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Queensland act
This Act creates a Public Guardian whose job is to protect the rights and interests of adults who lack capacity for particular matters and of children staying at specified "visitable" places. Mechanically it gives the Public Guardian powers to investigate abuse or inadequate decision‑making, audit and require financial records, supervise or suspend attorneys/guardians, recover investigation costs and refer matters to tribunals or courts. It also establishes community visitors for children, with inspection and entry powers (consent or warrant), appointment and suitability rules, and penalties for non‑compliance.
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Direct links to the current provisions in Public Guardian Act 2014.
This Act may be cited as the Public Guardian Act 2014 .
This Act, other than sections 252 , 254 and chapter 8 , part 17 , commences on 1 July 2014. Sections 252 and 254 commence on assent. Chapter 8 , part 17 commences on the commencement of the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 , section 26 . (sec.2-ssec.1) This Act, other than sections 252 , 254 and chapter 8 , part 17 , commences on 1 July 2014. (sec.2-ssec.2) Sections 252 and 254 commence on assent. (sec.2-ssec.3) Chapter 8 , part 17 commences on the commencement of the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 , section 26 .
The dictionary in schedule 1 defines particular words used in this Act.
This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
The purpose of this Act is to establish the public guardian to promote and protect the rights and interests of— adults with impaired capacity for a matter; and relevant children and children staying at visitable sites.
The principles to be applied by persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity for the matter are— the general principles stated in the Guardianship Act , section 11B (the general principles ); and for a health matter—the general principles and the health care principles stated in the Guardianship Act , section 11C (the health care principles ). Persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity must also have regard to the acknowledgements stated in the Guardianship Act , section 5 when performing the functions or exercising the powers. s 6 amd 2019 No. 9 s 86 (sec.6-ssec.1) The principles to be applied by persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity for the matter are— the general principles stated in the Guardianship Act , section 11B (the general principles ); and for a health matter—the general principles and the health care principles stated in the Guardianship Act , section 11C (the health care principles ). (sec.6-ssec.2) Persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity must also have regard to the acknowledgements stated in the Guardianship Act , section 5 when performing the functions or exercising the powers.
The main principle to be applied by persons performing functions or exercising powers under this Act in relation to a relevant child or a child staying at a visitable site is that the best interests of the child are paramount. The persons must also apply the following general principles when performing functions or exercising powers under this Act in relation to the child— the child’s family has primary responsibility for the child’s upbringing and development and should be supported in that role; the child is a valued member of society; the child is— to be treated in a way that respects the child’s dignity and privacy; and to be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential; the child’s emotional, moral, social and intellectual development is important and must be taken into account; the child is entitled to be heard, even if others may not agree with the views expressed by the child; the child should be able to exercise his or her rights and participate in decisions that affect his or her life; the child should be able to access available services necessary to meet his or her needs; an ongoing relationship between the child and the child’s family is important for the child’s welfare and wellbeing and must be taken into account; an ongoing connection with the child’s culture, traditions, language and community is important for the child’s welfare and wellbeing and must be taken into account. (sec.7-ssec.1) The main principle to be applied by persons performing functions or exercising powers under this Act in relation to a relevant child or a child staying at a visitable site is that the best interests of the child are paramount. (sec.7-ssec.2) The persons must also apply the following general principles when performing functions or exercising powers under this Act in relation to the child— the child’s family has primary responsibility for the child’s upbringing and development and should be supported in that role; the child is a valued member of society; the child is— to be treated in a way that respects the child’s dignity and privacy; and to be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential; the child’s emotional, moral, social and intellectual development is important and must be taken into account; the child is entitled to be heard, even if others may not agree with the views expressed by the child; the child should be able to exercise his or her rights and participate in decisions that affect his or her life; the child should be able to access available services necessary to meet his or her needs; an ongoing relationship between the child and the child’s family is important for the child’s welfare and wellbeing and must be taken into account; an ongoing connection with the child’s culture, traditions, language and community is important for the child’s welfare and wellbeing and must be taken into account.
This Act, to the extent it relates to an adult with impaired capacity for a matter, is to be read in conjunction with the Guardianship Act and the Powers of Attorney Act . The Guardianship Act provides a scheme by which the tribunal may do the following— appoint a guardian for an adult with impaired capacity for personal matters to make particular decisions and do particular other things for the adult in relation to the matters; appoint an administrator for an adult with impaired capacity for financial matters to make particular decisions and do particular other things for the adult in relation to the matters; consent to the withholding or withdrawal of a life-sustaining measure and to particular special health care. The Guardianship Act also provides a scheme for health care for adults with impaired capacity for the matter concerned, including an order of priority for dealing with health care. The Powers of Attorney Act provides a scheme by which— by enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal matters at a time when the adult does not have capacity to do those things; and Personal matters do not include special personal matters or special health matters— Powers of Attorney Act , schedule 2 , section 2 . by advance health directive, an adult may make directions for the adult’s future health care; and a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care. If there is an inconsistency between this Act and the Guardianship Act , the Guardianship Act prevails. (sec.8-ssec.1) This Act, to the extent it relates to an adult with impaired capacity for a matter, is to be read in conjunction with the Guardianship Act and the Powers of Attorney Act . (sec.8-ssec.2) The Guardianship Act provides a scheme by which the tribunal may do the following— appoint a guardian for an adult with impaired capacity for personal matters to make particular decisions and do particular other things for the adult in relation to the matters; appoint an administrator for an adult with impaired capacity for financial matters to make particular decisions and do particular other things for the adult in relation to the matters; consent to the withholding or withdrawal of a life-sustaining measure and to particular special health care. (sec.8-ssec.3) The Guardianship Act also provides a scheme for health care for adults with impaired capacity for the matter concerned, including an order of priority for dealing with health care. (sec.8-ssec.4) The Powers of Attorney Act provides a scheme by which— by enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal matters at a time when the adult does not have capacity to do those things; and Personal matters do not include special personal matters or special health matters— Powers of Attorney Act , schedule 2 , section 2 . by advance health directive, an adult may make directions for the adult’s future health care; and a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care. (sec.8-ssec.5) If there is an inconsistency between this Act and the Guardianship Act , the Guardianship Act prevails.
This chapter contains provisions relating to the public guardian’s functions and powers for adults with impaired capacity for a matter.
In this chapter— adult means an adult with impaired capacity for a matter. power of attorney means— a general power of attorney made under the Powers of Attorney Act ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act , whether before or after its commencement; or a similar document under the law of another jurisdiction.
The public guardian may do any of the following— give advice to an adult’s attorney, guardian or administrator; by written notice, make an adult’s attorney, guardian or administrator subject to the public guardian’s supervision for a reasonable period if the public guardian believes, on reasonable grounds, it is necessary in the adult’s interests including, for example, because the attorney, guardian or administrator has contravened this Act, the Guardianship Act or duties, though not wilfully; require an attorney who may exercise power for a financial matter for an adult or an adult’s administrator to present a plan of management for approval. An adult’s attorney, guardian or administrator may apply to the tribunal to review the public guardian’s decision relating to the advice, notice or requirement and the tribunal may make the order it considers appropriate. In this section— administrator , in relation to an adult, means the administrator appointed for the adult under the Guardianship Act . attorney , in relation to an adult, means the adult’s attorney authorised under an enduring document or the adult’s statutory health attorney. guardian , in relation to an adult, means the guardian appointed for the adult under the Guardianship Act . (sec.18-ssec.1) The public guardian may do any of the following— give advice to an adult’s attorney, guardian or administrator; by written notice, make an adult’s attorney, guardian or administrator subject to the public guardian’s supervision for a reasonable period if the public guardian believes, on reasonable grounds, it is necessary in the adult’s interests including, for example, because the attorney, guardian or administrator has contravened this Act, the Guardianship Act or duties, though not wilfully; require an attorney who may exercise power for a financial matter for an adult or an adult’s administrator to present a plan of management for approval. (sec.18-ssec.2) An adult’s attorney, guardian or administrator may apply to the tribunal to review the public guardian’s decision relating to the advice, notice or requirement and the tribunal may make the order it considers appropriate. (sec.18-ssec.3) In this section— administrator , in relation to an adult, means the administrator appointed for the adult under the Guardianship Act . attorney , in relation to an adult, means the adult’s attorney authorised under an enduring document or the adult’s statutory health attorney. guardian , in relation to an adult, means the guardian appointed for the adult under the Guardianship Act .
The public guardian may investigate any complaint or allegation that an adult— is being or has been neglected, exploited or abused; or has inappropriate or inadequate decision-making arrangements. The public guardian may investigate a complaint or allegation even after an adult’s death. s 19 amd 2019 No. 9 s 87 (sec.19-ssec.1) The public guardian may investigate any complaint or allegation that an adult— is being or has been neglected, exploited or abused; or has inappropriate or inadequate decision-making arrangements. (sec.19-ssec.2) The public guardian may investigate a complaint or allegation even after an adult’s death.
If the public guardian decides to investigate a complaint or allegation, the public guardian may delegate to an appropriately qualified person the public guardian’s powers under this part, other than the power to give notice under section 25 (1) or 29 . Subsection (1) does not affect the public guardian’s authority to delegate power to someone else under section 146 . A delegate exercising power under this part must, if asked, produce evidence of the delegation. If a delegate is given power to carry out an investigation, the delegate must, after carrying out the investigation, make a written report and give a copy of the report to the public guardian. It is a lawful excuse for the publication of any defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act. A delegate (other than a delegate who is a member of the public guardian’s staff) given power to carry out an investigation is entitled to the remuneration decided by the public guardian. (sec.20-ssec.1) If the public guardian decides to investigate a complaint or allegation, the public guardian may delegate to an appropriately qualified person the public guardian’s powers under this part, other than the power to give notice under section 25 (1) or 29 . (sec.20-ssec.2) Subsection (1) does not affect the public guardian’s authority to delegate power to someone else under section 146 . (sec.20-ssec.3) A delegate exercising power under this part must, if asked, produce evidence of the delegation. (sec.20-ssec.4) If a delegate is given power to carry out an investigation, the delegate must, after carrying out the investigation, make a written report and give a copy of the report to the public guardian. (sec.20-ssec.5) It is a lawful excuse for the publication of any defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act. (sec.20-ssec.6) A delegate (other than a delegate who is a member of the public guardian’s staff) given power to carry out an investigation is entitled to the remuneration decided by the public guardian.
The public guardian may, by written notice to an attorney for an adult who has power for a financial matter or to an administrator for an adult, require that, by the date stated in the notice, the attorney or administrator file with the public guardian a summary of receipts and expenditure, or more detailed accounts of dealings and transactions, for the adult for a specified period. The date by which the summary or accounts must be filed must be a date that the public guardian considers gives the attorney or administrator reasonable time to comply with the notice. The attorney or administrator must comply with the notice, unless the attorney or administrator has a reasonable excuse. Maximum penalty—100 penalty units. The summary or accounts filed may be audited by an auditor appointed by the public guardian. See the Powers of Attorney Act , section 122 (Records and audit) which gives the court similar power in relation to an attorney for a financial matter. This section applies even after an adult’s death. In this section— attorney means an attorney under an enduring power of attorney. s 21 amd 2019 No. 9 s 88 (sec.21-ssec.1) The public guardian may, by written notice to an attorney for an adult who has power for a financial matter or to an administrator for an adult, require that, by the date stated in the notice, the attorney or administrator file with the public guardian a summary of receipts and expenditure, or more detailed accounts of dealings and transactions, for the adult for a specified period. (sec.21-ssec.2) The date by which the summary or accounts must be filed must be a date that the public guardian considers gives the attorney or administrator reasonable time to comply with the notice. (sec.21-ssec.3) The attorney or administrator must comply with the notice, unless the attorney or administrator has a reasonable excuse. Maximum penalty—100 penalty units. (sec.21-ssec.4) The summary or accounts filed may be audited by an auditor appointed by the public guardian. See the Powers of Attorney Act , section 122 (Records and audit) which gives the court similar power in relation to an attorney for a financial matter. (sec.21-ssec.5) This section applies even after an adult’s death. (sec.21-ssec.6) In this section— attorney means an attorney under an enduring power of attorney.
The public guardian has a right to all information necessary to investigate a complaint or allegation, or to carry out an audit, in connection with an adult. In addition, the Powers of Attorney Act , section 81 (Right of attorney to information) gives the public guardian a right to information as an attorney. The public guardian may, by written notice given to a person who has custody or control of the information, require the person— to give the information to the public guardian; and if the person is an attorney or administrator and the information is contained in a document—to give the document to the public guardian; and if the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it. The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. It is a reasonable excuse for a person not to comply with the notice because complying with the notice might tend to incriminate the person. Subject to subsection (4) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information, including a person’s personal information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege. In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. personal information see the Information Privacy Act 2009 , section 12 . s 22 amd 2019 No. 9 s 89 (sec.22-ssec.1) The public guardian has a right to all information necessary to investigate a complaint or allegation, or to carry out an audit, in connection with an adult. In addition, the Powers of Attorney Act , section 81 (Right of attorney to information) gives the public guardian a right to information as an attorney. (sec.22-ssec.2) The public guardian may, by written notice given to a person who has custody or control of the information, require the person— to give the information to the public guardian; and if the person is an attorney or administrator and the information is contained in a document—to give the document to the public guardian; and if the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it. (sec.22-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.22-ssec.4) It is a reasonable excuse for a person not to comply with the notice because complying with the notice might tend to incriminate the person. (sec.22-ssec.5) Subject to subsection (4) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information, including a person’s personal information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege. (sec.22-ssec.6) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. personal information see the Information Privacy Act 2009 , section 12 .
If a person is required to give information to the public guardian under this chapter, the public guardian may, by written notice given to a person, require the person to give the information by statutory declaration. The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units. (sec.23-ssec.1) If a person is required to give information to the public guardian under this chapter, the public guardian may, by written notice given to a person, require the person to give the information by statutory declaration. (sec.23-ssec.2) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units.
This section applies to the giving of information to the public guardian under section 22 or 23 . A person may give the information despite any other law that would otherwise prohibit or restrict the giving of the information. If a person, acting honestly, gives the information to the public guardian, the person is not liable, civilly, criminally or under an administrative process, for giving the information. Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct. Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. In this section— giving , of information contained in a document, includes allowing the document to be inspected and a copy to be taken of it. (sec.24-ssec.1) This section applies to the giving of information to the public guardian under section 22 or 23 . (sec.24-ssec.2) A person may give the information despite any other law that would otherwise prohibit or restrict the giving of the information. (sec.24-ssec.3) If a person, acting honestly, gives the information to the public guardian, the person is not liable, civilly, criminally or under an administrative process, for giving the information. (sec.24-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct. (sec.24-ssec.5) Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. (sec.24-ssec.6) In this section— giving , of information contained in a document, includes allowing the document to be inspected and a copy to be taken of it.
For the performance of adult guardian functions, the public guardian may, by written notice given to a person, require the person to attend before the public guardian at a stated time and place to give information and answer questions, or produce stated documents or things. The person must comply with the notice, unless the person has a reasonable excuse. See section 28 (Self-incrimination not a reasonable excuse). Maximum penalty—100 penalty units. The public guardian may— require the person to take an oath; and administer an oath to the person, or, if technology allowing reasonably contemporaneous and continuous communication is to be used, make the arrangements the public guardian considers appropriate in the circumstances for administering an oath to the person; and allow the person to give information by tendering a written statement, verified, if the public guardian directs, by oath. The person must comply with a requirement under subsection (3) (a) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units. The person is entitled to be paid by the public guardian an amount equivalent to the amount the person would receive under the Court Fees and Allowances Regulation if the person’s attendance before the public guardian were attendance in a Magistrates Court as a witness. In this section— Court Fees and Allowances Regulation means a regulation made under the Supreme Court of Queensland Act 1991 providing for the fees and allowances payable to witnesses attending before a court. (sec.25-ssec.1) For the performance of adult guardian functions, the public guardian may, by written notice given to a person, require the person to attend before the public guardian at a stated time and place to give information and answer questions, or produce stated documents or things. (sec.25-ssec.2) The person must comply with the notice, unless the person has a reasonable excuse. See section 28 (Self-incrimination not a reasonable excuse). Maximum penalty—100 penalty units. (sec.25-ssec.3) The public guardian may— require the person to take an oath; and administer an oath to the person, or, if technology allowing reasonably contemporaneous and continuous communication is to be used, make the arrangements the public guardian considers appropriate in the circumstances for administering an oath to the person; and allow the person to give information by tendering a written statement, verified, if the public guardian directs, by oath. (sec.25-ssec.4) The person must comply with a requirement under subsection (3) (a) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.25-ssec.5) The person is entitled to be paid by the public guardian an amount equivalent to the amount the person would receive under the Court Fees and Allowances Regulation if the person’s attendance before the public guardian were attendance in a Magistrates Court as a witness. (sec.25-ssec.6) In this section— Court Fees and Allowances Regulation means a regulation made under the Supreme Court of Queensland Act 1991 providing for the fees and allowances payable to witnesses attending before a court.
This section applies if, without reasonable excuse, a person fails to comply with a notice given under section 25 . A Magistrates Court, at the request of the public guardian, may issue a subpoena requiring the attendance of the person before the court. The Uniform Civil Procedure Rules 1999 , other than rules 417 , 418 and 420 , apply in relation to the subpoena. See the Uniform Civil Procedure Rules 1999 , chapter 11 , part 4 . The court may require the person to take an oath. The public guardian may examine the person attending before the court under a subpoena issued under subsection (2) . In this section— subpoena means— a subpoena for production; or a subpoena to give evidence; or a subpoena for production and to give evidence. s 26 amd 2023 No. 23 s 172 (sec.26-ssec.1) This section applies if, without reasonable excuse, a person fails to comply with a notice given under section 25 . (sec.26-ssec.2) A Magistrates Court, at the request of the public guardian, may issue a subpoena requiring the attendance of the person before the court. (sec.26-ssec.3) The Uniform Civil Procedure Rules 1999 , other than rules 417 , 418 and 420 , apply in relation to the subpoena. See the Uniform Civil Procedure Rules 1999 , chapter 11 , part 4 . (sec.26-ssec.4) The court may require the person to take an oath. (sec.26-ssec.5) The public guardian may examine the person attending before the court under a subpoena issued under subsection (2) . (sec.26-ssec.6) In this section— subpoena means— a subpoena for production; or a subpoena to give evidence; or a subpoena for production and to give evidence.
This section applies if a person subpoenaed under section 26 attends before a Magistrates Court and without reasonable excuse— refuses to take an oath; or refuses to answer a question put to the person; or fails to give an answer to the court’s satisfaction. The court may treat the person’s refusal or failure as a contempt of court. (sec.27-ssec.1) This section applies if a person subpoenaed under section 26 attends before a Magistrates Court and without reasonable excuse— refuses to take an oath; or refuses to answer a question put to the person; or fails to give an answer to the court’s satisfaction. (sec.27-ssec.2) The court may treat the person’s refusal or failure as a contempt of court.
This section applies to— a person who fails to comply with a notice under section 25 (1) to give information and answer questions or to produce documents or things; or a person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court’s satisfaction. It is not a reasonable excuse for the person to— fail to comply with the notice; or refuse to answer the question or fail to give an answer to the court’s satisfaction; because compliance with the notice, answering the question or giving an answer to the court’s satisfaction might tend to incriminate the person. However, evidence of, or directly or indirectly derived from, information given by a person or a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for an offence about the falsity of the information, answer, document or thing; or if the information, answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or if the information, answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration or licence; or if the information, answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval. (sec.28-ssec.1) This section applies to— a person who fails to comply with a notice under section 25 (1) to give information and answer questions or to produce documents or things; or a person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court’s satisfaction. (sec.28-ssec.2) It is not a reasonable excuse for the person to— fail to comply with the notice; or refuse to answer the question or fail to give an answer to the court’s satisfaction; because compliance with the notice, answering the question or giving an answer to the court’s satisfaction might tend to incriminate the person. (sec.28-ssec.3) However, evidence of, or directly or indirectly derived from, information given by a person or a person’s answer or production of a document or thing that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for an offence about the falsity of the information, answer, document or thing; or if the information, answer or production is relevant to the person’s employment—a proceeding brought by or for the person against the person’s employer; or if the information, answer or production is relevant to the person’s professional registration or licence—a proceeding about the registration or licence; or if the information, answer or production is relevant to the person’s registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.
If— the public guardian undertakes an investigation concerning a financial matter or an audit at the request of a person; and the public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause; the public guardian may, by written notice, require the person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit. If— the public guardian undertakes an investigation concerning a financial matter or an audit; and the public guardian considers the attorney or administrator concerned has contravened this Act, the Guardianship Act or the Powers of Attorney Act ; the public guardian may, by written notice, require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit. The public guardian may, by written notice, require a person who requests an investigation or audit to pay to the public guardian the amount the public guardian considers appropriate as security for a payment under subsection (1) . A person given notice under this section may apply to the tribunal to review the public guardian’s decision to require the payment, or the amount of the payment required, and the tribunal may make the order it considers appropriate. In this section— attorney means an attorney under a power of attorney. (sec.29-ssec.1) If— the public guardian undertakes an investigation concerning a financial matter or an audit at the request of a person; and the public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause; the public guardian may, by written notice, require the person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit. (sec.29-ssec.2) If— the public guardian undertakes an investigation concerning a financial matter or an audit; and the public guardian considers the attorney or administrator concerned has contravened this Act, the Guardianship Act or the Powers of Attorney Act ; the public guardian may, by written notice, require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit. (sec.29-ssec.3) The public guardian may, by written notice, require a person who requests an investigation or audit to pay to the public guardian the amount the public guardian considers appropriate as security for a payment under subsection (1) . (sec.29-ssec.4) A person given notice under this section may apply to the tribunal to review the public guardian’s decision to require the payment, or the amount of the payment required, and the tribunal may make the order it considers appropriate. (sec.29-ssec.5) In this section— attorney means an attorney under a power of attorney.
A person must not obstruct or improperly influence the conduct of an investigation or audit. Maximum penalty—100 penalty units. In this section— influence includes attempt to influence. obstruct includes hinder, resist and attempt to obstruct. (sec.30-ssec.1) A person must not obstruct or improperly influence the conduct of an investigation or audit. Maximum penalty—100 penalty units. (sec.30-ssec.2) In this section— influence includes attempt to influence. obstruct includes hinder, resist and attempt to obstruct.
After the public guardian has carried out an investigation or audit in relation to an adult, the public guardian— must make a written report; and must inform each of the following persons, in a way the public guardian considers appropriate, of the results of the investigation or audit— the person at whose request the investigation or audit was carried out; every attorney, guardian or administrator for the adult; if the adult has died—the adult’s personal representative; and may give a copy of the report to a person mentioned in paragraph (b) . It is a lawful excuse for the publication of a defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act. If an interested person asks to be informed of the results of the investigation or audit, the public guardian must inform the interested person in a way the public guardian considers appropriate. If a report made by the public guardian contains information about a person and the public guardian considers it appropriate to protect the person’s identity, the public guardian may remove, from the copy of the report given under subsection (1) , information likely to result in the person’s identification. In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive. s 31 sub 2019 No. 9 s 90 (sec.31-ssec.1) After the public guardian has carried out an investigation or audit in relation to an adult, the public guardian— must make a written report; and must inform each of the following persons, in a way the public guardian considers appropriate, of the results of the investigation or audit— the person at whose request the investigation or audit was carried out; every attorney, guardian or administrator for the adult; if the adult has died—the adult’s personal representative; and may give a copy of the report to a person mentioned in paragraph (b) . (sec.31-ssec.2) It is a lawful excuse for the publication of a defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act. (sec.31-ssec.3) If an interested person asks to be informed of the results of the investigation or audit, the public guardian must inform the interested person in a way the public guardian considers appropriate. (sec.31-ssec.4) If a report made by the public guardian contains information about a person and the public guardian considers it appropriate to protect the person’s identity, the public guardian may remove, from the copy of the report given under subsection (1) , information likely to result in the person’s identification. (sec.31-ssec.5) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive.
This section applies if— a report contains information about a person but does not identify the person (the de-identified person ); and another person accesses the report. The other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person by a member of the public, or by a member of the section of the public to whom the information is published. Maximum penalty—200 penalty units. However, subsection (2) does not apply if the other person is a person who has access to the report because of being, or an opportunity given by being— a relevant person; or the public guardian; or a member of the public guardian’s staff; or an attorney; or a community visitor; or a person consulted or employed by the public guardian for this Act; or a public guardian’s delegate for an investigation. For the confidentiality requirements for a relevant person, see the Guardianship Act , section 249A . For the confidentiality requirements for an attorney, see the Powers of Attorney Act , section 74A . For the confidentiality requirements for a person mentioned in paragraph (b) , (c) , (e) , (f) or (g) , see section 140 . In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. relevant person see the Guardianship Act , section 246 . (sec.32-ssec.1) This section applies if— a report contains information about a person but does not identify the person (the de-identified person ); and another person accesses the report. (sec.32-ssec.2) The other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person by a member of the public, or by a member of the section of the public to whom the information is published. Maximum penalty—200 penalty units. (sec.32-ssec.3) However, subsection (2) does not apply if the other person is a person who has access to the report because of being, or an opportunity given by being— a relevant person; or the public guardian; or a member of the public guardian’s staff; or an attorney; or a community visitor; or a person consulted or employed by the public guardian for this Act; or a public guardian’s delegate for an investigation. For the confidentiality requirements for a relevant person, see the Guardianship Act , section 249A . For the confidentiality requirements for an attorney, see the Powers of Attorney Act , section 74A . For the confidentiality requirements for a person mentioned in paragraph (b) , (c) , (e) , (f) or (g) , see section 140 . (sec.32-ssec.4) In this section— attorney means— an attorney under a power of attorney; or an attorney under an advance health directive; or a statutory health attorney. relevant person see the Guardianship Act , section 246 .
If the public guardian considers— property of an adult is wrongfully held, detained, converted or injured; or money is payable to the adult; the public guardian, either in the name of the public guardian or the adult, may claim and recover possession of the property, damages for conversion of or injury to the property, or payment of the money, by application to the Supreme Court.
The public guardian may, by written notice to an attorney, suspend the operation of all or some of an attorney’s power for an adult if the public guardian suspects, on reasonable grounds, that the attorney is not competent. An attorney is not competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the attorney has neglected the attorney’s duties or abused the attorney’s powers, whether generally or in relation to a specific power; or the attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act . The suspension may not be for more than 3 months. The public guardian may not— extend the suspension; or suspend the attorney more than once on the same ground arising from the same circumstances. The public guardian may lift the suspension on the terms the public guardian considers appropriate. The attorney whose power has been suspended may apply to the tribunal to review the public guardian’s decision to suspend the attorney or the terms on which the suspension is lifted and the tribunal may make the order it considers appropriate. In this section— attorney means an attorney under an enduring document. s 34 amd 2019 No. 9 s 91 (sec.34-ssec.1) The public guardian may, by written notice to an attorney, suspend the operation of all or some of an attorney’s power for an adult if the public guardian suspects, on reasonable grounds, that the attorney is not competent. (sec.34-ssec.2) An attorney is not competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the attorney has neglected the attorney’s duties or abused the attorney’s powers, whether generally or in relation to a specific power; or the attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act . (sec.34-ssec.3) The suspension may not be for more than 3 months. (sec.34-ssec.4) The public guardian may not— extend the suspension; or suspend the attorney more than once on the same ground arising from the same circumstances. (sec.34-ssec.5) The public guardian may lift the suspension on the terms the public guardian considers appropriate. (sec.34-ssec.6) The attorney whose power has been suspended may apply to the tribunal to review the public guardian’s decision to suspend the attorney or the terms on which the suspension is lifted and the tribunal may make the order it considers appropriate. (sec.34-ssec.7) In this section— attorney means an attorney under an enduring document.
During the suspension of the operation of power of an attorney, the attorney must not exercise the power. Maximum penalty—100 penalty units. During the suspension of the operation of power of an attorney for a personal matter, the public guardian is taken to be the attorney for the adult for the exercise of the power. During the suspension of the operation of power of an attorney for a financial matter, the public trustee is taken to be the attorney for the adult for the exercise of the power. (sec.35-ssec.1) During the suspension of the operation of power of an attorney, the attorney must not exercise the power. Maximum penalty—100 penalty units. (sec.35-ssec.2) During the suspension of the operation of power of an attorney for a personal matter, the public guardian is taken to be the attorney for the adult for the exercise of the power. (sec.35-ssec.3) During the suspension of the operation of power of an attorney for a financial matter, the public trustee is taken to be the attorney for the adult for the exercise of the power.
This section applies if the public guardian considers there are reasonable grounds for suspecting there is an immediate risk of harm, because of neglect (including self neglect), exploitation or abuse, to an adult. The public guardian may apply to the tribunal for a warrant under the Guardianship Act , section 148 to enter a place and to remove the adult. (sec.36-ssec.1) This section applies if the public guardian considers there are reasonable grounds for suspecting there is an immediate risk of harm, because of neglect (including self neglect), exploitation or abuse, to an adult. (sec.36-ssec.2) The public guardian may apply to the tribunal for a warrant under the Guardianship Act , section 148 to enter a place and to remove the adult.
This section applies if a health provider who is treating a person over the age of 18 reasonably considers— the person has impaired capacity for a matter; and the person does not have an attorney, guardian or administrator for the matter. The health provider may advise the public guardian of the following details— the person’s name; the person’s current location and contact address; the contact details for the person’s nearest relative; the health provider’s opinion about the person’s capacity. This section overrides— any restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege. In this section— attorney means an attorney under an enduring document. contact details , for a relative, means the relative’s address and telephone number or a way of contacting the relative. (sec.37-ssec.1) This section applies if a health provider who is treating a person over the age of 18 reasonably considers— the person has impaired capacity for a matter; and the person does not have an attorney, guardian or administrator for the matter. (sec.37-ssec.2) The health provider may advise the public guardian of the following details— the person’s name; the person’s current location and contact address; the contact details for the person’s nearest relative; the health provider’s opinion about the person’s capacity. (sec.37-ssec.3) This section overrides— any restriction, in an Act or under the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege. (sec.37-ssec.4) In this section— attorney means an attorney under an enduring document. contact details , for a relative, means the relative’s address and telephone number or a way of contacting the relative.
The public guardian may consent to the forensic examination of an adult with impaired capacity for consenting to the examination if— the public guardian reasonably considers the examination is in the adult’s best interests; and any of the following apply— no guardian or attorney for the adult is appointed or available to consent for the adult to the examination; any guardian or attorney for the adult who is available has failed to consent; the public guardian reasonably considers the adult’s interests would not be adequately protected if the consent of any guardian or attorney for the adult were sought. a forensic examination to obtain evidence that a criminal offence has been committed against the adult See also the Guardianship Act , section 248A (Protection for person carrying out forensic examination with consent).
In this part— chapter 5B approval means an approval given under the Guardianship and Administration Act 2000 , chapter 5B . s 39 def chapter 5B approval ins 2019 No. 19 s 62 (2) complaint means a complaint about a matter mentioned in section 41 (2) made by or for a consumer at a visitable site. consumer means— for a visitable site that is an authorised mental health service under the Mental Health Act 2016 —any person who lives or receives services at the visitable site; or for a visitable site that is the forensic disability service—any person who lives or receives services at the visitable site; or for another visitable site—an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, who lives or receives services at the visitable site. s 39 def consumer amd 2016 No. 5 s 923 sch 4 forensic disability service means the forensic disability service under the Forensic Disability Act 2011 . funded adult participant means an adult— with impaired capacity for a personal matter or a financial matter, or with an impairment; and who is a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) and has a participant’s plan. s 39 def funded adult participant ins 2019 No. 19 s 62 (2) impairment means a cognitive, intellectual, neurological or psychiatric impairment. private dwelling house means premises at which an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, lives if the premises are used, or used principally, as a separate residence for— if a restrictive practice is being used at the premises in relation to the adult under a chapter 5B approval—the adult and 1 or more of the adult’s relations; or if specialist positive behaviour support is being provided at the premises under the adult’s participant’s plan and the support involves the use of a restrictive practice—the adult and 1 or more of the adult’s relations; or if specialist disability accommodation is being provided at the premises under the adult’s participant’s plan—the adult and 1 or more of the adult’s relations; or if paragraphs (a) , (b) and (c) do not apply—the adult and 1 or more of the adult’s relations, or the adult only. s 39 def private dwelling house sub 2019 No. 19 s 62 (1) – (2) relation , of an adult, means— a person who is related to the adult by blood, spousal relationship, adoption or a foster relationship; or if the adult is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the adult; or if the adult is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the adult. s 39 def relation ins 2019 No. 19 s 62 (2) relevant class of supports means any of the following classes of supports under the National Disability Insurance Scheme Act 2013 (Cwlth) — high intensity daily personal activities; assistance with daily life tasks in a group or shared living arrangement; specialist positive behaviour support that involves the use of a restrictive practice; specialist disability accommodation. s 39 def relevant class of supports ins 2019 No. 19 s 62 (2) specialist disability accommodation means SDA within the meaning of the national disability insurance scheme rules made for the National Disability Insurance Scheme Act 2013 (Cwlth) , section 35 about the funding of SDA. s 39 def specialist disability accommodation ins 2019 No. 19 s 62 (2) specialist positive behaviour support has the same meaning as in the National Disability Insurance Scheme Act 2013 (Cwlth) . s 39 def specialist positive behaviour support ins 2019 No. 19 s 62 (2) visitable site means— an authorised mental health service under the Mental Health Act 2016 that provides inpatient services; or the forensic disability service; or premises, other than a private dwelling house, at which a funded adult participant lives and receives services or supports that— are paid for wholly or partly from funding under the national disability insurance scheme; and are provided under the adult’s participant’s plan; and are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and are within the relevant class of supports; or a place, other than a private dwelling house, that is prescribed under a regulation. s 39 def visitable site amd 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 62 (3) – (4) visitable site document , for a visitable site, means— a document relating to the visitable site, including the visitable site’s records, policies and procedures; or a document relating to a consumer at the visitable site, including a document in the consumer’s personal or medical file, regardless of who owns the file.
The purpose of providing a program involving community visitors (adult) for visitable sites is to protect the rights and interests of consumers at the visitable sites. The public guardian may allocate 1 or more community visitors (adult) for a visitable site. (sec.40-ssec.1) The purpose of providing a program involving community visitors (adult) for visitable sites is to protect the rights and interests of consumers at the visitable sites. (sec.40-ssec.2) The public guardian may allocate 1 or more community visitors (adult) for a visitable site.
A community visitor (adult) has inquiry and complaint functions. The inquiry functions of a community visitor (adult) for a visitable site are to inquire into, and report to the public guardian on— the adequacy of services for the assessment, treatment and support of consumers at the visitable site; and the appropriateness and standard of services for the accommodation, health and wellbeing of consumers at the site; and the extent to which consumers at the site receive services in the way least restrictive of their rights; and the adequacy of information given to consumers at the site about their rights; and the accessibility and effectiveness of procedures for complaints about services for consumers at the site; and at the request of the public guardian, another matter about the visitable site or consumers at the site. The complaint functions of a community visitor (adult) for a visitable site are to— inquire into, and seek to resolve, complaints; and identify and make appropriate and timely referrals of unresolved complaints to appropriate entities for further investigation or resolution; and refer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter. If a community visitor (adult) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a consumer or someone else at a visitable site by using relevant technology, the visitor may discharge the functions or function in that way. In this section— relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively. video conferencing text messaging email s 41 amd 2019 No. 19 s 63 (sec.41-ssec.1) A community visitor (adult) has inquiry and complaint functions. (sec.41-ssec.2) The inquiry functions of a community visitor (adult) for a visitable site are to inquire into, and report to the public guardian on— the adequacy of services for the assessment, treatment and support of consumers at the visitable site; and the appropriateness and standard of services for the accommodation, health and wellbeing of consumers at the site; and the extent to which consumers at the site receive services in the way least restrictive of their rights; and the adequacy of information given to consumers at the site about their rights; and the accessibility and effectiveness of procedures for complaints about services for consumers at the site; and at the request of the public guardian, another matter about the visitable site or consumers at the site. (sec.41-ssec.3) The complaint functions of a community visitor (adult) for a visitable site are to— inquire into, and seek to resolve, complaints; and identify and make appropriate and timely referrals of unresolved complaints to appropriate entities for further investigation or resolution; and refer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter. (sec.41-ssec.4) If a community visitor (adult) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a consumer or someone else at a visitable site by using relevant technology, the visitor may discharge the functions or function in that way. (sec.41-ssec.5) In this section— relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively. video conferencing text messaging email s 41 amd 2019 No. 19 s 63
A community visitor (adult) for a visitable site must regularly visit the visitable site to perform the visitor’s functions. The public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (adult). (sec.42-ssec.1) A community visitor (adult) for a visitable site must regularly visit the visitable site to perform the visitor’s functions. (sec.42-ssec.2) The public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (adult).
A consumer at a visitable site, or a person for the consumer, may— ask the public guardian to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions; or ask a staff member at the visitable site to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions. The following entities may also make a request under subsection (1) (a) or (b) — a consumer’s administrator; a consumer’s attorney under an enduring power of attorney; a consumer’s attorney under an advance health directive; a consumer’s statutory health attorney; a consumer’s guardian; an interested person for the consumer; an organisation that provides advocacy for consumers. If the request is made to a staff member at the visitable site, the staff member must, within 3 business days after the request is made, tell the public guardian about the request. Maximum penalty—40 penalty units. A community visitor (adult) for the visitable site must visit the site as soon as practicable if informed of a request to visit. s 43 amd 2019 No. 9 s 92 (sec.43-ssec.1) A consumer at a visitable site, or a person for the consumer, may— ask the public guardian to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions; or ask a staff member at the visitable site to arrange for a community visitor (adult) to visit the site to perform the visitor’s functions. (sec.43-ssec.2) The following entities may also make a request under subsection (1) (a) or (b) — a consumer’s administrator; a consumer’s attorney under an enduring power of attorney; a consumer’s attorney under an advance health directive; a consumer’s statutory health attorney; a consumer’s guardian; an interested person for the consumer; an organisation that provides advocacy for consumers. (sec.43-ssec.3) If the request is made to a staff member at the visitable site, the staff member must, within 3 business days after the request is made, tell the public guardian about the request. Maximum penalty—40 penalty units. (sec.43-ssec.4) A community visitor (adult) for the visitable site must visit the site as soon as practicable if informed of a request to visit.
A community visitor (adult) for a visitable site may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things— enter the site during normal hours without notice; with the public guardian’s authorisation, enter the site outside normal hours without notice; require a staff member at the site to answer questions, and produce visitable site documents, relevant to the visitor’s functions; inspect and take extracts from, or make copies of, any visitable site document; confer alone with a consumer or a staff member at the site; require a staff member at the site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (e) ; ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions. A person who complies with a requirement under subsection (1) (c) or (f) does not incur any liability, either to the consumer or anyone else, because of the compliance. A person must comply with a requirement under subsection (1) (c) or (f) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units. It is a reasonable excuse for a person not to comply with a requirement under subsection (1) (c) or (f) because compliance with the requirement might tend to incriminate the person. s 44 amd 2019 No. 19 s 64 (sec.44-ssec.1) A community visitor (adult) for a visitable site may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things— enter the site during normal hours without notice; with the public guardian’s authorisation, enter the site outside normal hours without notice; require a staff member at the site to answer questions, and produce visitable site documents, relevant to the visitor’s functions; inspect and take extracts from, or make copies of, any visitable site document; confer alone with a consumer or a staff member at the site; require a staff member at the site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (e) ; ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions. (sec.44-ssec.2) A person who complies with a requirement under subsection (1) (c) or (f) does not incur any liability, either to the consumer or anyone else, because of the compliance. (sec.44-ssec.3) A person must comply with a requirement under subsection (1) (c) or (f) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (sec.44-ssec.4) It is a reasonable excuse for a person not to comply with a requirement under subsection (1) (c) or (f) because compliance with the requirement might tend to incriminate the person.
This section applies if the public guardian considers a community visitor (adult) can not adequately inquire into a complaint by entering a visitable site during normal hours. The public guardian may authorise the visitor to enter the site outside normal hours to inquire into the complaint. In authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised. (sec.45-ssec.1) This section applies if the public guardian considers a community visitor (adult) can not adequately inquire into a complaint by entering a visitable site during normal hours. (sec.45-ssec.2) The public guardian may authorise the visitor to enter the site outside normal hours to inquire into the complaint. (sec.45-ssec.3) In authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised.
To the greatest extent practicable, a community visitor (adult) must seek and take into account the views and wishes of a consumer before— asking a staff member at the visitable site a question relevant to a function of the visitor in relation to the consumer; or inspecting, taking extracts from, or making copies of, a visitable site document relevant to a function of the visitor in relation to the consumer. A consumer’s views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct. However, regardless of the consumer’s views and wishes, the visitor must act in a way consistent with the consumer’s proper care and protection. (sec.46-ssec.1) To the greatest extent practicable, a community visitor (adult) must seek and take into account the views and wishes of a consumer before— asking a staff member at the visitable site a question relevant to a function of the visitor in relation to the consumer; or inspecting, taking extracts from, or making copies of, a visitable site document relevant to a function of the visitor in relation to the consumer. (sec.46-ssec.2) A consumer’s views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct. (sec.46-ssec.3) However, regardless of the consumer’s views and wishes, the visitor must act in a way consistent with the consumer’s proper care and protection.
As soon as practicable after a visit to a visitable site by a community visitor (adult) for the visitable site, the visitor must— prepare a report on the visit; and give a copy of the report to the public guardian. If the visitor entered the site outside normal hours, the visitor must state the authority for the entry in the report. As soon as practicable after receiving a copy of a report in relation to the site, the public guardian must give a copy of the report to a person in charge of the site. The public guardian may also give a copy of the report to any of the following— if the report relates to a complaint—the consumer; the public advocate; the chief psychiatrist under the Mental Health Act 2016 ; the director of forensic disability under the Forensic Disability Act 2011 ; if a restrictive practice is being used at the visitable site under a chapter 5B approval— the tribunal; or a guardian or administrator for a consumer in relation to whom the restrictive practice is used; or the chief executive (disability services); an interested person for the consumer; if the report relates to a visit requested by a person mentioned in section 43 (2) (a) , (b) , (c) , (d) , (e) or (g) —the person who made the request; if the report relates to the provision of services or supports by a registered NDIS provider at the visitable site and section 49A applies to the provider in relation to the services or supports—the NDIS commissioner. s 47 amd 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 65 ; 2019 No. 9 s 93 (sec.47-ssec.1) As soon as practicable after a visit to a visitable site by a community visitor (adult) for the visitable site, the visitor must— prepare a report on the visit; and give a copy of the report to the public guardian. (sec.47-ssec.2) If the visitor entered the site outside normal hours, the visitor must state the authority for the entry in the report. (sec.47-ssec.3) As soon as practicable after receiving a copy of a report in relation to the site, the public guardian must give a copy of the report to a person in charge of the site. (sec.47-ssec.4) The public guardian may also give a copy of the report to any of the following— if the report relates to a complaint—the consumer; the public advocate; the chief psychiatrist under the Mental Health Act 2016 ; the director of forensic disability under the Forensic Disability Act 2011 ; if a restrictive practice is being used at the visitable site under a chapter 5B approval— the tribunal; or a guardian or administrator for a consumer in relation to whom the restrictive practice is used; or the chief executive (disability services); an interested person for the consumer; if the report relates to a visit requested by a person mentioned in section 43 (2) (a) , (b) , (c) , (d) , (e) or (g) —the person who made the request; if the report relates to the provision of services or supports by a registered NDIS provider at the visitable site and section 49A applies to the provider in relation to the services or supports—the NDIS commissioner.
A community visitor (adult) is subject to the public guardian’s directions in the exercise of a power.
A staff member at a visitable site must not open, read, copy or remove any correspondence sent, or being sent, between a community visitor (adult) and a consumer residing at the site, unless the consumer asks the staff member to do so. Maximum penalty—20 penalty units.
This section applies to a registered NDIS provider that provides services or supports to a consumer under the consumer’s participant’s plan at a visitable site if— the services or supports are paid for wholly or partly from funding under the national disability insurance scheme; and the registered NDIS provider is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and the services or supports are within the relevant class of supports. The registered NDIS provider must give the public guardian, in the way and at the times prescribed by regulation, required information that is in the provider’s custody or control, unless the provider has a reasonable excuse. Maximum penalty—25 penalty units. In this section— required information means information about the provision of the services or supports prescribed by regulation. s 49A ins 2019 No. 19 s 66 (sec.49A-ssec.1) This section applies to a registered NDIS provider that provides services or supports to a consumer under the consumer’s participant’s plan at a visitable site if— the services or supports are paid for wholly or partly from funding under the national disability insurance scheme; and the registered NDIS provider is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and the services or supports are within the relevant class of supports. (sec.49A-ssec.2) The registered NDIS provider must give the public guardian, in the way and at the times prescribed by regulation, required information that is in the provider’s custody or control, unless the provider has a reasonable excuse. Maximum penalty—25 penalty units. (sec.49A-ssec.3) In this section— required information means information about the provision of the services or supports prescribed by regulation.
This chapter contains provisions relating to the public guardian’s functions and powers for relevant children and children staying at visitable sites.
In this chapter— authorised mental health service see the Mental Health Act 2016 , schedule 3 . s 51 def authorised mental health service amd 2016 No. 5 s 923 sch 4 boot camp centre ... s 51 def boot camp centre om 2016 No. 38 s 67 (1) child accommodation service means a service the main purpose of which is to provide accommodation, but does not include— the care of children by an approved carer under the Child Protection Act acting in that capacity; or the provision of accommodation to children under residential tenancy agreements under the Residential Tenancies and Rooming Accommodation Act 2008 . child under care , staying at a visitable home, means— a child in the custody or guardianship of the chief executive (child safety) under the Child Protection Act who, under section 82 of that Act, has been placed in the care of someone other than a parent of the child; or a child who, under a care agreement under the Child Protection Act , has been placed in the care of someone other than a parent of the child. corrective services facility see the Corrective Services Act 2006 , schedule 4 . detention centre means a detention centre under the Youth Justice Act 1992 . s 51 def detention centre amd 2023 No. 14 s 52 sch 1 prescribed department means— the child safety department; or the community services department; or the disability services department; or the health department; or the housing department; or the youth justice department. s 51 def prescribed department amd 2019 No. 23 s 47 residential facility means a place at which a child accommodation service is provided— by a prescribed department; or under funding provided by a prescribed department; or under funding provided by the Commonwealth and administered by a prescribed department; or under a licence under the Child Protection Act ; or to a child who is, under the Child Protection Act , in the custody or guardianship of the chief executive (child safety), if the place is prescribed under a regulation for this paragraph; or to a child, under the child’s participant’s plan, for the purpose of providing respite services in relation to the child. s 51 def residential facility amd 2019 No. 19 s 67 visitable home , for a child under care, means— if the child is in the custody or guardianship of the chief executive (child safety) under the Child Protection Act and, under section 82 of that Act, has been placed in the care of someone other than a parent of the child—the home or other accommodation where the child is staying with the other person; or if the child, under a care agreement under the Child Protection Act , has been placed in the care of someone other than a parent of the child—the home or other accommodation where the child is staying with the other person. visitable location means a visitable home or visitable site as defined in this section. visitable site , for a child, means— a residential facility where the child is staying; or a detention centre where the child is staying; or a corrective services facility where the child is staying; or an authorised mental health service where the child is staying. s 51 def visitable site amd 2016 No. 38 s 67 (2) – (3) visitable site document , for a visitable site, means— a document relating to the visitable site, including the visitable site’s records, policies and procedures; or a document relating to a child staying at the visitable site, including a document in the child’s personal or medical file, regardless of who owns the file.
A child is a relevant child if— the child is subject to any of the following— a temporary assessment order under the Child Protection Act , section 27 (1) ; a court assessment order under the Child Protection Act , section 44 ; a temporary custody order under the Child Protection Act , section 51AE ; a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— under a transition order made under section 65A of that Act; or by operation of section 65A (4) of that Act; an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ; a care agreement under the Child Protection Act , section 51ZE ; or the child is the subject of an application for an order mentioned in subsection (1) (a) (i) to (iv) . A child stops being a relevant child if— subject to subsection (3) — the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or subject to subsection (4) , the child turns 18. A child to whom subsection (2) (a) refers continues to be a relevant child if— immediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes— it is appropriate to finish providing the help to the child; or the child— may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or the public guardian believes the child requires particular help to review— a decision ending the order, intervention or agreement; or a decision to withdraw or refuse an application mentioned in subsection (1) (b) . A person to whom subsection (2) (b) refers continues to be a relevant child if— the person asks the public guardian for help in the person’s transition from being a relevant child; and the public guardian is satisfied the person continues to be in need of particular help for the transition. A person stops being a relevant child under subsection (3) or (4) when the public guardian— has finished providing the particular help mentioned in subsection (3) (a) or (b) or (4) (b) ; and advises the person that he or she is no longer a relevant child for this Act. s 52 amd 2017 No. 17 s 214 (sec.52-ssec.1) A child is a relevant child if— the child is subject to any of the following— a temporary assessment order under the Child Protection Act , section 27 (1) ; a court assessment order under the Child Protection Act , section 44 ; a temporary custody order under the Child Protection Act , section 51AE ; a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— under a transition order made under section 65A of that Act; or by operation of section 65A (4) of that Act; an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ; a care agreement under the Child Protection Act , section 51ZE ; or the child is the subject of an application for an order mentioned in subsection (1) (a) (i) to (iv) . (sec.52-ssec.2) A child stops being a relevant child if— subject to subsection (3) — the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or subject to subsection (4) , the child turns 18. (sec.52-ssec.3) A child to whom subsection (2) (a) refers continues to be a relevant child if— immediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes— it is appropriate to finish providing the help to the child; or the child— may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or the public guardian believes the child requires particular help to review— a decision ending the order, intervention or agreement; or a decision to withdraw or refuse an application mentioned in subsection (1) (b) . (sec.52-ssec.4) A person to whom subsection (2) (b) refers continues to be a relevant child if— the person asks the public guardian for help in the person’s transition from being a relevant child; and the public guardian is satisfied the person continues to be in need of particular help for the transition. (sec.52-ssec.5) A person stops being a relevant child under subsection (3) or (4) when the public guardian— has finished providing the particular help mentioned in subsection (3) (a) or (b) or (4) (b) ; and advises the person that he or she is no longer a relevant child for this Act. s 52 amd 2017 No. 17 s 214
A parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child. However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child. A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child. A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child. (sec.53-ssec.1) A parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child. (sec.53-ssec.2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child. (sec.53-ssec.3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child. (sec.53-ssec.4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.
To the greatest extent practicable, the public guardian or another entity who performs a child advocate function or exercises a power under this Act in relation to a child must seek, and take into account, the views and wishes of the child when performing the function or exercising the power. The child’s views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct. The child’s views and wishes should be taken into account in a way that has regard to the child’s age and maturity. In this section— child means a relevant child or a child staying at a visitable site. (sec.54-ssec.1) To the greatest extent practicable, the public guardian or another entity who performs a child advocate function or exercises a power under this Act in relation to a child must seek, and take into account, the views and wishes of the child when performing the function or exercising the power. (sec.54-ssec.2) The child’s views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct. (sec.54-ssec.3) The child’s views and wishes should be taken into account in a way that has regard to the child’s age and maturity. (sec.54-ssec.4) In this section— child means a relevant child or a child staying at a visitable site.
The purpose of providing a program involving community visitors (child) for visitable locations is to protect the rights and interests of children staying at visitable locations. The public guardian may allocate 1 or more community visitors (child) for a visitable location. (sec.55-ssec.1) The purpose of providing a program involving community visitors (child) for visitable locations is to protect the rights and interests of children staying at visitable locations. (sec.55-ssec.2) The public guardian may allocate 1 or more community visitors (child) for a visitable location.
A community visitor (child) has the following functions relating to a child under care staying at a visitable home or a child staying at a visitable site— to develop a trusting and supportive relationship with the child, so far as is possible; to advocate on behalf of the child by listening to, giving voice to, and facilitating the resolution of, the child’s concerns and grievances; to seek information about, and facilitate access by the child to, support services appropriate to the child’s needs provided by service providers; to inquire into and report on the adequacy of information given to the child about the child’s rights; to inquire into and report on the physical and emotional wellbeing of the child; for a visitable home— to inspect the home and report on its appropriateness for the accommodation of the child; and to ensure the child’s needs are being met by persons caring for the child at the home; for a visitable site— to inspect the site and report on its appropriateness for the accommodation of the child or the delivery of services to the child, having regard to relevant State and Commonwealth laws, policies and standards; and to ensure the child’s needs are being met by staff members at the site; at the request of the public guardian, to inquire into and report on any other matter relating to a child under care staying at a visitable home or a child staying at a visitable site. A community visitor (child) may perform any other child advocate function if directed by the public guardian. A community visitor (child) also has the function of giving advice and reports to the public guardian about anything relating to the visitor’s functions and powers. Without limiting subsection (1) (b) , the function of a community visitor (child) mentioned in that subsection includes referring a matter in relation to a child’s concerns and grievances to the NDIS commissioner if the visitor considers the NDIS commissioner has functions in relation to the matter. If a community visitor (child) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a child or someone else at a visitable home or visitable site by using relevant technology, the visitor may discharge the functions or function in that way. In this section— relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively. video conferencing text messaging email service provider includes an entity providing a service under an arrangement that involves a written agreement to which a service provider is a party. services provided to children under foster care arrangements s 56 amd 2019 No. 19 s 68 (sec.56-ssec.1) A community visitor (child) has the following functions relating to a child under care staying at a visitable home or a child staying at a visitable site— to develop a trusting and supportive relationship with the child, so far as is possible; to advocate on behalf of the child by listening to, giving voice to, and facilitating the resolution of, the child’s concerns and grievances; to seek information about, and facilitate access by the child to, support services appropriate to the child’s needs provided by service providers; to inquire into and report on the adequacy of information given to the child about the child’s rights; to inquire into and report on the physical and emotional wellbeing of the child; for a visitable home— to inspect the home and report on its appropriateness for the accommodation of the child; and to ensure the child’s needs are being met by persons caring for the child at the home; for a visitable site— to inspect the site and report on its appropriateness for the accommodation of the child or the delivery of services to the child, having regard to relevant State and Commonwealth laws, policies and standards; and to ensure the child’s needs are being met by staff members at the site; at the request of the public guardian, to inquire into and report on any other matter relating to a child under care staying at a visitable home or a child staying at a visitable site. (sec.56-ssec.2) A community visitor (child) may perform any other child advocate function if directed by the public guardian. (sec.56-ssec.3) A community visitor (child) also has the function of giving advice and reports to the public guardian about anything relating to the visitor’s functions and powers. (sec.56-ssec.4) Without limiting subsection (1) (b) , the function of a community visitor (child) mentioned in that subsection includes referring a matter in relation to a child’s concerns and grievances to the NDIS commissioner if the visitor considers the NDIS commissioner has functions in relation to the matter. (sec.56-ssec.5) If a community visitor (child) reasonably considers that the visitor can discharge the visitor’s functions or a particular function by contacting a child or someone else at a visitable home or visitable site by using relevant technology, the visitor may discharge the functions or function in that way. (sec.56-ssec.6) In this section— relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively. video conferencing text messaging email service provider includes an entity providing a service under an arrangement that involves a written agreement to which a service provider is a party. services provided to children under foster care arrangements
The public guardian may direct a community visitor (child) to visit a child under care staying at a visitable home. In deciding whether to direct a community visitor (child) to visit a child under care at a visitable home, the public guardian may have regard to the following matters— the child’s age; the number of children staying at the home; the appropriateness of the accommodation at the home; whether the chief executive (child safety) has a reasonable suspicion under the Child Protection Act , section 14 that the child is in need of protection; the number of visitable locations the child has stayed at; whether the child has moved out of visitable locations without the approval of the chief executive (child safety); the child’s cultural or linguistic background; whether, under the Youth Justice Act 1992 — a caution has been administered to the child; or an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or an opportunity to attend a program has been offered to the child; or other action has been taken against the child; any other matter the public guardian considers relevant, including, for example, any physical disability or impairment. The public guardian may decide the regularity or frequency of visits to the child. In this section— impairment means a cognitive, intellectual, neurological or psychiatric impairment. s 57 amd 2016 No. 39 s 37 sch 1 (sec.57-ssec.1) The public guardian may direct a community visitor (child) to visit a child under care staying at a visitable home. (sec.57-ssec.2) In deciding whether to direct a community visitor (child) to visit a child under care at a visitable home, the public guardian may have regard to the following matters— the child’s age; the number of children staying at the home; the appropriateness of the accommodation at the home; whether the chief executive (child safety) has a reasonable suspicion under the Child Protection Act , section 14 that the child is in need of protection; the number of visitable locations the child has stayed at; whether the child has moved out of visitable locations without the approval of the chief executive (child safety); the child’s cultural or linguistic background; whether, under the Youth Justice Act 1992 — a caution has been administered to the child; or an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or an opportunity to attend a program has been offered to the child; or other action has been taken against the child; any other matter the public guardian considers relevant, including, for example, any physical disability or impairment. (sec.57-ssec.3) The public guardian may decide the regularity or frequency of visits to the child. (sec.57-ssec.4) In this section— impairment means a cognitive, intellectual, neurological or psychiatric impairment.
A community visitor (child) for a visitable site must regularly visit the visitable site to perform the visitor’s functions. The public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (child). (sec.58-ssec.1) A community visitor (child) for a visitable site must regularly visit the visitable site to perform the visitor’s functions. (sec.58-ssec.2) The public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (child).
A child under care staying at a visitable home may— ask the public guardian to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or ask an authorised officer under the Child Protection Act to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or ask a carer of the child to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or inform a carer of the child that the child wishes to communicate with a particular community visitor (child). If subsection (1) (b) applies, the authorised officer must tell the public guardian about the request as soon as practicable. If subsection (1) (c) applies, the carer must tell the public guardian about the request as soon as practicable. If subsection (1) (d) applies, the carer must take reasonable steps to inform the particular visitor about the request as soon as practicable. A community visitor (child) must comply with a request to visit the child at the visitable home, or communicate with the child, as soon as practicable after being informed of the request. A person does not commit an offence only by failing to comply with subsection (2) , (3) , (4) or (5) . (sec.59-ssec.1) A child under care staying at a visitable home may— ask the public guardian to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or ask an authorised officer under the Child Protection Act to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or ask a carer of the child to arrange for a community visitor (child) to visit the home to perform the visitor’s functions; or inform a carer of the child that the child wishes to communicate with a particular community visitor (child). (sec.59-ssec.2) If subsection (1) (b) applies, the authorised officer must tell the public guardian about the request as soon as practicable. (sec.59-ssec.3) If subsection (1) (c) applies, the carer must tell the public guardian about the request as soon as practicable. (sec.59-ssec.4) If subsection (1) (d) applies, the carer must take reasonable steps to inform the particular visitor about the request as soon as practicable. (sec.59-ssec.5) A community visitor (child) must comply with a request to visit the child at the visitable home, or communicate with the child, as soon as practicable after being informed of the request. (sec.59-ssec.6) A person does not commit an offence only by failing to comply with subsection (2) , (3) , (4) or (5) .
A child staying at a visitable site may— ask the public guardian to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or ask a staff member of the site to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or inform a staff member of the site that the child wishes to communicate with a particular community visitor (child). If subsection (1) (b) applies, the staff member must tell the public guardian about the request as soon as practicable. Maximum penalty—40 penalty units. If subsection (1) (c) applies, the staff member must take reasonable steps to inform the particular visitor about the request as soon as practicable. Maximum penalty—40 penalty units. A community visitor (child) must comply with a request to visit a site, or communicate with a child staying at a site, as soon as practicable after being informed of the request. A community visitor (child) does not commit an offence only by failing to comply with subsection (4) . (sec.60-ssec.1) A child staying at a visitable site may— ask the public guardian to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or ask a staff member of the site to arrange for a community visitor (child) to visit the site to perform the visitor’s functions; or inform a staff member of the site that the child wishes to communicate with a particular community visitor (child). (sec.60-ssec.2) If subsection (1) (b) applies, the staff member must tell the public guardian about the request as soon as practicable. Maximum penalty—40 penalty units. (sec.60-ssec.3) If subsection (1) (c) applies, the staff member must take reasonable steps to inform the particular visitor about the request as soon as practicable. Maximum penalty—40 penalty units. (sec.60-ssec.4) A community visitor (child) must comply with a request to visit a site, or communicate with a child staying at a site, as soon as practicable after being informed of the request. (sec.60-ssec.5) A community visitor (child) does not commit an offence only by failing to comply with subsection (4) .
A community visitor (child) may enter a visitable home at which a child under care is staying if— a carer staying at the home consents to the entry; or the entry is authorised by a warrant. For the purpose of asking a person who is a carer staying at a visitable home for consent to enter, a visitor may, without the person’s consent or a warrant— enter land around the home to an extent that is reasonable to contact the person; or enter part of the home the visitor reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person. (sec.61-ssec.1) A community visitor (child) may enter a visitable home at which a child under care is staying if— a carer staying at the home consents to the entry; or the entry is authorised by a warrant. (sec.61-ssec.2) For the purpose of asking a person who is a carer staying at a visitable home for consent to enter, a visitor may, without the person’s consent or a warrant— enter land around the home to an extent that is reasonable to contact the person; or enter part of the home the visitor reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.
This section applies if a community visitor (child) intends to ask a person who is a carer staying at a visitable home to consent to the visitor entering the home under section 61 (1) (a) . Before asking for the consent, the visitor must tell the person— the purpose of the entry; and that the person is not required to consent. If the consent is given, the visitor may ask the person to sign an acknowledgement of the consent. The acknowledgement must state— that the person has been told— the purpose of the entry; and that the person is not required to consent; and the purpose of the entry; and that the person gives the visitor consent to enter the visitable home and exercise powers under this subdivision; and the time and date the consent was given. If the person signs the acknowledgement, the visitor must immediately give a copy to the person. If— an issue arises in a proceeding about whether a person who was a carer staying at a visitable home consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove a person mentioned in paragraph (a) consented. (sec.62-ssec.1) This section applies if a community visitor (child) intends to ask a person who is a carer staying at a visitable home to consent to the visitor entering the home under section 61 (1) (a) . (sec.62-ssec.2) Before asking for the consent, the visitor must tell the person— the purpose of the entry; and that the person is not required to consent. (sec.62-ssec.3) If the consent is given, the visitor may ask the person to sign an acknowledgement of the consent. (sec.62-ssec.4) The acknowledgement must state— that the person has been told— the purpose of the entry; and that the person is not required to consent; and the purpose of the entry; and that the person gives the visitor consent to enter the visitable home and exercise powers under this subdivision; and the time and date the consent was given. (sec.62-ssec.5) If the person signs the acknowledgement, the visitor must immediately give a copy to the person. (sec.62-ssec.6) If— an issue arises in a proceeding about whether a person who was a carer staying at a visitable home consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove a person mentioned in paragraph (a) consented.
The public guardian may apply to a magistrate for a warrant for a visitable home at which a child under care is staying. The application must be sworn and state the grounds on which the warrant is sought. The magistrate may refuse to consider the application until the public guardian gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. (sec.63-ssec.1) The public guardian may apply to a magistrate for a warrant for a visitable home at which a child under care is staying. (sec.63-ssec.2) The application must be sworn and state the grounds on which the warrant is sought. (sec.63-ssec.3) The magistrate may refuse to consider the application until the public guardian gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.
The magistrate may issue a warrant only if the magistrate is satisfied a community visitor (child) can not properly carry out 1 or more of the visitor’s functions in relation to the child without gaining entry to the visitable home. The warrant must state— that a named community visitor (child) may, with necessary and reasonable help and force— enter the visitable home and any other place necessary for entry; and exercise the visitor’s powers under this subdivision; and the hours of the day or night when the home may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends. (sec.64-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied a community visitor (child) can not properly carry out 1 or more of the visitor’s functions in relation to the child without gaining entry to the visitable home. (sec.64-ssec.2) The warrant must state— that a named community visitor (child) may, with necessary and reasonable help and force— enter the visitable home and any other place necessary for entry; and exercise the visitor’s powers under this subdivision; and the hours of the day or night when the home may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.
This section applies if a community visitor (child) named in a warrant issued under section 64 for a visitable home is intending to enter the home under the warrant. Before entering the home, the visitor must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is a carer staying at the visitable home by producing the visitor’s identity card; give the person a copy of the warrant; tell the person the visitor is permitted by the warrant to enter the home; give the person an opportunity to allow the visitor immediate entry to the home without using force. (sec.65-ssec.1) This section applies if a community visitor (child) named in a warrant issued under section 64 for a visitable home is intending to enter the home under the warrant. (sec.65-ssec.2) Before entering the home, the visitor must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is a carer staying at the visitable home by producing the visitor’s identity card; give the person a copy of the warrant; tell the person the visitor is permitted by the warrant to enter the home; give the person an opportunity to allow the visitor immediate entry to the home without using force.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Public Guardian Act 2014 .
This Act, other than sections 252 , 254 and chapter 8 , part 17 , commences on 1 July 2014. Sections 252 and 254 commence on assent. Chapter 8 , part 17 commences on the commencement of the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 , section 26 . (sec.2-ssec.1) This Act, other than sections 252 , 254 and chapter 8 , part 17 , commences on 1 July 2014. (sec.2-ssec.2) Sections 252 and 254 commence on assent. (sec.2-ssec.3) Chapter 8 , part 17 commences on the commencement of the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 , section 26 .
The dictionary in schedule 1 defines particular words used in this Act.
This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
The purpose of this Act is to establish the public guardian to promote and protect the rights and interests of— adults with impaired capacity for a matter; and relevant children and children staying at visitable sites.
The principles to be applied by persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity for the matter are— the general principles stated in the Guardianship Act , section 11B (the general principles ); and for a health matter—the general principles and the health care principles stated in the Guardianship Act , section 11C (the health care principles ). Persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity must also have regard to the acknowledgements stated in the Guardianship Act , section 5 when performing the functions or exercising the powers. s 6 amd 2019 No. 9 s 86 (sec.6-ssec.1) The principles to be applied by persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity for the matter are— the general principles stated in the Guardianship Act , section 11B (the general principles ); and for a health matter—the general principles and the health care principles stated in the Guardianship Act , section 11C (the health care principles ). (sec.6-ssec.2) Persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity must also have regard to the acknowledgements stated in the Guardianship Act , section 5 when performing the functions or exercising the powers.
The main principle to be applied by persons performing functions or exercising powers under this Act in relation to a relevant child or a child staying at a visitable site is that the best interests of the child are paramount. The persons must also apply the following general principles when performing functions or exercising powers under this Act in relation to the child— the child’s family has primary responsibility for the child’s upbringing and development and should be supported in that role; the child is a valued member of society; the child is— to be treated in a way that respects the child’s dignity and privacy; and to be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential; the child’s emotional, moral, social and intellectual development is important and must be taken into account; the child is entitled to be heard, even if others may not agree with the views expressed by the child; the child should be able to exercise his or her rights and participate in decisions that affect his or her life; the child should be able to access available services necessary to meet his or her needs; an ongoing relationship between the child and the child’s family is important for the child’s welfare and wellbeing and must be taken into account; an ongoing connection with the child’s culture, traditions, language and community is important for the child’s welfare and wellbeing and must be taken into account. (sec.7-ssec.1) The main principle to be applied by persons performing functions or exercising powers under this Act in relation to a relevant child or a child staying at a visitable site is that the best interests of the child are paramount. (sec.7-ssec.2) The persons must also apply the following general principles when performing functions or exercising powers under this Act in relation to the child— the child’s family has primary responsibility for the child’s upbringing and development and should be supported in that role; the child is a valued member of society; the child is— to be treated in a way that respects the child’s dignity and privacy; and to be cared for in a way that protects the child from harm, promotes the child’s wellbeing and allows the child to reach his or her full potential; the child’s emotional, moral, social and intellectual development is important and must be taken into account; the child is entitled to be heard, even if others may not agree with the views expressed by the child; the child should be able to exercise his or her rights and participate in decisions that affect his or her life; the child should be able to access available services necessary to meet his or her needs; an ongoing relationship between the child and the child’s family is important for the child’s welfare and wellbeing and must be taken into account; an ongoing connection with the child’s culture, traditions, language and community is important for the child’s welfare and wellbeing and must be taken into account.
This Act, to the extent it relates to an adult with impaired capacity for a matter, is to be read in conjunction with the Guardianship Act and the Powers of Attorney Act . The Guardianship Act provides a scheme by which the tribunal may do the following— appoint a guardian for an adult with impaired capacity for personal matters to make particular decisions and do particular other things for the adult in relation to the matters; appoint an administrator for an adult with impaired capacity for financial matters to make particular decisions and do particular other things for the adult in relation to the matters; consent to the withholding or withdrawal of a life-sustaining measure and to particular special health care. The Guardianship Act also provides a scheme for health care for adults with impaired capacity for the matter concerned, including an order of priority for dealing with health care. The Powers of Attorney Act provides a scheme by which— by enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal matters at a time when the adult does not have capacity to do those things; and Personal matters do not include special personal matters or special health matters— Powers of Attorney Act , schedule 2 , section 2 . by advance health directive, an adult may make directions for the adult’s future health care; and a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care. If there is an inconsistency between this Act and the Guardianship Act , the Guardianship Act prevails. (sec.8-ssec.1) This Act, to the extent it relates to an adult with impaired capacity for a matter, is to be read in conjunction with the Guardianship Act and the Powers of Attorney Act . (sec.8-ssec.2) The Guardianship Act provides a scheme by which the tribunal may do the following— appoint a guardian for an adult with impaired capacity for personal matters to make particular decisions and do particular other things for the adult in relation to the matters; appoint an administrator for an adult with impaired capacity for financial matters to make particular decisions and do particular other things for the adult in relation to the matters; consent to the withholding or withdrawal of a life-sustaining measure and to particular special health care. (sec.8-ssec.3) The Guardianship Act also provides a scheme for health care for adults with impaired capacity for the matter concerned, including an order of priority for dealing with health care. (sec.8-ssec.4) The Powers of Attorney Act provides a scheme by which— by enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal matters at a time when the adult does not have capacity to do those things; and Personal matters do not include special personal matters or special health matters— Powers of Attorney Act , schedule 2 , section 2 . by advance health directive, an adult may make directions for the adult’s future health care; and a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care. (sec.8-ssec.5) If there is an inconsistency between this Act and the Guardianship Act , the Guardianship Act prevails.
This chapter contains provisions relating to the public guardian’s functions and powers for adults with impaired capacity for a matter.
In this chapter— adult means an adult with impaired capacity for a matter. power of attorney means— a general power of attorney made under the Powers of Attorney Act ; or an enduring power of attorney; or a power of attorney made otherwise than under the Powers of Attorney Act , whether before or after its commencement; or a similar document under the law of another jurisdiction.
The public guardian may do any of the following— give advice to an adult’s attorney, guardian or administrator; by written notice, make an adult’s attorney, guardian or administrator subject to the public guardian’s supervision for a reasonable period if the public guardian believes, on reasonable grounds, it is necessary in the adult’s interests including, for example, because the attorney, guardian or administrator has contravened this Act, the Guardianship Act or duties, though not wilfully; require an attorney who may exercise power for a financial matter for an adult or an adult’s administrator to present a plan of management for approval. An adult’s attorney, guardian or administrator may apply to the tribunal to review the public guardian’s decision relating to the advice, notice or requirement and the tribunal may make the order it considers appropriate. In this section— administrator , in relation to an adult, means the administrator appointed for the adult under the Guardianship Act . attorney , in relation to an adult, means the adult’s attorney authorised under an enduring document or the adult’s statutory health attorney. guardian , in relation to an adult, means the guardian appointed for the adult under the Guardianship Act . (sec.18-ssec.1) The public guardian may do any of the followi
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