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GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 32

Amendment of s 118 (Tribunal advises persons concerned of hearing)

32 Amendment of s 118 (Tribunal advises persons concerned of hearing)

(1) Section 118 (1) (b)
omit, insert —
(b) a spouse of the adult who is in a close and continuing relationship with the adult;
(ba) any child of the adult who is at least 18 years and who is in a close and continuing relationship with the adult;
(bb) any parent of the adult who is in a close and continuing relationship with the adult;
(bc) any sibling of the adult who is in a close and continuing relationship with the adult;
(bd) if the adult is an Aboriginal person or a Torres Strait Islander—any person who is regarded under Aboriginal tradition or Island custom as a child, parent or sibling of the adult, and who is in a close and continuing relationship with the adult;
(2) Section 118 (1) (ba) to (h)
renumber as section 118 (1) (c) to (l) .
(3) Section 118
insert —
(1A) If there is no person mentioned in subsection (1)(b) to (f) in existence or able to be located for the adult, the tribunal must give notice of the hearing, as far as practicable, to—
(a) a member of the adult’s extended family who is in a close and continuing relationship with the adult; or
(b) a person from the adult’s household who is in a close and continuing relationship with the adult.
(4) Section 118 (5) (a) and (7) , ‘(g)’—
omit, insert—
(k)
(5) Section 118 (6) , ‘ subsection (2) ’—
omit, insert—
subsection (3)
(6) Section 118 (9)
insert —

"child" includes a stepchild, an adopted child and a person for whom the adult was a foster-parent or guardian when the person was a child.

"parent" includes a step-parent, an adoptive parent, a foster-parent and a guardian.

"sibling" includes a step-sibling, an adopted sibling and a foster-sibling.
(7) Section 118 (1A) to (9)
renumber as section 118 (2) to (l0).



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