Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000

- As at 24 June 2024
- Act 8 of 2000

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Act binds all persons

CHAPTER 2 - EXPLANATION

   5.      Acknowledgements
   6.      Purpose to achieve balance
   7.      Way purpose achieved
   7A.     Relationship with Public Guardian Act 2014
   8.      Relationship with Powers of Attorney Act 1998
   9.      Range of substitute decision-makers
   10.     Types of matter
   11.     Application of presumption of capacity
   11A.    Primary focus—adults

CHAPTER 2A - PRINCIPLES

   11B.    General principles
   11C.    Health care principles

CHAPTER 3 - APPOINTMENT OF GUARDIANS AND ADMINISTRATORS

   PART 1 - MAKING AN APPOINTMENT ORDER

   12.     Appointment
   12A.    Appointment—missing person
   12B.    Relationship with Public Trustee Act 1978
   13.     Advance appointment
   13A.    Advance appointment—guardian for restrictive practice matter
   14.     Appointment of 1 or more eligible guardians and administrators
   15.     Appropriateness considerations
   16.     Advice from proposed appointee about appropriateness and competence
   17.     Guardian or administrator to update advice about appropriateness and competence
   18.     Inquiries about appropriateness and competence
   19.     Comply with other tribunal requirement
   20.     Financial management plan
   21.     Advice to registrar of titles if appointment concerns land

   PART 2 - RELATIONSHIP BETWEEN APPOINTMENT AND ENDURING DOCUMENT

   22.     Attorney’s power subject to tribunal authorisation
   23.     Appointment without knowledge of enduring document
   24.     Protection if unaware of appointment
   25.     Protection if unaware power already exercised by advance health directive

   PART 3 - CHANGING OR REVOKING AN APPOINTMENT ORDER

           Division 1 - Revocation by appointee

   26.     Automatic revocation
   27.     Withdrawal with tribunal’s leave

           Division 1A - Provisions about appointment for adult who is missing person

   27A.    Obligation to notify tribunal of particular circumstances
   27B.    Tribunal must revoke order making appointment

           Division 2 - Change or revocation at tribunal review of appointment

   28.     Periodic review of appointment
   29.     Other review of appointment
   30.     Guardian or administrator to update advice about appropriateness and competence
   31.     Appointment review process
   32.     Tribunal to advise of change, revocation or ending of appointment
   32A.    Additional requirements if change, revocation or ending of appointment and interest in land involved

           Division 3 - Directions

   32B.    Directions to former guardian or administrator

CHAPTER 4 - FUNCTIONS AND POWERS OF GUARDIANS AND ADMINISTRATORS

   PART 1 - GENERAL FUNCTIONS AND POWERS OF GUARDIAN OR ADMINISTRATOR

   33.     Power of guardian or administrator
   34.     Apply principles
   35.     Act honestly and with reasonable diligence
   36.     Act as required by terms of tribunal order
   37.     Avoid conflict transaction
   38.     Multiple guardians or administrators are joint if not otherwise stated
   39.     Act together with joint guardians or administrators
   40.     Consult with adult’s other appointees or attorneys
   41.     Disagreement about matter other than health matter
   42.     Disagreement about health matter
   43.     Acting contrary to general principles or health care principles
   44.     Right of guardian or administrator to information
   45.     Execution of instrument etc.
   46.     Implied power to execute a deed
   47.     Payment of expenses
   48.     Remuneration of professional administrators

   PART 2 - PARTICULAR FUNCTIONS AND POWERS OF ADMINISTRATORS

   49.     Keep records
   50.     Keep property separate
   51.     Power to invest and continue investments
   52.     (Repealed)
   53.     (Repealed)
   54.     Gifts and donations
   55.     Maintain adult’s dependants

   PART 3 - OTHER PROVISIONS APPLYING TO GUARDIANS AND ADMINISTRATORS

   56.     Protection if unaware of change of appointee’s power
   57.     Advice of change of successive appointee
   58.     Relief from personal liability
   59.     Compensation and accounting for profits for failure to comply
   60.     Power to apply to court for compensation for loss of benefit in estate
   60A.    Effect on beneficiary’s interest if property dealt with by administrator
   60B.    Administrator not required to keep proceeds and property separate
   60C.    Application to court to confirm or vary operation of s 60A

CHAPTER 5 - HEALTH MATTERS AND SPECIAL HEALTH MATTERS

   PART 1 - PHILOSOPHY AND PURPOSE

   61.     Purpose to achieve balance for health care

   PART 2 - SCHEME FOR HEALTH CARE AND SPECIAL HEALTH CARE

           Division 1 - Health care—no consent

   62.     Division’s scope
   63.     Urgent health care
   63A.    Life-sustaining measure in an acute emergency
   64.     Minor, uncontroversial health care

           Division 2 - Health care and special health care—consent

   65.     Adult with impaired capacity—order of priority in dealing with special health matter
   66.     Adult with impaired capacity—order of priority in dealing with health matter
   66A.    When consent to withholding or withdrawal of life-sustaining measure may operate
   66B.    Certificate in clinical records if life-sustaining measure withheld or withdrawn
   67.     Effect of adult’s objection to health care

   PART 3 - CONSENT TO SPECIAL HEALTH CARE

   68.     Special health care
   68A.    Tribunal to consult in making decision about special health care
   69.     Donation of tissue
   70.     Sterilisation
   71.     Termination of pregnancy
   72.     Special medical research or experimental health care
   73.     Prescribed special health care
   74.     Subsequent special health care for adult

   PART 3A - CLINICAL RESEARCH

   74A.    What is clinical research
   74B.    What is approved clinical research
   74C.    Approval of clinical research

   PART 4 - OTHER PROVISIONS ABOUT HEALTH CARE

   75.     Use of force
   76.     Health providers to give information
   77.     Protection of health provider
   78.     Offence to exercise power for adult if no right to do so
   79.     Offence to carry out health care unless authorised
   80.     No less protection than if adult gave health consent

CHAPTER 5A - CONSENT TO STERILISATION OF CHILD WITH IMPAIRMENT

   PART 1 - PRELIMINARY

   80A.    Definitions for ch 5A
   80B.    Sterilisation

   PART 2 - CONSENT BY TRIBUNAL

   80C.    When tribunal may consent and effect of consent
   80D.    Whether sterilisation is in child’s best interests

   PART 3 - TRIBUNAL PROCEEDINGS

           Division 1 - General

   80E.    Relationship with ch 7
   80F.    Members constituting tribunal
   80G.    (Repealed)

           Division 2 - Applications

   80H.    Who may apply
   80I.    How to apply
   80J.    Tribunal advises persons concerned of hearing
   80K.    Who is an active party
   80L.    Child representative must be appointed

           Division 3 - Proceeding

   80M.    Advice, directions and recommendations

           Division 4 - (Repealed)

           Division 5 - Appeal

   80O.    Appellant

   PART 4 - OTHER PROVISIONS ABOUT CONSENT TO STERILISATION OF CHILD

   80P.    Health providers to give information
   80Q.    No less protection than if adult gave consent

CHAPTER 5B - RESTRICTIVE PRACTICES

   PART 1 - PRELIMINARY

   80R.    Application of ch 5B
   80S.    Purpose of ch 5B
   80T.    Effect of ch 5B on substitute decision-maker’s ability to make health care decision
   80U.    Definitions for ch 5B

   PART 2 - CONTAINMENT OR SECLUSION APPROVALS

           Division 1 - Giving containment or seclusion approvals

   80V.    When tribunal may approve use of containment or seclusion
   80W.    Matters tribunal to consider
   80X.    When tribunal may approve use of other restrictive practices

           Division 2 - Period of containment or seclusion approval

   80Y.    Period for which containment or seclusion approval has effect
   80Z.    Automatic revocation of containment or seclusion approval

           Division 3 - Reviewing a containment or seclusion approval

   80ZA.   When containment or seclusion approval may be reviewed
   80ZB.   Review process

   PART 3 - GUARDIANS FOR A RESTRICTIVE PRACTICE MATTER

   80ZC.   Application of pt 3
   80ZD.   Appointment
   80ZE.   Requirements for giving consent—guardian for restrictive practice (general) matter
   80ZF.   Requirements for giving consent—guardian for restrictive practice (respite) matter

   PART 4 - SHORT-TERM APPROVAL OF PUBLIC GUARDIAN FOR USE OF PARTICULAR RESTRICTIVE PRACTICES

   80ZG.   (Repealed)
   80ZH.   When public guardian may give short-term approval for use of containment or seclusion
   80ZI.   When public guardian may give short-term approval for use of containment or seclusion—new relevant service provider
   80ZJ.   (Repealed)
   80ZK.   When public guardian may give short-term approval for use of other restrictive practices
   80ZL.   Right of public guardian to information for making decision
   80ZM.   Requirement for public guardian to give notice of decision

   PART 5 - TRIBUNAL PROCEEDINGS

           Division 1 - General

   80ZN.   Relationship with ch 7

           Division 2 - Applications

   80ZO.   Who may apply for a containment or seclusion approval
   80ZP.   Who may apply for appointment of guardian for restrictive practice matter

           Division 3 - Other matters

   80ZQ.   Who is an active party
   80ZR.   Interim orders

   PART 6 - MISCELLANEOUS PROVISIONS

   80ZS.   Requirements for informal decision-makers—consenting to use of restrictive practices
   80ZT.   Informal decision-makers must maintain confidentiality
   80ZU.   Review of ch 5B

CHAPTER 6 - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

   81.     Tribunal’s functions for this Act
   82.     Jurisdiction
   83.     Annual report by president
   84.     (Repealed)
   85.     (Repealed)
   86.     (Repealed)
   87.     (Repealed)
   88.     (Repealed)
   89.     (Repealed)
   90.     (Repealed)
   91.     (Repealed)
   92.     (Repealed)
   93.     (Repealed)
   94.     (Repealed)
   95.     (Repealed)
   96.     (Repealed)
   97.     (Repealed)
   98.     (Repealed)

CHAPTER 7 - TRIBUNAL PROCEEDINGS

   PART 1 - GENERAL

   99A.    (Repealed)
   99B.    (Repealed)
   99.     Definitions for pt 1
   100.    Types of limitation order
   101.    Relationship with the QCAT Act
   102.    Members constituting tribunal
   103.    Access
   104.    Basis of consideration for limitation order
   105.    Open
   105A.   (Repealed)
   106.    Adult evidence order
   107.    Closure order
   108.    Non-publication order
   109.    Confidentiality order
   109A.   (Repealed)
   109B.   (Repealed)
   109C.   (Repealed)
   109D.   (Repealed)
   109E.   (Repealed)
   109F.   (Repealed)
   109G.   (Repealed)
   109H.   (Repealed)
   109I.   (Repealed)
   110.    Non-publication or confidentiality order made before hearing
   111.    Standing for limitation order
   112.    Making and notifying decision for limitation order
   113.    Written reasons for limitation order and copy of reasons
   114.    Procedural directions
   114A.   Publication about proceeding that discloses adult’s identity
   114B.   No filing fee payable

   PART 2 - APPLICATIONS

   115.    Scope of applications
   116.    (Repealed)
   117.    (Repealed)
   118.    Tribunal advises persons concerned of hearing
   119.    Who is an active party
   120.    (Repealed)
   121.    Protection if unaware of invalidity
   122.    Withdrawal by leave

   PART 3 - PARTICIPATION

   123.    Right of active party to appear
   124.    Representative may be used with tribunal’s leave
   125.    Representative may be appointed
   126.    Tribunal to decide who are interested persons
   127.    Costs

   PART 4 - PROCEEDING

   128.    Tribunal may stay decision pending hearing
   129.    Interim order
   130.    Tribunal to ensure it has all relevant information and material
   131.    Tribunal may proceed without further information
   132.    (Repealed)
   133.    (Repealed)
   134.    Report by tribunal staff
   135.    (Repealed)
   136.    Witness fees and expenses
   137.    Offences by witnesses
   138.    Advice, directions and recommendations
   138AA.  Directions to former attorney
   138A.   Repeated applications for orders
   139.    (Repealed)
   140.    (Repealed)
   141.    (Repealed)
   142.    (Repealed)
   143.    (Repealed)
   143A.   (Repealed)
   144.    (Repealed)
   145.    (Repealed)

   PART 4A - (Repealed)

   PART 5 - PARTICULAR PROCEEDINGS OR ORDERS

           Division 1 - Declaration about capacity

   146.    Declaration about capacity
   147.    Effect of declaration about capacity to enter contract

           Division 2 - Entry and removal warrant

   148.    Application for entry and removal warrant
   149.    Issue of entry and removal warrant
   150.    Role of occupier if entry and removal warrant
   151.    Reporting requirement after removal of adult

           Division 3 - Miscellaneous

   152.    Tribunal authorisation or approval
   153.    Records and audit
   154.    Ratification or approval of exercise of power by informal decision-maker
   155.    Suspension of guardianship order or administration order

   PART 6 - DECISION

   156.    Making and notifying decision
   157.    Order postponing giving copy of decision
   158.    Copy of reasons to be given
   158A.   (Repealed)
   159.    (Repealed)

   PART 7 - (Repealed)

   PART 8 - APPEAL

   163.    Appellant
   164.    Filing notice of appeal in particular circumstances
   164A.   (Repealed)
   165.    (Repealed)

   PART 9 - RECOGNITION OF ORDER MADE UNDER ANOTHER LAW

   166.    Definitions for pt 9
   167.    Regulation prescribing recognised provision
   168.    Application to register
   169.    Registration
   170.    Effect of registration
   171.    Notice of registration and subsequent action to original maker

   PART 10 - (Repealed)

CHAPTER 8 - (Repealed)

CHAPTER 9 - PUBLIC ADVOCATE

   PART 1 - ESTABLISHMENT, FUNCTIONS AND POWERS

   207A.   Definitions for pt 1
   208.    Public advocate
   209.    Functions—systemic advocacy
   209A.   Report about systemic matter
   210.    Powers
   210A.   Right to information
   210B.   Offence to publish confidential information
   211.    Not under Ministerial control
   212.    Delegation

   PART 2 - ADMINISTRATIVE PROVISIONS

   213.    Appointment
   214.    Selection
   215.    Duration of appointment
   216.    Terms of appointment
   217.    Leave of absence
   217A.   Preservation of rights of public advocate
   218.    Acting public advocate
   219.    Staff
   220.    Annual report
   221.    Not a statutory body for particular Acts

CHAPTER 10 - (Repealed)

CHAPTER 11 - MISCELLANEOUS PROVISIONS

   PART 1 - RELATIONSHIP WITH CRIMINAL LAW

   238.    Act does not authorise euthanasia or affect particular provisions of Criminal Code

   PART 2 - RELATIONSHIP WITH COURT JURISDICTION

   239.    Litigation guardian process not affected
   240.    Supreme Court’s inherent jurisdiction not affected
   241.    Transfer of proceeding
   242.    Stay of proceeding concerning an enduring document
   243.    Interim appointed decision-maker if Supreme Court proceeding
   244.    Chapter 3 applies for interim appointment

   PART 2A - ACCESS TO RECORD OF PROCEEDINGS

   244A.   Access to record of proceedings

   PART 3 - SETTLEMENTS OR DAMAGES AWARDS

   245.    Settlements or damages awards

   PART 4 - PROTECTION FROM LIABILITY AND DEALING WITH INFORMATION

   246.    Definitions for pt 4
   247.    Whistleblowers’ protection
   247A.   Reprisal and grounds for reprisal
   247B.   Offence of taking reprisal
   247C.   Damages for reprisal
   248.    Protection from liability if honest and not negligent
   248A.   Protection for person carrying out forensic examination with consent
   248B.   Protection from liability for giving information
   249.    Protected use of confidential information
   249A.   Prohibited use of confidential information

   PART 4A - MISCELLANEOUS

   250.    Guidelines to assist in assessments of capacity
   250A.   Delegation of public trustee’s powers under this Act
   250B.   Proceedings for indictable offences
   250C.   Voluntary assisted dying

   PART 5 - FORMS AND REGULATIONS

   251.    Chief executive may approve forms
   252.    Regulation-making power

CHAPTER 12 - TRANSITIONAL PROVISIONS AND REPEAL

   PART 1 - TRANSITIONAL PROVISIONS FOR ADULT GUARDIAN

   253.    Definition for pt 1
   254.    Appointment of adult guardian continues
   255.    Particular things continued

   PART 2 - TRANSITIONAL PROVISIONS FOR COMMITTEE

   256.    Power to apply to court for compensation for loss of benefit in estate because of committee
   257.    Tribunal’s power if committee

   PART 3 - TRANSITIONAL PROVISIONS FOR, AND REPEAL OF, INTELLECTUALLY DISABLED CITIZENS ACT 1985

   258.    Definition for pt 3
   259.    Adult guardian assumes legal friend responsibilities
   260.    Management by public trustee
   261.    Council records to be given to tribunal
   262.    Repeal

   PART 4 - TRANSITIONAL PROVISION FOR GUARDIANSHIP AND ADMINISTRATION AND POWERS OF ATTORNEY AMENDMENT ACT 2001

   262A.   Protection for health provider

   PART 5 - TRANSITIONAL PROVISION FOR DISCRIMINATION LAW AMENDMENT ACT 2002

   262B.   Application of amendments made by Discrimination Law Amendment Act 2002

   PART 6 - TRANSITIONAL PROVISIONS FOR GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2003

   262C.   Application of amended s 29 to reviews of existing appointments
   262D.   Effect of contravention of repealed ss 52 and 53
   262E.   Person given notice of hearing able to become active party
   262F.   Interim orders

   PART 7 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2007

   263.    Directions to former guardian or administrator
   264.    Interim orders

   PART 8 - TRANSITIONAL PROVISIONS FOR DISABILITY SERVICES AND OTHER LEGISLATION AMENDMENT ACT 2008

   265.    Powers of guardians—use of restrictive practices
   266.    Short term approvals not to be given during transitional period

   PART 9 - TRANSITIONAL PROVISION FOR GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2008

   267.    Directions to former attorney

   PART 10 - TRANSITIONAL PROVISION FOR FAIR WORK (COMMONWEALTH POWERS) AND OTHER PROVISIONS ACT 2009

   268.    Remuneration of professional administrators

   PART 11 - TRANSITIONAL PROVISION FOR STATE PENALTIES ENFORCEMENT AND OTHER LEGISLATION AMENDMENT ACT 2009

   269.    Declaration and validation concerning particular reviews under s 29

   PART 12 - TRANSITIONAL AND VALIDATION PROVISIONS FOR GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019

   270.    Definition for part
   271.    Obligation of registrar of titles
   272.    Application of ss 60A–60C
   273.    Validation of delegation
   274.    Existing proceedings

   PART 13 - (Expired)
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 4