Northern Territory regulation

GUARDIANSHIP OF ADULTS REGULATIONS 2016

In ForceNT

Jurisdiction

Northern Territory

Collection

regulation

Plain English Summary

2/10 complexity

These Regulations set simple rules for guardians who manage another adult's money: they must keep complete, up‑to‑date records of the represented adult’s assets and liabilities (including transactions and condition), prepare an asset management plan in a Tribunal‑approved form, and recognise specified interstate guardianship/administration orders. Guardians bear the record‑keeping and planning cost; the Tribunal decides the approved plan form. This matters because it prescribes compliance standards and how interstate orders are treated for financial decision‑making.

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GUARDIANSHIP OF ADULTS REGULATIONS 2016

NORTHERN TERRITORY OF AUSTRALIA GUARDIANSHIP OF ADULTS REGULATIONS 2016 As in force at 1 July 2024 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 4 Record keeping requirements.......................................................... 1 5 Asset management planning ........................................................... 1 6 Interstate orders .............................................................................. 2 Schedule Corresponding Laws and interstate orders ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2024

GUARDIANSHIP OF ADULTS REGULATIONS 2016 Regulations under the Guardianship of Adults Act 2016 1 Citation These Regulations may be cited as the Guardianship of Adults Regulations 2016. 2 Commencement These Regulations commence on the commencement of the Guardianship of Adults Act 2016. 4 Record keeping requirements (1) For section 28(1)(b) of the Act, a guardian must, at all times while the guardian has authority for financial matters, keep complete and up-to-date records of the represented adult's assets and liabilities. (2) The records must include: (a) sufficient information to identify each of the represented adult's assets and liabilities; and (b) for each asset and liability, information related to: (i) all dealings and transactions with the asset or liability; and (ii) the condition and management of the asset or liability; and (c) any other information reasonably necessary to demonstrate that decisions in relation to the represented adult's financial matters are being made in accordance with the Act. 5 Asset management planning For section 32(2)(a) of the Act, an asset management plan must be in a form approved by the Tribunal.

Guardianship of Adults Regulations 2016 2 6 Interstate orders (1) For section 53 of the Act, definition corresponding law, each law listed in the Schedule is a corresponding law. (2) For section 53 of the Act, definition interstate order, each order listed in the Schedule opposite a corresponding law is an interstate order.

Schedule Corresponding Laws and interstate orders Guardianship of Adults Regulations 2016 3 Schedule Corresponding Laws and interstate orders regulation 6(1) and (2) Jurisdiction Corresponding law Interstate order Australian Capital Territory Guardianship and Management of Property Act 1991 An order made under section 7(2), 8(2), 8AA(4) or 67(1) of the corresponding law New South Wales Guardianship Act 1987 A guardianship order or financial management order made under the corresponding law Queensland Guardianship and Administration Act 2000 An order made under section 12, 13 or 129 of the corresponding law South Australia Guardianship and Administration Act 1993 An administration order or guardianship order made under the corresponding law Tasmania Guardianship and Administration Act 1995 An administration order or guardianship order made under the corresponding law Victoria Guardianship and Administration Act 1986 (repealed) Guardianship and Administration Act 2019 An administration order or guardianship order made under a corresponding law Western Australia Guardianship and Administration Act 1990 An administration order or guardianship order made under the corresponding law

ENDNOTES Guardianship of Adults Regulations 2016 4 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 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: r 1. 3 LIST OF LEGISLATION Guardianship of Adults Regulations 2016 (SL No. 36, 2016) Notified 27 July 2016 Commenced 28 July 2016 (r 2, s 2 Guardianship of Adults Act 2016 (Act No. 15, 2016) and Gaz S74, 27 July 2016, p 1) Guardianship of Adults Amendment Regulations 2020 (SL No. 5, 2020) Notified 15 April 2020 Commenced 15 April 2020 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) 4 LIST OF AMENDMENTS r 3 rep Act No. 19, 2023, s 88 sch amd No. 5, 2020, r 4

Source text

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 GUARDIANSHIP OF ADULTS REGULATIONS 2016

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2024