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This is a Bill, not an Act. For current law, see the Acts databases.
2022
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Guardianship and Management of Property Amendment Bill 2022
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Guardianship and Management of Property Amendment Act 2022
.
2 Commencement
This Act commences on 1 January 2023.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
3 Legislation amended
This Act amends the
.
4 Principles to be followed by decision-makers
New section 4 (2)
(aa)
before paragraph (a), insert
(aa) the decision-maker must provide or facilitate, as far as practicable, support necessary for the protected person to understand the decision to be made, participate in decision-making and communicate their wishes;
5 Section 4 (2) (c)
after
cannot be
insert
worked out or
6 Appointment and powers of guardians
New section 7 (1A)
after the notes, insert
(1A) In considering subsection (1) (c), the ACAT must consider—
(a) if support necessary for the protected person to make, participate in and communicate their own decisions were to be provided or facilitated—if it is reasonably likely the person’s—
(i) needs would be met; and
(ii) interests would be adequately protected; and
(b) if it is reasonably likely that the necessary support can be provided or facilitated.
7 Appointment and powers of managers
New section 8 (1A)
insert
(1A) In considering subsection (1) (c), the ACAT must consider—
(a) if support necessary for the protected person to make, participate in and communicate their own decisions were to be provided or facilitated—if it is reasonably likely the person’s—
(i) needs would be met; and
(ii) interests would be adequately protected; and
(b) if it is reasonably likely that the necessary support can be provided or facilitated.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 21 September 2022.
2 Notification
Notified under the
on 2022.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2022
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