adult would have if the adult had full legal capacity.
(2) A person who has custody or control of a relevant document or
relevant information (an information holder) must give it to the
guardian if requested by the guardian to do so, unless the
information holder has a reasonable excuse not to do so.
(3) If the information holder does not comply with the request, the
Tribunal may order the information holder to give the document or
information to the guardian.
(4) An information holder who gives a document or information under
this section in good faith is not civilly or criminally liable, or in
breach of any professional code of conduct, for doing so.
27 Information and things may be given to guardian
(1) This section applies if:
(a) a person is required by a law of the Territory (the other law) to
give information or a thing to a represented adult; and
(b) the information or thing relates to a matter for which a
guardian has authority.
(2) The person required to give the information or thing may give it to
the guardian instead of giving it to the represented adult.
(3) A person who gives information or a thing to the guardian under this
section in good faith:
(a) is taken to have complied with the requirement in the other law
to give it to the represented adult; and
(b) is not civilly or criminally liable, or in breach of any
professional code of conduct, for giving it to the guardian.
(4) This section does not apply in relation to a document that the other
law requires to be personally served on the represented adult.
Part 2 Guardianship
Division 4 Specific powers and duties
Guardianship of Adults Act 2016 19
28 Record keeping and reporting requirements
(1) A guardian must:
(a) keep the records in relation to the exercise of the guardian's
authority that it is reasonable in the circumstances to keep;
and
(b) comply with any record keeping and reporting requirements
prescribed by regulation.
(2) Without limiting what may be provided for in regulations, a
regulation may provide for any of the following:
(a) keeping of records;
(b) preparation of annual or other reports;
(c) auditing or other verification of records and reports;
(d) the form of records and reports;
(e) who must or may be given copies of, or access to, records or
reports.
29 Property to be managed as if trust property
(1) A guardian who has authority for financial matters:
(a) must deal with the represented adult's property as if it were
trust property held by the guardian on trust for the represented
adult; and
(b) in dealing with the property, is subject to the duties,
obligations and limitations that apply under a law of the
Territory to a trustee dealing with trust property.
Note for subsection (1)
This subsection does not constitute a trust or cause the property to vest in the
guardian.
(2) However, the guardian may deal with property otherwise than in
accordance with subsection (1) if:
(a) permitted to do so by a provision of this Act; or
(b) authorised by the Tribunal to do so:
(i) in the guardianship order; or
(ii) by order under section 33(2)(c).
Part 2 Guardianship
Division 4 Specific powers and duties
Guardianship of Adults Act 2016 20
(3) Subsection (1) does not prevent the continuation of joint ownership
of property by the represented adult and the guardian (whether as
joint tenants or tenants in common) if the joint ownership
commenced:
(a) before the guardian was appointed; or
(b) after the appointment but while the represented adult had
decision-making capacity for the matter.
(4) Despite subsection (1)(b), section 24A of the Trustee Act 1969
does not apply in relation to property that is being dealt with under
this section as if it were trust property.
30 Gifts
(1) A guardian who has authority for financial matters may make a gift
from the represented adult's property if:
(a) the gift is of a kind the represented adult:
(i) made when the represented adult had decision-making
capacity; or
(ii) might reasonably be expected to make; and
(b) the value of the gift is reasonable in the circumstances.
(2) However, the Tribunal may, in the guardianship order or by order
under section 33(2)(c):
(a) restrict the guardian's authority to make gifts; or
(b) authorise the guardian to make a gift not otherwise permitted
by this section.
(3) Despite subsection (1), the guardian must not make a gift from the
represented adult's property to that guardian unless specifically
authorised to do so under subsection (2)(b).
31 Maintenance of dependants
(1) A guardian who has authority for financial matters may provide from
the represented adult's property for the needs of a dependant of the
represented adult if:
(a) the provision is of a kind the represented adult:
(i) made when the represented adult had decision-making
capacity; or
Part 2 Guardianship
Division 5 Orders about exercise of authority
Guardianship of Adults Act 2016 21
(ii) might reasonably be expected to make; and
(b) the value of the provision is reasonable in the circumstances.
(2) However, the Tribunal may, in the guardianship order or by order
under section 33(2)(c):
(a) restrict the guardian's authority to provide for dependants; or
(b) authorise the guardian to provide for the needs of a dependant
in a way not otherwise permitted by subsection (1).
32 Asset management planning
(1) This section applies if:
(a) a guardian, other than the Public Guardian or Public Trustee,
has authority for financial matters; and
(b) the guardianship order or an order under section 33(2)(c)
requires the guardian to comply with this section.
(2) The guardian must:
(a) prepare an asset management plan in accordance with any
requirements prescribed by regulation; and
(b) as far as reasonably practicable, manage the represented
adult's property in accordance with that plan.
(3) Without limiting the matters that may be provided for in regulations,
a regulation may provide for any of the following:
(a) the form of an asset management plan, which may be in a
form approved by the Tribunal or a specified person;
(b) the matters to be dealt with by an asset management plan;
(c) the requirement for an asset management plan to be
approved by the Tribunal or a specified person;
(d) the persons who must or may be given copies of the asset
management plan.
Division 5 Orders about exercise of authority
33 Orders to guardians
(1) The Tribunal may make orders as to the exercise by a guardian of
the guardian's authority.
Part 2 Guardianship
Division 5 Orders about exercise of authority
Guardianship of Adults Act 2016 22
(2) Without limiting subsection (1), the Tribunal may make orders as
follows:
(a) as to how the guardian may or must exercise the guardian's
authority, or the circumstances in which the guardian must not
exercise the guardian's authority, so as to comply with
section 22(1);
(b) if 2 or more guardians who are appointed jointly are unable to
reach a unanimous decision as required by section 22(2) – to
facilitate the resolution of their differences;
(c) as to the guardian's dealing with the represented adult's
property, as mentioned in section 29(2)(b)(ii), 30(2), 31(2)
or 32(1)(b);
(d) approving reimbursement or remuneration for the guardian, as
mentioned in section 47(2), 48(2) or 49(3);
(e) if the represented adult has 2 or more agents – to facilitate a
reasonable and workable division of decision-making authority
between the agents.
(3) The Tribunal may make an order as to the exercise of the
guardian's authority generally or for a particular circumstance.
(4) An application for an order under this section may be made by:
(a) a guardian; or
(b) the represented adult; or
(c) an interested person for the represented adult.
34 Orders to former guardian
(1) This section applies if a person (the former guardian) has ceased
to be a guardian for an adult.
(2) The Tribunal may make the orders the Tribunal considers
appropriate to provide for:
(a) if the adult is still alive – the orderly transfer of
decision-making authority from the former guardian to the
adult or to another agent for the adult (as appropriate); or
(b) if the adult has died – the orderly transfer of the adult's estate
to the executor or administrator of the estate.
Part 2 Guardianship
Division 6 Orders about represented adult's compliance
Guardianship of Adults Act 2016 23
Division 6 Orders about represented adult's compliance
35 Represented adult to comply with guardian's decisions
(1) The Tribunal may make an order that a guardian, or another
specified person, is authorised to take specified measures to
ensure the represented adult complies with the guardian's decisions
in the exercise of the guardian's authority.
(2) The Tribunal must conduct a reassessment of an order made under
subsection (1) as soon as is practicable after making the order but
in any event within 42 days after making the order.
(3) On completing the reassessment, the Tribunal must do one of the
following:
(a) confirm the order;
(b) vary the order;
(c) revoke the order and make another in its place;
(d) revoke the order.
(4) The Tribunal may make an order under subsection (1), or confirm,
vary or replace the order under subsection (3), only if satisfied that,
having regard to the represented adult's best interests, authorising
the specified measures to be taken under the order is the only
appropriate way to protect the adult from harm, neglect, abuse or
exploitation.
(5) The guardian or other person authorised by an order under this
section is not liable to any action for false imprisonment or assault,
or any other action, liability, claim or demand arising out of taking a
measure under the order, if the guardian or other person took that
measure in the belief that:
(a) having regard to the represented adult's best interests, there
was no other appropriate way to protect the adult from harm,
neglect, abuse or exploitation; and
(b) it was reasonable to take that measure in the circumstances.
(6) An application for an order under this section may be made by:
(a) a guardian; or
(b) an interested person for the represented adult.
Part 2 Guardianship
Division 7 Reassessment and variation of guardianship orders
Guardianship of Adults Act 2016 24
Division 6A Certain orders taken to be instruments for Land
Title Act 2000
35A Certain orders taken to be instruments for Land Title Act 2000
If a guardianship order confers on the guardian authority for
financial matters, the order is taken to be an instrument for the Land
Title Act 2000.
Division 7 Reassessment and variation of guardianship
orders
36 Guardianship order to be reassessed
(1) The Tribunal must conduct a reassessment of a guardianship order
on, or as soon as practicable after, the reassessment date specified
in the order.
(2) The represented adult or an interested person for the represented
adult may apply to the Tribunal for a reassessment of a
guardianship order at any time.
37 Matters to be considered on reassessment
(1) On a reassessment of a guardianship order the Tribunal must
consider the following:
(a) whether it is appropriate for the order to remain in force,
having regard to the criteria mentioned in section 11;
(b) whether any change should be made in the persons who are
appointed by the order, having regard to sections 13 to 15;
(c) whether any changes should be made to any other terms of
the order.
(2) For subsection (1)(b), in determining whether a person remains
suitable as mentioned in section 15(1)(b), the Tribunal must take
into account the way in which the person has exercised authority as
a guardian, including whether the person has complied with
section 22(1), since the guardianship order was made or last
reassessed.
38 Outcome of reassessment
(1) On completing a reassessment of a guardianship order, the
Tribunal must do one of the following:
(a) confirm the order;
Part 2 Guardianship
Division 8 Duration of orders and appointment
Guardianship of Adults Act 2016 25
(b) vary the order;
(c) revoke the order and make another in its place;
(d) revoke the order.
(2) Despite section 40(b)(i), a guardianship order that reaches its
expiry date while being reassessed continues in force until the
Tribunal completes the reassessment and makes an order under
subsection (1).
39 Variation or revocation of guardianship order
(1) On application or on its own initiative, the Tribunal may vary a
guardianship order as the Tribunal considers appropriate.
(2) The Tribunal may revoke a guardianship order only after conducting
a reassessment in accordance with sections 36 to 38.
Division 8 Duration of orders and appointment
40 Duration of guardianship order
A guardianship order:
(a) subject to section 12, comes into force when it is made; and
(b) remains in force until the first of the following occurs:
(i) if the order is expressed to expire on a specified date –
the order expires;
(ii) the order is revoked by the Tribunal;
(iii) the represented adult dies.
Note for section 40
If a guardianship order is made under section 12 for a young person, the order
does not come into force until the young person turns 18.
41 When appointment of guardian ends
(1) A person ceases to be a guardian if any of the following occurs:
(a) the person dies;
(b) the person resigns by giving written notice to the Tribunal;
(c) if the appointment is expressed to be for a limited period – that
period ends;
Part 2 Guardianship
Division 8 Duration of orders and appointment
Guardianship of Adults Act 2016 26
(d) the guardianship order appointing the person:
(i) ceases to be in force; or
(ii) is varied so as to terminate the person's appointment;
(e) the person's appointment is terminated under section 94.
(2) If the Tribunal is given notice of a person's resignation under
subsection (1)(b), the Tribunal must give a copy of the notice to the
Public Guardian.
42 Notification requirements
(1) If a represented adult dies, a guardian must notify the following of
the death as soon as practicable after becoming aware of it:
(a) the Tribunal;
(b) the Public Guardian.
(2) If a guardian dies, any other guardian for the represented adult
must notify the following of the death as soon as practicable after
becoming aware of it:
(a) the Tribunal;
(b) the Public Guardian.
(3) Subsections (1)(b) and (2)(b) do not apply if the guardian giving the
relevant notification is the Public Guardian.
43 Effect of appointment of joint guardians for matter ceasing
(1) This section applies if:
(a) 2 or more persons were jointly appointed as guardians for an
adult with authority for a matter; and
(b) one of them ceases to be a guardian under section 41(1)(a),
(b) or (e).
(2) If there were 2 jointly appointed guardians, the remaining person
becomes the sole guardian with authority for the matter.
(3) If there were 3 or more jointly appointed guardians, the remaining
persons continue as jointly appointed guardians with authority for
the matter.
(4) The guardianship order is taken to have been varied accordingly.
Part 2 Guardianship
Division 8 Duration of orders and appointment
Guardianship of Adults Act 2016 27
44 Effect of appointment of sole guardian for matter ceasing
(1) This section applies if:
(a) a person who was a guardian for an adult with authority for a
matter ceases to be a guardian under section 41(1)(a), (b)
or (e); and
(b) there is no other guardian with authority for the matter.
(2) The Public Guardian becomes the guardian for the adult with
authority for the matter.
(3) The guardianship order is taken to have been varied accordingly.
45 Guardian temporarily unable to act
(1) The Public Guardian becomes the guardian for an adult if:
(a) a person who is the guardian for the adult with authority for a
matter becomes unable to act; and
(b) there is no other guardian with authority for the matter who is
able to act.
(2) The Public Guardian remains the guardian until the person is again
able to act.
(3) The guardianship order is taken to have been varied accordingly.
(4) A guardian must notify the Public Guardian:
(a) before, or as soon as practicable after, becoming unable to
act; and
(b) as soon as practicable after again becoming able to act.
(5) In this section:
unable to act, for a guardian, means not reasonably able to
exercise the guardian's authority due to illness, absence or any
other cause.
46 Registrar to update guardianship order
(1) This section applies if a person ceases to be a guardian and the
guardianship order remains in force.
(2) The Registrar may update the order to reflect:
(a) the fact that the person has ceased to be a guardian; and
Part 2 Guardianship
Division 9 Reimbursement and remuneration
Guardianship of Adults Act 2016 28
(b) the effect of section 43 or 44 (as applicable).
(3) An application for an order to be updated may be made by:
(a) the former guardian; or
(b) the represented adult; or
(c) an interested person for the represented adult.
Division 9 Reimbursement and remuneration
47 Reimbursement of expenses
(1) A guardian is entitled to reimbursement from the represented adult,
as approved by the Tribunal, for reasonable expenses incurred in
exercising authority as guardian.
(2) The Tribunal may give approval for reimbursement of expenses in
the guardianship order or by order under section 33(2)(d).
(3) The Tribunal's approval may be given for a particular expense, for
expenses up to a specified amount, for expenses generally, or
otherwise as the Tribunal considers appropriate.
Note for section 47
This section applies only to expenses incurred by the guardian in the person's
capacity as guardian. For reimbursement of expenses incurred in providing other
services, see section 49.
48 Remuneration for professional guardian
(1) A professional guardian is entitled to reasonable remuneration from
the represented adult as approved by the Tribunal.
(2) The Tribunal may give approval for remuneration in the
guardianship order or by order under section 33(2)(d).
(3) This section does not affect any right of the Public Trustee to
remuneration or commission under another Act.
(4) In this section:
professional guardian means one of the following:
(a) the Public Trustee;
(b) the Public Guardian;
Part 2 Guardianship
Division 10 Miscellaneous matters about guardians
Guardianship of Adults Act 2016 29
(c) an individual who carries on the business of, or including,
providing services as a guardian.
Note for section 48
This section applies only to remuneration for services provided by a professional
guardian in the person's capacity as guardian. For remuneration for providing
other services, see section 49.
49 Reimbursement and remuneration for other services provided
by guardian to represented adult
(1) This section applies if a person who is exercising authority as a
guardian also provides other services to the represented adult.
(2) The person is not entitled to either of the following from the
represented adult unless approved by the Tribunal:
(a) reimbursement of expenses incurred in providing the other
services;
(b) remuneration for providing the other services.
(3) The Tribunal may give approval for reimbursement or remuneration
in the guardianship order or by order under section 33(2)(d).
(4) The Tribunal must not give approval unless satisfied that:
(a) it is reasonable in the circumstances for the person who is the
guardian to also provide the other services; and
(b) the amount to be paid is reasonable.
(5) In this section:
provide other services, to a represented adult, includes to act as
a carer for the represented adult.
Division 10 Miscellaneous matters about guardians
50 Guardian unaware of extent of authority
(1) This section applies if, under a guardianship order, a guardian is
entitled to exercise authority for the represented adult in some
circumstances but not in other circumstances.
Example for subsection (1)
If the represented adult's impaired decision-making capacity is due to an episodic
illness, the guardian may have authority to act when the represented adult is ill
but not when the adult is well.
Part 2 Guardianship
Division 10 Miscellaneous matters about guardians
Guardianship of Adults Act 2016 30
(2) If:
(a) the guardian purports to exercise authority for the adult in
good faith and reasonably believing that circumstances exist
that entitle the guardian to do so; and
(b) those circumstances do not exist;
anything done by the guardian in the purported exercise of the
authority has effect, and the guardian is liable to the same extent,
as if the circumstances existed.
(3) If:
(a) circumstances exist in which the guardian is entitled to
exercise authority for the adult; and
(b) the guardian is unaware, and could not reasonably have been
expected to be aware, of the existence of those
circumstances;
the guardian is not liable for a failure to exercise the authority.
51 Protection for guardian in financial matters
A guardian who has authority for financial matters is not civilly liable
in relation to any contract entered into, or other act done or omitted
to be done, in relation to a financial matter on behalf of the
represented adult in good faith and within the scope of the
guardian's authority.
52 Tribunal unaware of advance personal plan or enduring power
of attorney when making guardianship order
(1) This section applies if at the time the Tribunal makes a
guardianship order:
(a) the represented adult has an advance personal plan or is the
donor of an enduring power of attorney; and
(b) the Tribunal is unaware of the advance personal plan or
enduring power of attorney.
(2) The Tribunal's failure to apply section 18(2) or (3) in relation to the
making of the guardianship order:
(a) does not affect the validity of the order; and
Part 3 Interstate orders
Division 2 Registration of interstate orders
Guardianship of Adults Act 2016 31
(b) does not affect the validity of, or the liability of the guardian
for, anything done by the guardian in the exercise of authority
under the order.
(3) However, subsection (2)(b) does not apply if the guardian was
aware, when the thing was done by the guardian, that it was
something that a relevant agent had authority to do.
(4) As soon as practicable after becoming aware of the circumstances
mentioned in subsection (1) in relation to a guardianship order, the
guardian or Public Guardian must apply to the Tribunal for a
reassessment of the guardianship order under section 36, unless
another person has already done so.
(5) In this section:
relevant agent means:
(a) if the represented adult has an advance personal plan – an
APP decision maker appointed by the plan; or
(b) if the represented adult is the donor of an enduring power of
attorney – the donee of the power.
Part 3 Interstate orders
Division 1 Preliminary matters
53 Definitions
In this Part:
corresponding law means a law of another jurisdiction that is
prescribed by regulation to be a corresponding law.
interstate order means an order:
(a) made under a corresponding law; and
(b) of a kind prescribed by regulation to be an interstate order.
registered order means an interstate order that is registered under
section 54.
Division 2 Registration of interstate orders
54 Tribunal may register interstate order
(1) The Tribunal may register an interstate order.
Part 3 Interstate orders
Division 2 Registration of interstate orders
Guardianship of Adults Act 2016 32
(2) The Tribunal may do so on application by:
(a) the adult to whom the order relates; or
(b) an interested person for that adult.
(3) When registering an interstate order, the Tribunal may do either or
both of the following:
(a) vary the order;
(b) make an order under section 33 or 39.
(4) The variation of an interstate order may consist of or include the
appointment of a person in the Territory as an additional guardian
for the adult.
55 Duration of registration
An interstate order:
(a) becomes a registered order when it is registered under
section 54; and
(b) ceases to be a registered order when the first of the following
occurs:
(i) it ceases to be in force in the jurisdiction in which it was
made;
(ii) it ceases to be in force in the Territory under section 40.
56 Effect of registered order
(1) A registered order has effect in the Territory as if it were a
guardianship order made under this Act.
(2) However, a person (by whatever name called) appointed by a
registered order cannot do in the Territory anything that the person
could not do in the jurisdiction in which the order was made.
(3) The regulations may limit, or impose conditions on the exercise of,
the authority of a person under a registered order.
57 Application of Act to registered order
(1) This Act applies in relation to a registered order as if it were a
guardianship order made under this Act.
(2) For section 36(1), the reassessment date for the registered order is
the date 1 year after the date on which it is registered.
Part 4 Public Guardian
Division 1 Establishment and functions
Guardianship of Adults Act 2016 33
(3) Despite subsection (1):
(a) the variation of a registered order under this Act has effect
only as the variation of the order in its application in the
Territory; and
(b) the revocation of a registered order under this Act has effect
only as the revocation of the registration of the order.
58 Notification of tribunal or other body in other jurisdiction
The Registrar must notify the court, tribunal, board or other body
that made an interstate order of any of the following:
(a) the registration of the order under section 54;
(b) any variation to the order in its application in the Territory;
(c) the order ceasing to be in force in the Territory.
Division 3 Administrative matters
59 Minister to make arrangements
The Minister may make an arrangement with the Minister of another
jurisdiction responsible for the administration of a corresponding
law for the purpose of giving effect to this Part or equivalent
provisions of the corresponding law.
Part 4 Public Guardian
Division 1 Establishment and functions
60 Public Guardian
There is to be a Public Guardian.
61 Functions
(1) The Public Guardian has the following functions:
(a) to be a guardian for an adult when appointed by a
guardianship order or acting under section 44 or 45;
(b) to obtain, and provide to the Tribunal, information relevant to
applications made, or to be made, to the Tribunal under this
Act;
Part 4 Public Guardian
Division 1 Establishment and functions
Guardianship of Adults Act 2016 34
(c) to promote access to support services for adults with impaired
decision-making capacity and the guardians, families and
carers of those adults;
(d) to provide advice and support to persons who are:
(i) making, or proposing to make, applications for
guardianship orders; or
(ii) guardians;
(e) to monitor, and investigate complaints about, the conduct of
guardians;
(f) to encourage the providers of support services to monitor and
review the delivery of those services;
(g) to advocate for adults with impaired decision-making capacity
generally, including by promoting understanding and
awareness of relevant issues;
(h) to provide, or encourage the provision of, education about
relevant issues;
(i) to undertake, or encourage the undertaking of, research into
relevant issues;
(j) to ensure compliance with, and prosecute offences against,
this Act;
(k) to advise the Minister on relevant issues;
(l) to perform any other functions conferred on the Public
Guardian under this Act or any other Act.
(2) In this section:
relevant issue means an issue relating to adults with impaired
decision-making capacity, including an issue relating to any of the
following:
(a) the rights and interests of adults with impaired
decision-making capacity;
(b) the role of the Public Guardian and Public Trustee in relation
to adults with impaired decision-making capacity;
(c) the role of guardians;
(d) the role of family and the community in the support of adults
with impaired decision-making capacity;
Part 4 Public Guardian
Division 2 Public Guardian's powers
Guardianship of Adults Act 2016 35
(e) support services;
(f) the law relating to adults with impaired decision-making
capacity.
support service means a service, facility or program for any of the
following:
(a) adults with impaired decision-making capacity;
(b) guardians;
(c) families and carers of adults with impaired decision-making
capacity.
62 Compliance with guardianship principles
The Public Guardian must act in accordance with the guardianship
principles.
63 Independence
(1) The Public Guardian is not subject to direction in relation to the way
in which the Public Guardian's functions are performed.
(2) However, if the Public Guardian is a guardian for an adult, the
Public Guardian is, in that capacity, subject to the supervision and
direction of the Tribunal to the same extent as any other guardian.
Division 2 Public Guardian's powers
64 General powers
The Public Guardian has the powers necessary to perform the
Public Guardian's functions.
65 Information gathering power
(1) This section applies if the Public Guardian reasonably believes that
a person (an information holder) has a document or information
that is relevant to the performance or exercise of the Public
Guardian's functions or powers under this Act.
(2) The Public Guardian may, by written notice, require the information
holder to do one or both of the following:
(a) give the document (or a copy of it) or information to the Public
Guardian;
(b) answer questions asked by the Public Guardian.
Part 4 Public Guardian
Division 2 Public Guardian's powers
Guardianship of Adults Act 2016 36
(3) The information holder commits an offence if the information holder
contravenes the notice.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against
subsection (3) if the defendant has a reasonable excuse.
(6) An information holder who gives a document or information under
this section in good faith is not civilly or criminally liable, or in
breach of any professional code of conduct, for doing so.
66 Obtaining health assessment
(1) This section applies if the Public Guardian reasonably believes that
a matter relating to the health of an adult is relevant to the
performance or exercise of the Public Guardian's functions or
powers under this Act.
(2) The Public Guardian may, by written notice, request the adult to
obtain, and provide to the Public Guardian, a report on the matter
from:
(a) a health care provider chosen by the Public Guardian; or
(b) an appropriate health care provider chosen by the adult.
(3) If the Public Guardian is satisfied that it is reasonable in the
circumstances to do so, the Public Guardian may pay the
reasonable expenses incurred by the adult in obtaining the report.
67 Health assessment order
(1) The Tribunal may, on application by the Public Guardian, make a
health assessment order if satisfied that:
(a) a matter relating to the health of an adult is relevant to the
performance or exercise of the Public Guardian's functions or
powers under this Act; and
(b) either:
(i) a request made under section 66 has not been complied
with; or
Part 4 Public Guardian
Division 3 Appointment provisions
Guardianship of Adults Act 2016 37
(ii) there are reasonable grounds for suspecting that:
(A) the adult does not have capacity to consent to
being examined by an appropriate health care
provider; and
(B) there is no other person available who has
authority to give that consent.
(2) A health assessment order is an order that:
(a) requires the adult to submit to being examined by a health
care provider named in the order; and
(b) authorises the health care provider to examine the adult,
(whether or not the adult consents); and
(c) requires the health care provider to prepare, and give to the
Public Guardian, a report about the matter mentioned in
subsection (1)(a).
(3) The Tribunal may include in a health assessment order any
ancillary orders the Tribunal considers necessary:
(a) to enable the health care provider to examine the adult and
prepare the report; and
(b) to provide for the payment of the health care provider's
reasonable fees for examining the adult and preparing the
report.
(4) The Public Guardian must give a copy of the report to the adult as
soon as practicable after the Public Guardian receives it.
Division 3 Appointment provisions
68 Appointment of Public Guardian
(1) The Administrator may, by Gazette notice, appoint a person to be
the Public Guardian.
(2) The Administrator may do so only on the recommendation of the
Minister.
(3) The recommendation must be made on the basis that the person:
(a) has qualifications or experience relating to the Public
Guardian's functions; and
Part 4 Public Guardian
Division 4 Administrative matters
Guardianship of Adults Act 2016 38
(b) is committed to advancing the interests of persons with
impaired decision-making capacity and promoting the
guardianship principles.
69 Term of appointment
The Public Guardian holds office for 5 years or a shorter period
specified in the appointment and is eligible for reappointment.
70 Conditions of appointment
(1) The Public Guardian holds office on the conditions (including
remuneration, expenses and allowances) determined by the
Administrator.
(2) The Minister may grant the Public Guardian leave of absence on
the conditions determined by the Minister.
71 Resignation
The Public Guardian may resign from office by giving written notice
to the Administrator.
Division 4 Administrative matters
72 Delegation
The Public Guardian may, in writing, delegate any of the Public
Guardian's functions or powers under this Act to a person.
73 Staff and facilities for Public Guardian
(1) The Chief Executive Officer must provide the Public Guardian with
staff and facilities to enable the Public Guardian to properly perform
the Public Guardian's functions.
(2) A staff member provided to the Public Guardian under
subsection (1) is subject only to the direction of:
(a) the Public Guardian; or
(b) another such staff member.
74 Annual report
(1) The Public Guardian must prepare and give to the Minister a report
on the performance of the Public Guardian's functions during each
financial year.
Part 4 Public Guardian
Division 4 Administrative matters
Guardianship of Adults Act 2016 39
(2) The report must be given to the Minister by 31 October following
the end of the financial year.
(3) The report must include the following:
(a) the number of persons for whom the Public Guardian was a
guardian during the year and any changes in that number from
the previous year;
(b) details of the staff and facilities provided to the Public
Guardian and their adequacy in relation to the performance of
the Public Guardian's functions;
(c) any other matters the Public Guardian considers appropriate;
(d) any matter required by the Minister to be included in the
report;
(e) any matter required by regulation to be included in the report.
(4) The report must not include the name of, or any information that
might identify, a represented adult or other person who has been
the subject of proceedings before the Tribunal in relation to a matter
under this Act.
(5) The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
75 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function as the Public Guardian.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
(3) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
Part 5 Civil and Administrative Tribunal
Division 3 General matters about proceedings
Guardianship of Adults Act 2016 40
Part 5 Civil and Administrative Tribunal
Division 1 Preliminary matters
76 Definitions
In this Part:
proceedings means proceedings before the Tribunal in relation to
a matter under this Act.
publication includes broadcast and dissemination.
Tribunal Act means the Northern Territory Civil and Administrative
Tribunal Act 2014.
Division 2 Jurisdiction of Tribunal
77 Jurisdiction of Tribunal
(1) The Tribunal has jurisdiction to deal with matters under this Act.
(2) The jurisdiction comes within the Tribunal's original jurisdiction.
78 Tribunal to act in accordance with guardianship principles
In exercising its jurisdiction in relation to a matter under this Act, the
Tribunal must act in accordance with the guardianship principles.
Division 3 General matters about proceedings
79 How proceedings to be commenced
(1) Proceedings must be commenced by application made in
accordance with the Tribunal Act.
(2) Subsection (1) does not apply to proceedings relating to a
reassessment of a guardianship order the Tribunal is required to
conduct under section 36(1).
(3) Unless another provision of this Act states otherwise, an application
may be made by:
(a) the adult to whom the proceedings relate; or
(b) an interested person for the adult.
Part 5 Civil and Administrative Tribunal
Division 3 General matters about proceedings
Guardianship of Adults Act 2016 41
80 Proceedings not open to public
(1) Despite section 60 of the Tribunal Act, proceedings are not open to
the public.
(2) The publication of information about proceedings that identifies the
adult to whom the proceedings relates or enables the identity of the
adult to be ascertained is prohibited.
Note for subsection (2)
A person commits an offence against section 90 if the person publishes, without
authorisation under subsection (3), information mentioned in subsection (2).
(3) However, the Tribunal may make an order authorising the
publication of information that is otherwise prohibited under
subsection (2) if satisfied that publication:
(a) is consistent with the guardianship principles; and
(b) is in the public interest.
(4) An application for the order may be made by any person who the
Tribunal is satisfied has a proper interest in the proceedings.
81 Parties
(1) In proceedings, in addition to the persons mentioned in section 127
of the Tribunal Act, each of the following is a party:
(a) the adult to whom the proceedings relate;
(b) any guardian or proposed guardian for that adult;
(c) the Public Guardian.
(2) However, the Public Guardian is not a party to particular
proceedings if:
(a) the Public Guardian is not the applicant or a guardian or
proposed guardian for the adult to whom the proceedings
relate; and
(b) the Public Guardian informs the Tribunal in writing that the
Public Guardian does not wish to be a party to those
proceedings.
Part 5 Civil and Administrative Tribunal
Division 3 General matters about proceedings
Guardianship of Adults Act 2016 42
(3) Subsection (2) does not prevent the Tribunal from ordering the
Public Guardian to be joined as a party to proceedings under
section 128 of the Tribunal Act.
Note for section 81
Under section 127(1)(a) of the Tribunal Act, the applicant is a party to
proceedings. Under section 128 of that Act, the Tribunal may join any other
person as a party if the Tribunal considers it desirable for the person to be a
party.
82 Representation
Without limiting section 130 of the Tribunal Act, the Public Guardian
may authorise a delegate or a member of the Public Guardian's
staff mentioned in section 73 to appear on behalf of the Public
Guardian in proceedings to which the Public Guardian is a party.
83 Public Guardian to ensure information is presented
The Tribunal may make an order that requires the Public Guardian
to conduct an inquiry or investigation, or otherwise to take all
reasonable steps, to ensure that any information relevant to any
proceedings, as specified in the order, is presented to the Tribunal.
84 Reasons may be given orally
(1) Despite section 105(2) of the Tribunal Act, the Tribunal may give
the reasons for the decision in any proceedings and any relevant
findings of fact (the reasons) orally to the parties to the
proceedings.
(2) A party to the proceedings may apply to the Tribunal to give the
reasons in writing, and the Tribunal must do so within 28 days after
the application is made.
(3) A party to the proceedings who proposes to make an application
under subsection (2) must do so within 28 days after the reasons
are given orally.
(4) Section 105(4) of the Tribunal Act applies to the time limit
mentioned in subsection (2).
85 No fees
No application fees or other fees are payable in relation to
proceedings.
Part 6 Enforcement
Division 1 Offences
Guardianship of Adults Act 2016 43
Part 6 Enforcement
Division 1 Offences
86 Falsely representing to be guardian
(1) A person commits an offence if:
(a) the person intentionally represents, by words or conduct, that
the person or another person:
(i) is a guardian; or
(ii) is a guardian with authority for a particular matter; and
(b) the representation is false and the person has knowledge of
that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally represents, by words or conduct, that
the person or another person:
(i) is a guardian; or
(ii) is a guardian with authority for a particular matter; and
(b) the representation is false and the person has knowledge of
that circumstance; and
(c) the person makes the representation with the intention of
obtaining a benefit for the person or another person.
Maximum penalty: Imprisonment for 7 years.
87 Improper exercise of authority by guardian
(1) A guardian commits an offence if:
(a) the guardian intentionally engages in conduct in the exercise
of the guardian's authority as a guardian; and
(b) the conduct results in a contravention of section 22 and the
guardian is reckless in relation to the result.
Maximum penalty: Imprisonment for 5 years.
Part 6 Enforcement
Division 1 Offences
Guardianship of Adults Act 2016 44
(2) A guardian commits an offence if:
(a) the guardian intentionally engages in conduct in the exercise
of the guardian's authority as a guardian; and
(b) the conduct results in a contravention of section 22 and the
guardian is reckless in relation to the result; and
(c) the guardian engages in the conduct with the intention of
obtaining a benefit for the guardian or another person.
Maximum penalty: Imprisonment for 7 years.
88 Inducing guardian to exercise authority improperly
(1) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct induces a guardian to contravene section 22 and
the person has intention in relation to that result.
Maximum penalty: Imprisonment for 5 years.
(2) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct induces a guardian to contravene section 22 and
the person has intention in relation to that result; and
(c) the person engages in the conduct with the intention of
obtaining a benefit for the person or another person.
Maximum penalty: Imprisonment for 7 years.
89 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another person;
and
(b) the other person is an official; and
(c) the information is misleading and the person has knowledge of
that circumstance; and
Part 6 Enforcement
Division 1 Offences
Guardianship of Adults Act 2016 45
(d) the official is acting in an official capacity and the person has
knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person;
and
(b) the other person is an official; and
(c) the document contains misleading information and the person
has knowledge of that circumstance; and
(d) the official is acting in an official capacity and the person has
knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the
document:
(a) draws the misleading aspect of the document to the official's
attention; and
(b) to the extent to which the person can reasonably do so – gives
the official the information necessary to remedy the misleading
aspect of the document.
(5) In this section:
acting in an official capacity, in relation to an official, means the
official is exercising authority under, or otherwise related to the
administration of, this Act.
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
official means:
(a) the Public Guardian, a delegate of the Public Guardian or a
member of the Public Guardian's staff under section 73; or
(b) the Public Trustee, a delegate of the Public Trustee or a
member of the Public Trustee's staff.
Part 6 Enforcement
Division 1 Offences
Guardianship of Adults Act 2016 46
90 Unauthorised publication of Tribunal proceedings
(1) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in the publication of information about
proceedings that identifies the adult to whom the proceedings
relates or enables the identity of the adult to be ascertained
and the person is reckless in relation to the result.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Subsection (1) does not apply if the publication is authorised under
section 80(3).
(3) In this section:
proceedings means proceedings before the Tribunal in relation to
a matter under this Act.
publication includes broadcast and dissemination.
91 Unauthorised disclosure of confidential information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing
functions connected with the administration of this Act; and
(b) the person intentionally engages in conduct; and
(c) the conduct results in the disclosure of the information and the
person is reckless in relation to the result.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(a).
(3) Subsection (1) does not apply if:
(a) the person discloses the information:
(i) for the administration of this Act; or
(ii) with the consent of the person to whom the information
relates; or
Part 6 Enforcement
Division 1 Offences
Guardianship of Adults Act 2016 47
(iii) for legal proceedings arising out of the operation of this
Act; or
(b) the information is otherwise available to the public.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who
discloses confidential information will not be criminally responsible for an offence
if the disclosure is justified or excused by or under a law (see section 43BE of the
Criminal Code).
92 Transfer of authority or estate by former guardian
(1) A person who ceases to be a guardian (a former guardian) for an
adult must take all reasonable steps to provide for:
(a) if the adult is still alive – the orderly transfer of
decision-making authority from the former guardian to the
adult or to another agent for the adult (as appropriate); or
(b) if the adult has died – the orderly transfer of the adult's estate
to the executor or administrator of the estate.
(2) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of subsection (1)(a) or
(b) and the person is reckless in relation to the result.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
93 Alternative verdicts
(1) This section applies if, in a proceeding against a person charged
with an offence against a provision mentioned in the following Table
(the prosecuted offence), the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person
committed the prosecuted offence; but
(b) is satisfied beyond reasonable doubt that the person
committed the offence specified in the Table as the alternative
offence for the prosecuted offence.
Part 6 Enforcement
Division 2 Consequences of finding of guilt
Guardianship of Adults Act 2016 48
(2) The trier of fact may find the person not guilty of the prosecuted
offence but guilty of the alternative offence.
Table Alternative verdicts
Prosecuted offence Alternative offence
section 86(2) section 86(1)
section 87(2) section 87(1)
section 88(2) section 88(1)
Division 2 Consequences of finding of guilt
94 Termination of appointment as guardian and disqualification
(1) If a court finds a person guilty of an offence against this Act, the
Tribunal, in addition to any penalty imposed by the court on the
person, may make an order to do either or both of the following:
(a) if the person is a guardian – terminate the person's
appointment;
(b) disqualify the person from being a guardian for the period
specified by the Tribunal.
(2) A person who is disqualified under subsection (1)(b) cannot be
appointed, or exercise authority, as a guardian during the period of
the disqualification.
95 Payment of compensation for loss
(1) This section applies if a person (the offender) is found guilty of an
offence against section 86, 87 or 88.
(2) If the court finding the offender guilty is satisfied that the conduct of
the offender in committing the offence caused loss to the
represented adult, the court may make an order for the offender to
pay compensation for that loss to:
(a) the represented adult; or
(b) if the represented adult is dead – the adult's estate.
(3) The standard of proof for a matter under this section is the balance
of probabilities.
Part 8 Repeal and transitional matters
Division 1 Repeal
Guardianship of Adults Act 2016 49
(4) This section does not affect any civil liability the offender may have
in relation to the conduct constituting the offence, but any
compensation paid under this section must be taken into account in
assessing damages in a later civil action.
(5) In this section:
represented adult, for an offence against section 86, includes a
person for whom the offender represented that the offender was a
guardian.
Division 3 Legal proceedings
96 Who may commence prosecution
Proceedings for an offence against this Act may be commenced
only by:
(a) the Public Guardian; or
(b) a person authorised by the Minister.
97 Time for commencing prosecution
Proceedings for an offence against this Act, other than an indictable
offence, must be commenced within 2 years after the date on which
the Public Guardian first became aware of the commission of the
offence.
Part 7 Miscellaneous matters
98 Regulations
The Administrator may make regulations under this Act.
Part 8 Repeal and transitional matters
Division 1 Repeal
99 Act repealed
The Adult Guardianship Act 1988 (Act No. 45 of 1988) is repealed.
Part 8 Repeal and transitional matters
Division 2 Transitional matters for Guardianship of Adults Act 2016
Guardianship of Adults Act 2016 50
Division 2 Transitional matters for Guardianship of
Adults Act 2016
100 Definitions
In this Division:
commencement means the commencement of section 99.
Court means the Local Court.
repealed Act means the Adult Guardianship Act 1988 repealed by
section 99.
101 Existing guardianship orders continue
(1) On the commencement, an existing guardianship order becomes a
guardianship order under this Act.
(2) For section 21, the order is taken to confer on the guardian:
(a) authority for the personal matters for which the person had
authority under the repealed Act; and
(b) if the guardian was also the manager of the adult's estate
under an existing management order – authority for the
financial matters for which the person had authority under the
repealed Act.
(3) For section 36(1), the reassessment date for the order after the
commencement is:
(a) if a review date is specified in the order – the review date; or
(b) if not, 3 years after the commencement.
(4) In this section:
existing guardianship order means an order under section 15 of
the repealed Act appointing a person as a guardian that is in force
immediately before the commencement.
existing management order means an order under
section 16(1)(a) of the repealed Act appointing a person to be the
manager of an adult's estate that is in force immediately before the
commencement.
Part 8 Repeal and transitional matters
Division 2 Transitional matters for Guardianship of Adults Act 2016
Guardianship of Adults Act 2016 51
102 Pending applications for guardianship order
(1) This section applies if, before the commencement:
(a) an application was made under section 8 of the repealed Act
for the making of a guardianship order; and
(b) the application was not finally determined by the Court.
(2) The Court must deal with and determine the application under the
repealed Act as if this Act had not commenced.
(3) If the Court determines the application by making a guardianship
order:
(a) the Court must specify in the order a reassessment date for
the purposes of section 36 (which must be not more than
3 years after the order is made); and
(b) section 101 (other than section 101(3)) applies in relation to
the order as if it were an existing guardianship order
mentioned in that section.
103 Pending reviews
(1) This section applies if, before the commencement:
(a) either:
(i) an application was made under section 23 of the
repealed Act for the review of a guardianship order; or
(ii) the Court, of its own volition, commenced a review of a
guardianship order; and
(b) the review was not finally determined by the Court.
(2) The Court must complete the review and make any orders it
considers appropriate under the repealed Act as if this Act had not
commenced.
(3) If the Court makes a new guardianship order under the repealed
Act, section 101 applies in relation to the order as if it were an
existing guardianship order mentioned in that section.
(4) Any other order of the Court has effect as if it were an order made
under this Act by the Tribunal.
Part 8 Repeal and transitional matters
Division 3 Transitional matters for Advance Personal Planning Amendment Act 2016
Guardianship of Adults Act 2016 52
104 Other applications
(1) This section applies if, before the commencement:
(a) an application was made under the repealed Act to vary or
revoke a guardianship order or an order under section 16 of
the repealed Act; and
(b) the application was not finally determined by the Court.
(2) The Court must deal with and determine the application under the
repealed Act as if this Act had not commenced.
(3) Any order of the Court has effect as if it were an order made under
this Act by the Tribunal.
Division 3 Transitional matters for Advance Personal
Planning Amendment Act 2016
104A Definitions
In this Division:
commencement means the commencement of the Advance
Personal Planning Amendment Act 2016.
Court means the Local Court.
repealed Act means the Aged and Infirm Persons' Property Act
repealed by section 28 of the Advance Personal Planning
Amendment Act 2016.
104B Existing protection orders continue
(1) On the commencement:
(a) an existing protection order becomes a guardianship order
under this Act; and
(b) an existing protected person becomes a represented adult
under this Act; and
(c) an existing manager becomes a guardian under this Act.
(2) For section 21, the order is taken to confer on a person who
becomes a guardian under subsection (1)(c) authority for the
matters for which the person had authority as an existing manager
under the repealed Act.
Part 8 Repeal and transitional matters
Division 3 Transitional matters for Advance Personal Planning Amendment Act 2016
Guardianship of Adults Act 2016 53
(3) For section 36(1), the reassessment date for the order is 1 year
after the commencement.
(4) In this section:
existing manager means the person specified as the manager in
an existing protection order.
existing protected person means the person in respect of whose
estate an existing protection order is in force.
existing protection order means an order under section 11 of the
repealed Act that was in force immediately before the
commencement.
104C Pending applications for protection order
(1) This section applies if, before the commencement:
(a) an application was made under section 7 of the repealed Act
for the making of a protection order; and
(b) the application was not finally determined by the Court.
(2) The Court must deal with and determine the application as if the
repealed Act had not been repealed.
(3) If the Court makes a protection order, section 104B applies in
relation to the order as if the commencement were the day after the
order is made.
104D Other applications
(1) This section applies if, before the commencement:
(a) an application was made:
(i) under section 7 of the repealed Act to vary or revoke a
protection order; or
(ii) under section 29 or 29A of the repealed Act; and
(b) the application was not finally determined by the Court.
(2) The Court must deal with and determine the application as if the
repealed Act had not been repealed.
(3) Any order made by the Court under this section has effect as if it
were an order made under this Act by the Tribunal.
Part 8 Repeal and transitional matters
Division 4 Transitional matters for Health Care Decision Making Act 2023
Guardianship of Adults Act 2016 54
Division 4 Transitional matters for Health Care Decision
Making Act 2023
105 Consent decision about health care
Despite the repeal of section 23 by the Health Care Decision
Making Act 2023, a consent decision about health care action made
by a guardian under this Act that is in effect immediately before the
commencement of section 85 of the Health Care Decision Making
Act 2023 continues to have effect in accordance with its terms after
that commencement.
ENDNOTES
Guardianship of Adults Act 2016 55
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
Guardianship of Adults Act 2016 (Act No. 15, 2016)
Assent date 7 June 2016
Commenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)
Advance Personal Planning Amendment Act 2016 (Act No. 13, 2016)
Assent date 7 June 2016
Commenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act
No. 15, 2016) and Gaz S74, 27 July 2016, p 1)
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Surrogacy Act 2022 (Act No. 8, 2022)
Assent date 26 May 2022
Commenced 20 December 2022 (Gaz S66, 20 December 2022)
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: ss 1, 3, 4, 8, 18, 23, 24, 29, 35A,
76 and 100.
ENDNOTES
Guardianship of Adults Act 2016 56
4 LIST OF AMENDMENTS
s 3 amd No. 19, 2023, s 80
s 4 amd No. 19, 2023, s 81
s 5 amd No. 19, 2023, s 82
ss 5A – 5B ins No. 19, 2023, s 83
s 8 rep No. 19, 2023, s 84
s 23 amd No. 13, 2016, s 30
sub No. 19, 2023, s 85
s 24 amd No. 8, 2022, s 70
s 44 amd No. 4, 2017, s 34
pt 2
div 6A ins No. 13, 2016, s 31
s 35A ins No. 13, 2016, s 31
pt 8 hdg amd No. 13, 2016, s 32
pt 8
div 2 hdg amd No. 13, 2016, s 33
pt 8
div 3 hdg ins No. 13, 2016, s 34
ss 104A –
104D ins No. 13, 2016, s 34
pt 8
div 4 hdg ins No. 19, 2023, s 85
s 105 exp No. 15, 2016, s 118
ins No. 19, 2023, s 85
pt 9 hdg exp No. 15, 2016, s 118
pt 9
div 1 hdg exp No. 15, 2016, s 118
ss 106 – 109 exp No. 15, 2016, s 118
pt 9
div 2 hdg exp No. 15, 2016, s 118
ss 110 – 113 exp No. 15, 2016, s 118
pt 9
div 3 hdg exp No. 15, 2016, s 118
ss 114 – 116 exp No. 15, 2016, s 118
pt 9
div 4 hdg exp No. 15, 2016, s 118
s 117 exp No. 15, 2016, s 118
pt 9
div 5 hdg exp No. 15, 2016, s 118
s 118 exp No. 15, 2016, s 118
sch exp No. 15, 2016, s 118