Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 525

Giving notice to resident with impaired or limited capacity

525 Giving notice to resident with impaired or limited capacity

(1) This section applies if—
(a) the provider for rooming accommodation knows that 1 or more administrators for a financial matter have been appointed under the Guardianship and Administration Act 2000 for a resident of the rooming accommodation; or
(b) the provider for rooming accommodation
(i) reasonably considers a resident of the rooming accommodation is a person with impaired capacity for a financial matter; and
(ii) knows that 1 or more attorneys for a financial matter have been appointed by the resident under an enduring power of attorney under the Powers of Attorney Act 1998 ; or
(c) a resident, or a person acting for a resident, gives the provider for rooming accommodation written notice—
(i) that the resident has limited capacity to manage the resident’s affairs because of language, literacy or other factors; and
(ii) in that notice appoints a person to act for the resident in matters arising under the agreement.
(2) If subsection (1) (a) or (b) applies and a provision of this Act requires the provider to give a notice to the resident
(a) the provider must instead give the notice to the person appointed or, if more than 1 person has been appointed, to any 1 of the persons appointed; and
(b) the giving of a notice under paragraph (a) is sufficient compliance with the provision.
(3) If subsection (1) (c) applies and a provision of this Act requires the provider to give a notice to the resident
(a) the provider must give the notice to both the resident and the person appointed; and
(b) notice under paragraph (a) must be given for compliance with the provision to be sufficient.
(4) In this section—

"financial matters" see the Guardianship and Administration Act 2000 , schedule 2 , section 1 .

"person with impaired capacity" , for a financial matter, means a person who is incapable of—
(a) understanding the nature and effect of decisions about the matter; or
(b) freely and voluntarily making decisions about the matter; or
(c) communicating the decisions in some way.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback