Queensland Numbered Acts Queensland Numbered ActsChapter 11 —
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250 Guidelines to assist in assessments of capacity(1) The Minister is to prepare guidelines to assist persons required to make assessments about the capacity of adults to make decisions about matters to make the assessments.(2) The guidelines are to include—(a) principles to be applied in making assessments about the capacity of adults to make decisions about matters; and(b) information and advice that will give practicable guidance for making the assessments.(3) In preparing the guidelines the Minister must consult with persons who have qualifications relevant to, or experience in, making assessments about the capacity of adults to make decisions about matters.(4) The guidelines are to be published on the department’s website.(5) The Minister is to review the guidelines at least every 5 years.
250A Delegation of public trustee’s powers under this Act(1) If the public trustee has power under this Act for a financial matter for an adult, the public trustee may delegate the power to—(a) an appropriately qualified member of the public trustee’s staff; or(b) for day-to-day decisions about the matter—(i) an appropriately qualified carer of the adult; or(ii) an attorney under an enduring document; or(iii) a person who would be eligible to be the adult’s statutory health attorney; or(iv) another person the public trustee considers appropriately qualified to exercise the power.(2) However, the public trustee may not delegate the public trustee’s powers mentioned in subsection (1)(b) to—(a) the public guardian; or(b) a paid carer for the adult.(3) In this section—
"day-to-day decisions" , for a financial matter for an adult, means minor, uncontroversial decisions about day-to-day issues that involve no more than a low risk to the adult.
250B Proceedings for indictable offences(1) Subject to subsection (2), a charge of an indictable offence against this Act must be heard and decided summarily.(2) A Magistrates Court must abstain from dealing summarily with a charge mentioned in subsection (1) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.(3) If subsection (2) applies to a Magistrates Court—(a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and(b) the defendant’s plea at the start of the hearing must be disregarded; and(c) the evidence already heard by the court must be taken to be evidence in the committal proceeding; and(d) to avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.