Western Australian Current Acts Western Australian Current Acts (1) Subject to
section 43(3), where a person is appointed as a plenary guardian, or 2 or more
persons are appointed as joint plenary guardians, the person or persons have
all of the functions in respect of the person of the represented person that
are, under the Family Court Act 1997 , vested in a person in whose favour has
been made —
(a) a
parenting order which allocates parental responsibility for a child; and
(b) a
parenting order which provides that a person is to share parental
responsibility for a child,
as if the represented
person were a child lacking in mature understanding, but a plenary guardian
does not, and joint plenary guardians do not, have the right to chastise or
punish a represented person.
(2) Without limiting
subsection (1), a plenary guardian may do any of the following —
(a)
decide where the represented person is to live, whether permanently or
temporarily;
(b)
decide with whom the represented person is to live;
(c)
decide whether the represented person should work and, if so, the nature or
type of work, for whom the represented person is to work and matters related
thereto;
(d)
subject to subsections (3A) and (4A), make treatment decisions for the
represented person;
(e)
decide what education and training the represented person is to receive;
(f)
decide with whom the represented person is to associate;
(g) as
the next friend of the represented person, commence, conduct or settle any
legal proceedings on behalf of the represented person, except proceedings
relating to the estate of the represented person;
(h) as
the guardian ad litem of the represented person, defend or settle any legal
proceedings taken against the represented person, except proceedings relating
to the estate of the represented person;
(i)
if the plenary guardian is a research decision-maker for
the represented person — subject to subsection (4A)(a) and
sections 110ZR and 110ZT, make research decisions in relation to the
represented person.
(3) A plenary guardian
cannot do any of the following on behalf of the represented person —
(a) vote
in any election;
[(b) deleted]
(c)
consent, under section 17 of the Adoption Act 1994 , to the adoption of a
child or under section 69(1)(a)(ii) of that Act to the adoption of a
represented person;
(da)
consent, under section 21(2)(d) of the Surrogacy Act 2008 , to the making of
a parentage order under that Act; or
(d)
under the Marriage Act 1961 of the Commonwealth, give consent in relation to
the marriage of a minor, sign a notice of intended marriage or take part in
the solemnization of a marriage.
(3A) A plenary
guardian cannot make a decision in respect of the performance of an abortion
on the represented person, including for the purposes of a treatment decision
or medical research.
(4A) A plenary
guardian —
(a)
cannot consent, for the purposes of medical research, to —
(i)
the sterilisation of the represented person; or
(ii)
electroconvulsive therapy being performed on a research
candidate;
and
(b)
cannot consent to the sterilisation of the represented person for any other
purposes, except in accordance with Division 3.
(4) A plenary guardian
may not make a will or other testamentary disposition on behalf of a
represented person but this subsection does not affect the operation of
section 111A.
[Section 45 amended: No. 7 of 1996 s. 20; No. 69
of 1996 s. 34; No. 41 of 1997 s. 32; No. 70 of 2000 s. 8; No. 35 of 2006 s.
205; No. 27 of 2007 s. 25; No. 25 of 2008 s. 6; No. 47 of 2008 s. 64; No. 17
of 2014 s. 22(2) and (3); No. 14 of 2020 s. 7; No. 20 of 2023 s. 40.]