New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 3

3 Definitions

(1) In this Act:

"authorised officer" , in relation to any provision of this Act, means:

(a) an employee who is declared to be an authorised officer for the purposes of that provision, or

(b) an employee who belongs to a class of employees who are declared to be authorised officers for the purposes of that provision,

by an order in force under subsection (3).

"child" means a person who is under the age of 18 years.

"Department" means the Department of Family and Community Services.

"employee" means a Public Service employee who is employed to enable the Tribunal to exercise its functions in the Guardianship Division of the Tribunal.

"enduring guardian" means a person appointed as an enduring guardian under Part 2.

"estate" of a person means the property and affairs of the person.

"exempt premises" means:

(a) the premises of:

(i) a government school or non-government school within the meaning of the Education Act 1990 ,

(ii) a private health facility licensed under the Private Health Facilities Act 2007 or a nursing home within the meaning of the Public Health Act 2010 ,

(iii) a mental health facility within the meaning of the Mental Health Act 2007 ,

(iv) a statutory health corporation or affiliated health organisation under the Health Services Act 1997 , or

(v) a public hospital or health service under the control of a local health district constituted under the Health Services Act 1997 ,

(b) any premises belonging to a class of premises prescribed by the regulations, or

(c) in relation to any provision of this Act, any premises declared to be exempt premises for the purposes of that provision by an order in force under subsection (4).

"guardian" means a person who is, whether under this Act or any other Act or law, a guardian of the person of some other person (other than a child who is under the age of 16 years), and includes an enduring guardian.

"guardianship order" means an order referred to in section 14.

"NSW Trustee" means the NSW Trustee and Guardian constituted under the NSW Trustee and Guardian Act 2009 .

"person in need of a guardian" means a person who, because of a disability, is totally or partially incapable of managing his or her person.

"person under guardianship" means a person who has a guardian within the meaning of this Act.

"premises" includes any land, building, vehicle or vessel.

"proprietor" , in relation to premises, means:

(a) if the premises are not leased--the owner, or (if there is more than one owner) any of the owners, of the premises, or

(b) if the premises are leased--the lessee, or (if there is more than one lessee) any of the lessees, who is entitled to immediate possession of the premises.

"Public Guardian" means the Public Guardian referred to in section 77.

"Secretary" means the Secretary of the Department.

"spouse" means:

(a) the person to whom a person is legally married (including the husband or wife of a person), or

(b) a de facto partner,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

"Tribunal" means the Civil and Administrative Tribunal.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act, a reference to a person who has a disability is a reference to a person:

(a) who is intellectually, physically, psychologically or sensorily disabled,

(b) who is of advanced age,

(c) who is a mentally ill person within the meaning of the Mental Health Act 2007 , or

(d) who is otherwise disabled,

and who, by virtue of that fact, is restricted in one or more major life activities to such an extent that he or she requires supervision or social habilitation.

(3) For the purposes of the definition of
"authorised officer" in subsection (1), the Minister may, by order published in the Gazette:

(a) declare any employee to be an authorised officer, or

(b) declare any class of employees to be authorised officers,

for the purposes of any provision of this Act.

(4) For the purposes of paragraph (c) of the definition of
"exempt premises" in subsection (1), the Minister may, by order published in the Gazette, declare any premises to be exempt premises for the purposes of any provision of this Act.

(6) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.