Western Australian Current Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   3AA.    Term used: medical research
            
   3A.     Inherent jurisdiction of Supreme Court not affected
            
   3B.     Act does not authorise decisions about voluntary assisted dying

   PART 2 -- Principles to be observed by State Administrative Tribunal  

   4.      Principles stated

   PART 3 -- The State Administrative Tribunal

           Division 1 -- Functions and proceedings  

   13.     Jurisdiction of State Administrative Tribunal
            
   16.     Costs
            
   17.     Further provisions as to proceedings

           Division 2A -- Review of determination where State Administrative Tribunal comprises one member  

   17A.    Review
            
   17B.    Executive officer to give notice of review

           Division 3 -- Appeals

              Subdivision 1 -- Preliminary  

   18.     Term used: Court
            
   18A.    Application of Division

              Subdivision 2 -- Appeals by leave from determinations of State Administrative Tribunal generally  

   19.     Right of appeal by leave
            
   20.     Application for leave
            
   21.     Grounds
            
   22.     Grant or refusal of leave
            
   23.     Ancillary orders and directions
            
   24.     Reference of application to Court
            
   25.     Application and appeal may be heard together

              Subdivision 3 -- Appeals from decisions relating to consent to performance of abortion  

   25A.    Appeal from Tribunal’s decision relating to consent to performance of abortion
            
   25B.    Grounds
            
   25C.    Status of State Administrative Tribunal’s decision pending disposal of appeal

              Subdivision 4 -- General provisions about appeals  

   26.     Notice to other parties
            
   27.     Amendment of grounds of appeal
            
   28.     Status of State Administrative Tribunal’s determination pending disposal of appeal
            
   29.     Nature of appeal, and evidence
            
   30.     Powers of Court
            
   31.     Want of form
            
   32.     Notification of result of appeal to executive officer
            
   33.     Discontinuance of appeal
            
   34.     Dismissal for want of prosecution
            
   35.     Application for reinstatement of appeal
            
   36.     Time may be extended or shortened
            
   37.     Enforcement of order for costs

   PART 4 -- Applications for guardianship and administration orders  

   40.     Application
            
   41.     Notice of hearing

   PART 5 -- Guardianship

           Division 1 -- Appointment of guardian  

   43.     Making of guardianship order
            
   44.     Who may be appointed guardian
            
   44A.    Interstate arrangements for guardianship orders

           Division 2 -- Functions of guardians  

   45.     Authority of plenary guardian
            
   46.     Authority of limited guardian
            
   47.     Guardian may apply for directions
            
   48.     Guardian may execute documents etc.
            
   49.     Guardian may obtain warrant to enter
            
   50.     Effect of actions etc. of guardian
            
   51.     Guardian to act in best interests of represented person
            
   53.     Guardians to act unanimously
            
   54.     Death of joint guardian
            
   55.     Alternate guardian to take over on death of guardian
            
   55A.    Priority of guardianship order

           Division 3 -- Limitations on sterilisation of persons under guardianship or where application for guardianship made  

   56.     Terms used
            
   56A.    Only Full Tribunal to act under this Division
            
   57.     Prerequisites for sterilisation of persons to whom this Division applies
            
   58.     Restriction on guardian’s consent
            
   59.     Application for consent
            
   60.     Notice of hearing
            
   63.     State Administrative Tribunal may consent if in best interests of represented person

   PART 6 -- Estate administration

           Division 1 -- Appointment of administrator  

   64.     Making of administration order
            
   65.     Emergency provision
            
   66.     Acts may be authorised without administration order
            
   67.     Non-residents etc.
            
   68.     Who may be appointed administrator

           Division 2 -- Functions of administrators  

   69.     Authority of administrator
            
   70.     Administrator to act in best interests of represented person
            
   71.     Authority which may be conferred on administrator
            
   71A.    Amendment of order to confer particular function
            
   72.     Further provisions as to authority of administrators
            
   74.     Administrator may apply for directions
            
   75.     Administrators to act unanimously
            
   76.     Administrator may employ agents
            
   77.     Represented person incapable of dealing with estate
            
   78.     Cessation of authority of administrator
            
   79.     Represented person bound by acts of administrator
            
   80.     Accounts
            
   81.     Enforcement of security
            
   82.     Transactions may be set aside
            
   83.     Saving for certain rules of court

           Division 3 -- Interjurisdictional arrangements in relation to administration powers  

   83A.    Reciprocating States
            
   83B.    Foreign administrator may authorise Public Trustee to administer property in this State
            
   83C.    Administrator may authorise relevant official to administer property in reciprocating State
            
   83D.    Interstate arrangements for recognition of administration orders

   PART 7 -- Review of orders  

   84.     State Administrative Tribunal to review orders periodically
            
   85.     Circumstances in which review mandatory
            
   86.     Review on application
            
   87.     Leave to apply for review
            
   88.     Application for review
            
   89.     Notice of review
            
   90.     Powers of State Administrative Tribunal on review

   PART 8 -- The Public Advocate  

   91.     Public Advocate
            
   92.     Resignation, removal etc.
            
   93.     Acting Public Advocate
            
   94.     Staff
            
   95.     Powers of delegation
            
   96.     Existing rights etc.
            
   97.     Functions of Public Advocate
            
   98.     Supervised persons under Criminal Law (Mental Impairment) Act 2023
            
   99.     Public Advocate to act on death of guardian or administrator
            
   100.    Judicial notice
            
   101.    Annual report of Public Advocate
            
   101A.   Public Advocate may raise matters with Minister

   PART 9 -- Enduring powers of attorney  

   102.    Terms used
            
   103.    Other Acts
            
   104.    Execution of enduring power of attorney
            
   104A.   Recognition of powers of attorney created in other jurisdictions
            
   104B.   Substitute donees
            
   104C.   Eligibility for appointment as donee or substitute donee
            
   105.    Enduring power of attorney survives incapacity
            
   106.    Donee may apply for declaration of legal incapacity
            
   107.    Obligations of donee
            
   108.    Appointment of administrator
            
   109.    On application State Administrative Tribunal may intervene
            
   110.    Notice of application

   PART 9A -- Enduring powers of guardianship

           Division 1 -- Preliminary matters  

   110A.   Term used: appointor

           Division 2 -- Making of enduring power of guardianship  

   110B.   Appointing enduring guardian
            
   110C.   Substitute enduring guardians
            
   110D.   Who is eligible to be appointed
            
   110E.   Formal requirements

           Division 3 -- Operation of enduring power of guardianship  

   110F.   When enduring guardian may act
            
   110G.   Functions generally
            
   110H.   Certain provisions apply in relation to enduring guardian and appointor
            
   110I.   Priority of enduring power of guardianship

           Division 4 -- Jurisdiction of State Administrative Tribunal  

   110J.   Who may apply
            
   110K.   Declaration about validity of enduring power of guardianship
            
   110L.   Declaration of incapacity of appointor
            
   110M.   Directions as to construction of terms etc.
            
   110N.   Revocation or variation of enduring power of guardianship
            
   110O.   Recognition of instrument created in another jurisdiction

   PART 9B -- Advance health directives

           Division 1 -- Making of advance health directive  

   110P.   Making advance health directive
            
   110Q.   Formal requirements
            
   110QA.  Maker may indicate in directive whether advice obtained
            
   110R.   Requirements in relation to treatment decision in advance health directive

           Division 2 -- Operation of advance health directive  

   110S.   Operation generally
            
   110T.   Effect of subsequent enduring power of guardianship
            
   110U.   Priority of treatment decision in advance health directive

           Division 3 -- Jurisdiction of State Administrative Tribunal  

   110V.   Who may apply
            
   110W.   Declaration about validity of directive or treatment decision
            
   110X.   Declaration of incapacity of maker
            
   110Y.   Directions as to construction of terms etc.
            
   110Z.   Declaration that treatment decision has been revoked
            
   110ZA.  Recognition of instrument created in another jurisdiction

           Division 4 -- Miscellaneous matters  

   110ZB.  Common law preserved

   PART 9C -- Persons responsible for patients

           Division 1 -- Preliminary matters  

   110ZC.  Term used: patient

           Division 2 -- Treatment decisions by persons responsible for patients  

   110ZD.  Circumstances in which person responsible may make treatment decision
            
   110ZE.  Priority of treatment decision of person responsible

           Division 3 -- Jurisdiction of State Administrative Tribunal  

   110ZF.  Who may apply
            
   110ZG.  Declaration that person responsible may make treatment decision

   PART 9D -- Treatment decisions in relation to patients under legal incapacity

           Division 1 -- Preliminary matters  

   110ZH.  Terms used

           Division 2 -- Provision of treatment

              Subdivision 1 -- Urgent treatment  

   110ZI.  Urgent treatment generally
            
   110ZIA. Urgent treatment after attempted suicide

              Subdivision 2 -- Other treatment  

   110ZIB. Application of Subdivision
            
   110ZJ.  Order of priority of persons who may make treatment decision in relation to patient
            
   110ZK.  Reliance by health professional on treatment decision
            
   110ZL.  Validity of certain treatment decisions

              Subdivision 3 -- Performance of abortion  

   110ZLA. Treatment decisions in relation to performance of abortion
            
   110ZLB. Performance of abortion without advance health directive or State Administrative Tribunal consent an offence
            
   110ZLC. Effect of State Administrative Tribunal consent
            
   110ZLD. Reliance by health professional on treatment decisions in respect of performance of abortion

           Division 3 -- Jurisdiction of State Administrative Tribunal

              Subdivision 1 -- Declarations for purposes of s. 110ZJ  
              110ZM. Who may apply
            

   110ZN.  Declaration as to who may make treatment decision

              Subdivision 2 -- Decisions for purposes of s. 110ZLA  
              110ZNA. Only Full Tribunal to act under this Subdivision
            

   110ZNB. Who may apply for decision under this Subdivision
            
   110ZNC. Notice of hearing
            
   110ZND. State Administrative Tribunal consent to performance of abortion

   PART 9E -- Medical research

           Division 1 -- Preliminary  

   110ZO.  Terms used
            
   110ZP.  Term used: research decision-maker
            
   110ZQ.  Substitute decision-maker for a research candidate

           Division 2 -- Decisions about medical research  

   110ZR.  Medical research with consent of research decision-maker
            
   110ZS.  Urgent medical research without consent
            
   110ZT.  Particular medical research not permitted

           Division 3 -- Provisions about research decisions and urgent medical research decisions  

   110ZU.  Assessment by independent medical practitioner of research candidate’s best interests
            
   110ZV.  Assessment by independent medical practitioner of likelihood of research candidate regaining ability to consent
            
   110ZW.  Assessment by independent medical practitioner of risks

           Division 4 -- Effect of research decisions and urgent medical research decisions  

   110ZX.  Reliance by researcher on research decision or urgent medical research decision
            
   110ZY.  Validity of certain research decisions or urgent medical research decisions

           Division 5 -- Jurisdiction of State Administrative Tribunal  

   110ZZ.  Applying for review of decision made under this PART
            
   110ZZA. Procedure on review
            
   110ZZB. Effect of State Administrative Tribunal’s decision under this Division

           Division 6 -- Reporting  

   110ZZC. Researcher to report medical research conducted under this Part to Health Minister
            
   110ZZD. Health Minister to report to Parliament on medical research carried out under this Part

           Division 7 -- Reviews  

   110ZZE. Review of this PART

   PART 10 -- Miscellaneous provisions  

   111.    Declaration as to capacity to vote
            
   111A.   Applications under Wills Act 1970 s.
            
   112.     Inspection of records
            
   113.    Confidentiality
            
   114.    Immunity
            
   115.    Service of notices
            
   117.    Remuneration
            
   118.    Expenses
            
   119.    Order of priority of enduring guardian and guardian for matters other than treatment decisions
            
   119A.   No fee for application to State Administrative Tribunal
            
   120.    Regulations
            
   124.     Transitional provisions
           SCHEDULE 1 -- Provisions as to proceedings of State Administrative Tribunal  
           SCHEDULE 2 -- Functions for administration of estates
           SCHEDULE 3 -- Forms for enduring power of attorney
           SCHEDULE 5 -- Transitional provisions