Queensland Consolidated Acts

PUBLIC GUARDIAN ACT 2014

- As at 1 February 2024 
- Act 26 of 2014 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

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

   PART 2 - PURPOSE AND PRINCIPLES OF ACT

   5.      Purpose
   6.      Principles for adults with impaired capacity for a matter
   7.      Principles for relevant children and children staying at visitable sites

   PART 3 - RELATIONSHIP WITH OTHER ACTS

   8.      Relationship with Guardianship and Administration Act 2000 and Powers of Attorney Act 1998

CHAPTER 2 - PUBLIC GUARDIAN

   9.      Establishment
   10.     Role
   11.     Functions—general
   12.     Functions—adult with impaired capacity for a matter
   13.     Functions—relevant child, etc.
   14.     Powers
   15.     Not under Ministerial control

CHAPTER 3 - PROVISIONS RELATING TO ADULTS WITH IMPAIRED CAPACITY

   PART 1 - PRELIMINARY

   16.     Overview of ch 3
   17.     Definitions for ch 3

   PART 2 - ADVICE AND SUPERVISION

   18.     Public guardian may give advice and impose supervision

   PART 3 - INVESTIGATIONS

   19.     Investigate complaints
   20.     Delegate for investigation
   21.     Records and audit
   22.     Right to information
   23.     Information by statutory declaration
   24.     Protection from liability for giving information
   25.     Witnesses
   26.     Power of court if noncompliance with attendance notice
   27.     Power of court if failure to cooperate under subpoena
   28.     Self-incrimination not a reasonable excuse
   29.     Cost of investigations and audits
   30.     Obstructing investigation or audit
   31.     Report and information after investigation or audit
   32.     Prohibited use of report after investigation or audit

   PART 4 - PROTECTIVE POWERS

   33.     Proceedings for protection of property
   34.     Suspension of attorney’s power
   35.     Exercise of power during suspension
   36.     Power to apply for entry and removal warrant
   37.     Health providers may advise public guardian

   PART 5 - POWER TO CONSENT TO FORENSIC EXAMINATION

   38.     Consent to forensic examination

   PART 6 - COMMUNITY VISITOR PROGRAM (ADULT)

           Division 1 - Interpretation

   39.     Definitions for pt 6

           Division 2 - Purpose

   40.     Purpose and allocation of community visitors (adult)

           Division 3 - Functions

   41.     Inquiry and complaint functions
   42.     Requirement to regularly visit visitable site
   43.     Requirement to visit visitable site if asked

           Division 4 - Powers

   44.     Power to do all things necessary or convenient
   45.     Public guardian may authorise access outside normal hours
   46.     Consumer’s views and wishes
   47.     Reports by community visitors (adult)
   48.     Public guardian’s directions about the exercise of powers

           Division 5 - Miscellaneous

   49.     Privacy of correspondence between community visitor (adult) and consumers
   49A.    Requirement for particular registered NDIS providers to give information to public guardian

CHAPTER 4 - PROVISIONS RELATING TO RELEVANT CHILDREN AND CHILDREN STAYING AT VISITABLE SITES

   PART 1 - PRELIMINARY

   50.     Overview of ch 4
   51.     Definitions for ch 4
   52.     When is a child a relevant child
   53.     Who is a parent
   54.     Child’s views and wishes

   PART 2 - COMMUNITY VISITOR PROGRAM (CHILD)

           Division 1 - Purpose

   55.     Purpose and allocation of community visitors (child)

           Division 2 - Functions

   56.     Functions of community visitor (child), etc.
   57.     Requirement to visit children under care in visitable homes
   58.     Requirement to regularly visit visitable site
   59.     Requirement to visit visitable home or communicate if asked
   60.     Requirement to visit visitable site or communicate if asked

           Division 3 - Powers

              Subdivision 1 - Visitable homes

   61.     Power of entry—visitable home
   62.     Consent to entry—visitable home
   63.     Application for warrant—visitable home
   64.     Issue of warrant—visitable home
   65.     Warrants—procedure before entry to visitable home
   66.     Powers relating to visitable homes

              Subdivision 2 - Visitable sites

   67.     Power of entry—visitable site
   68.     Public guardian may authorise access to visitable site outside normal hours

              Subdivision 3 - General

   68A.    Community visitor (child) may ask NDIS agency or NDIS commissioner for particular information
   69.     Community visitor (child) to respect privacy
   70.     Reports by community visitors (child)
   71.     Public guardian’s directions about the exercise of powers

           Division 4 - Miscellaneous

   72.     Privacy of correspondence between community visitor (child) and children
   72A.    Requirement for particular NDIS providers and registered NDIS providers to give information to public guardian

   PART 3 - CHILD ADVOCACY OFFICERS

           Division 1 - Functions

   73.     Functions of child advocacy officer

           Division 2 - Powers

   74.     Power of entry
   75.     Public guardian may authorise access to visitable site outside normal hours
   76.     Powers in relation to staff members of visitable sites
   77.     Matters to which ss 74 and 76 are subject
   78.     Consent to entry
   79.     Application for warrant
   80.     Issue of warrant
   81.     Warrants—procedure before entry
   82.     Powers relating to places where child is staying
   83.     Child advocacy officer to respect privacy

   PART 4 - INFORMATION EXCHANGE

   84.     Purpose
   85.     Application of pt 4—separate representatives
   86.     Prescribed entities
   87.     Information requirement made by public guardian
   88.     Use of information
   89.     Chief executive (child safety) to advise public guardian when child is subject to particular orders, etc.
   90.     Making information available to prescribed entities
   91.     Making information available for Child Protection Act
   92.     Protection from liability for giving information
   93.     Interaction with other laws

CHAPTER 5 - ADMINISTRATION

   PART 1 - APPOINTMENT OF PUBLIC GUARDIAN AND RELATED PROVISIONS

   94.     Appointment of public guardian
   95.     Public guardian employed under this Act
   96.     Selection
   97.     Term of office
   98.     Conditions of appointment
   99.     Vacancy in office
   100.    Preservation of rights of public guardian
   101.    Acting public guardian

   PART 2 - OFFICE AND STAFF OF THE PUBLIC GUARDIAN

   102.    Office
   103.    Control of the office
   104.    Staff
   105.    Consultation and employment of professionals, etc.

   PART 3 - EXTERNAL CONTRACTORS

   106.    Engaging external contractor
   107.    Acts applying to external contractor
   108.    Review of external contractor’s performance

   PART 4 - COMMUNITY VISITORS AND CHILD ADVOCACY OFFICERS

   109.    Appointment
   110.    Eligibility for appointment as community visitor (adult)
   111.    Eligibility for appointment as community visitor (child)
   112.    Eligibility for appointment as child advocacy officer
   113.    Vacancy in office
   113A.   Termination of community visitor
   114.    Terms of appointment of community visitors
   115.    Limitation of powers
   116.    Identity card
   117.    Failure to return identity card
   118.    Production or display of identity card

   PART 5 - ASSESSING SUITABILITY OF PERSONS TO BE ENGAGED OR CONTINUE IN PARTICULAR EMPLOYMENT

           Division 1 - Suitability of persons to be or continue to be engaged as community visitors

   119.    Application of division
   119A.   Disclosure of criminal history
   120.    Investigations about suitability
   121.    Community visitor to disclose change in criminal history
   122.    Failing to make disclosure or making false, misleading or incomplete disclosure
   123.    Person to be advised of information obtained from commissioner of the police service
   124.    Use of information obtained under this part
   125.    Guidelines for dealing with information obtained under this part

           Division 2 - Suitability of persons to be engaged as child advocacy officers

   125A.   Disclosure of criminal history

   PART 6 - OTHER PROVISIONS

   126.    Annual report
   127.    Not a statutory body for particular Acts

CHAPTER 6 - GENERAL

   PART 1 - TRIBUNAL PROVISIONS (CHILD)

   128.    Meaning of reviewable decision for pt 1
   129.    References to public guardian
   130.    Right to appear, etc.
   131.    Tribunal to advise public guardian of hearing relating to child protection matters
   132.    Access
   133.    Public guardian may apply for review of reviewable decisions

   PART 2 - EVIDENCE AND LEGAL PROCEEDINGS

   134.    Proof of status as relevant child
   135.    Evidentiary provisions
   136.    Proceeding for offences
   137.    When proceeding may start

   PART 3 - FALSE OR MISLEADING STATEMENTS OR DOCUMENTS

   138.    False or misleading statements
   139.    False or misleading documents

   PART 4 - CONFIDENTIALITY

   140.    Confidentiality of information
   141.    Confidentiality of information given by persons involved in administration of Act to other persons
   142.    Disclosure of information about investigations
   143.    Disclosure by public guardian of information for research purposes

   PART 5 - MISCELLANEOUS

   144.    Complaints agency or other government service provider to inform public guardian about actions taken for complaint
   145.    Protection from liability
   146.    Delegation
   147.    Approved forms
   148.    Regulation-making power

CHAPTER 7 - TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISIONS FOR REPEALED SECTIONS OF THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN ACT 2000

   149.    Definitions
   150.    References to repealed sections
   151.    Repealed s 90 (Requirement to visit visitable site or communicate if asked)
   152.    Repealed s 91 (Requirement to visit visitable home or communicate if asked)
   153.    Repealed s 92 (Report after each visit)
   154.    Repealed s 93 (Functions)
   155.    Repealed s 97 (Issue of warrant)
   156.    Repealed s 107 (Appointment)
   157.    Repealed s 111 (Failure to return identity card)
   158.    Repealed s 370 (Commissioner may apply for review of reviewable decisions)
   159.    (Expired)

   PART 2 - TRANSITIONAL PROVISIONS FOR THE GUARDIANSHIP AND ADMINISTRATION ACT 2000

   160.    Definition
   161.    References to adult guardian
   162.    References to repealed sections
   163.    Public guardian is successor in law of adult guardian
   164.    Repealed s 173 (Adult guardian)
   165.    Repealed s 177 (Delegation)
   166.    Repealed s 178 (Consultation and employment of professionals)
   167.    Repealed s 179 (Advice and supervision)
   168.    Repealed s 180 (Investigate complaints)
   169.    Repealed s 181 (Delegate for investigation)
   170.    Repealed s 182 (Records and audit)
   171.    Repealed s 183 (Right to information)
   172.    Repealed s 184 (Information by statutory declaration)
   173.    Repealed s 185 (Witnesses)
   174.    Repealed s 186 (Power of court if noncompliance with attendance notice)
   175.    Repealed s 189 (Cost of investigations and audits)
   176.    Repealed s 193 (Report after investigation or audit)
   177.    Repealed s 194 (Proceedings for protection of property)
   178.    Repealed s 95 (Suspension of attorney’s power)
   179.    Repealed s 197 (Power to apply for entry and removal warrant)
   180.    Repealed s 206 (Annual report)
   181.    Repealed s 224 (Functions)
   182.    Repealed s 226 (Requirement to visit if asked)
   183.    Repealed s 228 (Chief executive may authorise access outside normal hours)
   184.    Repealed s 230 (Reports by community visitors)
   185.    Repealed s 230A (Investigations about suitability of applicant to be community visitor)
   186.    Repealed s 231 (Appointment)
   187.    Repealed s 232 (Duration of appointment)
   188.    Repealed s 236 (Failure to return identity card)
   189.    Repealed s 237 (Annual report by chief executive)

   PART 3 - TRANSITIONAL PROVISIONS FOR DISABILITY SERVICES AND OTHER LEGISLATION (NDIS) AMENDMENT ACT 2019

   190.    Definitions for part
   191.    Inquiries in relation to former visitable sites started before commencement
   192.    Existing complaints about former visitable sites
   193.    Existing requests for community visitor (adult) to visit former visitable site
   194.    Existing authorisations to enter former visitable sites outside normal hours
   195.    Reports about visits to former visitable sites before commencement
   196.    Proceedings for particular offences

   PART 4 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2023

   197.    Definition for part
   198.    Existing suspensions
   199.    Termination notices given before commencement
   200.    Particular community visitors go out of office
           SCHEDULE 1