Australian Capital Territory Numbered Acts

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 (NO. 62 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Guardianship and Management of Property Act 1991.  
   2.      Commencement  
   3.      Principles to be observed  
   5.      Limits on findings of disability  
   6.      Jurisdiction of the Supreme Court not affected  

   PART II--GUARDIANS AND MANAGERS

   7.      Appointment and powers of guardians  
   8.      Appointment and powers of managers  
   9.      Who may be appointed  
   10.     Considerations affecting appointment  
   11.     Powers to be least restrictive  
   12.     Recognition of interstate etc. guardians and managers  
   13.     Authority of guardian or manager  
   14.     Obligations  
   15.     Fees and expenses  
   16.     (1) The Tribunal may, on application, give a direction to a guardian or manager about the exercise of his or her powers or the performance of his or her duties or functions.  
   17.     Restrictions on Tribunal's power to give directions  
   18.     Advice by Tribunal  
   19.     Regular review etc.  
   20.     Access to records  
   21.     Payments for maintenance etc.  
   22.     Receipt of money  
   23.     Execution of instruments  
   24.     Investments  
   25.     Real estate  
   26.     Accounts  
   27.     Examination of accounts  
   28.     Resignation  
   29.     Death of represented person  
   30.     Manager may act until notified of discharge etc.  
   31.     Removal by Tribunal  
   32.     Surviving or substitute guardians etc.  

   PART III--INQUIRIES BY TRIBUNAL

   33.     The Tribunal shall not make an order unless it has held an inquiry into the relevant matter.  
   34.     Sittings  
   35.     Notice of inquiry  
   36.     Appearance and representation  
   37.     Conduct of inquiry  
   38.     Evidence  
   39.     Authority for medical or other examinations  
   40.     Assistance for Tribunal  
   41.     Power to obtain information and documents  
   42.     Retention of documents  
   43.     Form of orders  
   44.     Proof of orders  
   45.     Obtaining reasons for decisions  
   46.     Withdrawal of applications  
   47.     Costs  
   48.     (1) Where the President is satisfied that a person is substantially disrupting the conduct of an inquiry, the President may order the person to leave the place where the inquiry is being held.  
   49.     Prohibited publications  
   50.     Failure to answer questions etc.  
   51.     Failure to attend before Tribunal  
   52.     Refusing to be sworn etc.  
   53.     False information etc.  
   54.     Influencing participants in inquiry  
   55.     Obstructing Tribunal  
   56.     (1) An appeal to the Supreme Court from an order, direction or decision of the Tribunal may be brought by a person—  

   PART IV--GUARDIANSHIP AND MANAGEMENT OF PROPERTY TRIBUNAL

   57.     Establishment  
   58.     Membership  
   59.     Constitution for exercise of powers  
   60.     Determination of questions  
   61.     Expenses  
   62.     Resignation  
   63.     Acting members  
   64.     Staff  
   65.     Protection of members etc.  
   66.     Secrecy  

   PART V--MISCELLANEOUS EMERGENCY APPOINTMENTS

   67.     (1) The Tribunal may—  
   68.     Emergency removal of disabled persons  
   69.     Capacity to consent to medical etc. procedures  
   70.     Tribunal may consent to prescribed medical procedures  
   71.     Power to adjust transactions  
   72.     Injunctions to restrain dealings  
   73.     Conduct of directors, servants and agents  
   74.     Corporations—penalties  
   75.     Determination of fees  
   76.     Annual report  
   77.     Regulations