Northern Territory Repealed Regulations

This legislation has been repealed.

ADVANCE PERSONAL PLANNING REGULATIONS 2014

NORTHERN TERRITORY OF AUSTRALIA

ADVANCE PERSONAL PLANNING REGULATIONS 2014

As in force at 5 August 2020

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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As in force at 5 August 2020

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ADVANCE PERSONAL PLANNING REGULATIONS 2014

Regulations under the Advance Personal Planning Act 2013

1. Citation

These Regulations may be cited as the Advance Personal Planning Regulations 2014.

1. Requirements for advance personal plan

(1) For section 9(2)(b) of the Act, an advance personal plan made by an adult must contain the information required by this regulation.

(2) The advance personal plan must contain the adult's:

(a) full name; and

(b) date of birth; and

(c) residential address.

(3) If the advance personal plan appoints one or more decision makers, it must contain each decision maker's:

(a) full name; and

(b) residential address; and

(c) phone number (if any); and

(d) email address (if any).

1. Authorised witnesses

(1) For section 10(5)(b) of the Act, each of the following is an authorised witness:

(a) an accountant;

(b) the chief executive officer of a local government council;

(c) a health practitioner;

(d) a social worker;

(e) the principal of a Northern Territory school.

(2) In this regulation:

accountant means one of the following:

(a) a member of the Institute of Chartered Accountants in Australia who holds a current Certificate of Public Practice issued by the Institute;

(b) a member of the CPA Australia who holds a current Public Practice Certificate in accordance with the by-laws of CPA Australia;

(ba) a member of the Institute of Public Accountants ACN 004 130 643 who holds a current Certificate of Professional Practice issued by the Institute;

(c) a person who holds a current Public Practising Certificate issued by the Association of Taxation and Management Accountants;

(d) a registered tax agent;

(e) a person registered as an auditor under the Corporations Act 2001.

health practitioner, see section 5 of the Health Practitioner Regulation National Law.

principal, see section 5 of the Education Act 2015.

social worker means a person who is eligible for full membership of the Australian Association of Social Workers.

1. Restricted health matters

(1) For section 25(2)(d), each of the following is restricted health care action:

(a) special medical research or experimental health care;

(b) new health care of a kind that is not yet accepted as evidence-based, best practice health care by a substantial number of health care providers specialising in the relevant area of health care;

(c) electroconvulsive therapy;

(d) any treatment that involves the use of an aversive stimulus, whether mechanical, chemical, physical or otherwise.

(2) In this regulation special medical research or experimental health care means medical research or experimental health care:

(a) relating to a condition the adult has or to which the adult has a significant risk of being exposed; or

(b) intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had.

(3) However, psychological research or approved clinical research is not special medical research or experimental health care.

1. Record keeping requirements

(1) For section 30(1)(b) of the Act, a decision maker must, at all times while the decision maker has authority to exercise financial management powers for the adult, keep complete and up–to–date records of the adult's assets and liabilities.

(2) The records must include:

(a) sufficient information to identify each of the adult's assets and liabilities; and

(b) for each asset and liability, information related to:

(i) all dealings and transactions with the asset or liability; and

(ii) the condition and management of the asset or liability; and

(c) any other information reasonably necessary to demonstrate that the adult's property and financial affairs are being managed in accordance with the Act.

1. Advance Personal Planning (Part 4A) Register

For section 55C of the Act, the Registrar-General may register a certified copy of the part of an advance personal plan that authorises a decision maker to enter into a dealing in relation to land.

1. Notices

A notice mentioned in section 55C(1)(c) or (d) of the Act must be:

(a) in a form approved by the Registrar-General; or

(b) if the Registrar-General has not approved a form, in writing.

1. Recognised interstate documents

(1) For the definition corresponding law in section 88(6) of the Act, each law listed in the Schedule is a corresponding law.

(2) For the definition recognised interstate document in section 88(6) of the Act, each document listed in the Schedule in respect of a corresponding law is a recognised interstate document.

1. Exercise of rights and powers under recognised interstate documents

For section 88(5) of the Act, a person appointed by a recognised interstate document to make decisions for the maker of the document cannot make a decision of a kind that a decision maker is prohibited from making by section 24 or 25 of the Act.

1. Certified copies of advance personal plans

(1) A document purporting to be a copy of an advance personal plan is taken to be a true copy of the plan if it is certified in accordance with this regulation.

(2) The last page of the document must be certified to the effect that the document is a true and complete copy of the original advance personal plan.

(3) Each other page must be certified to the effect that it is a true and complete copy of the corresponding page of the original advance personal plan.

(4) Certification must be made by one of the following:

(a) the adult who made the plan;

(b) a commissioner for oaths;

(c) a justice of the peace;

(d) a public notary within the meaning of the Public Notaries Act 1992.

(5) A document purporting to be a copy of a certified copy of an advance personal plan is also taken to be a true copy of the plan if the document is certified under this regulation.

Schedule Recognition of interstate documents

regulation 8

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION

3 GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3 and 10.

4 LIST OF AMENDMENTS

r 3 amd Act No. 38, 2014, s 2; Act No. 28, 2015, s 195

sch amd No. 8, 2016, r 3; No. 26, 2020, r 4