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GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016)
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Definitions
4. Guardianship principles
5. Meaning of decision-making capacity and impaired decision-making capacity
6. Meaning of reasonably believes
7. Meaning of relative
8. Meaning of restricted health care
9. Application of Criminal Code
PART 2--GUARDIANSHIP
Division 1--Applications
10. Application for guardianship order
Division 2--Appointment of guardian
11. When Tribunal may make guardianship order
12. Appointment in advance for young person
13. Who may be appointed
14. Number of guardians
15. Eligibility for appointment
16. Scope of authority
17. Restrictions, requirements and directions
18. Order if adult has advance personal plan or enduring power of attorney
19. Reassessment and expiry dates
20. When Tribunal may make interim guardianship order
Division 3--Authority of guardian
21. Authority of guardian
22. Exercise of authority by guardian
23. Consent decisions about health care action
24. Excluded matters
25. Effect of exercise of authority by guardian
Division 4--Specific powers and duties
26. Right to documents and information
27. Information and things may be given to guardian
28. Record keeping and reporting requirements
29. Property to be managed as if trust property
30. Gifts
31. Maintenance of dependants
32. Asset management planning
Division 5--Orders about exercise of authority
33. Orders to guardians
34. Orders to former guardian
Division 6--Orders about represented adult's compliance
35. Represented adult to comply with guardian's decisions
Division 7--Reassessment and variation of guardianship orders
36. Guardianship order to be reassessed
37. Matters to be considered on reassessment
38. Outcome of reassessment
39. Variation or revocation of guardianship order
Division 8--Duration of orders and appointment
40. Duration of guardianship order
41. When appointment of guardian ends
42. Notification requirements
43. Effect of appointment of joint guardians for matter ceasing
44. Effect of appointment of sole guardian for matter ceasing
45. Guardian temporarily unable to act
46. Registrar to update guardianship order
Division 9--Reimbursement and remuneration
47. Reimbursement of expenses
48. Remuneration for professional guardian
49. Reimbursement and remuneration for other services provided by guardian to represented adult
Division 10--Miscellaneous matters about guardians
50. Guardian unaware of extent of authority
51. Protection for guardian in financial matters
52. Tribunal unaware of advance personal plan or enduring power of attorney when making guardianship order
PART 3--INTERSTATE ORDERS
Division 1--Preliminary matters
53. Definitions
Division 2--Registration of interstate orders
54. Tribunal may register interstate order
55. Duration of registration
56. Effect of registered order
57. Application of Act to registered order
58. Notification of tribunal or other body in other jurisdiction
Division 3--Administrative matters
59. Minister to make arrangements
PART 4--PUBLIC GUARDIAN
Division 1--Establishment and functions
60. Public Guardian
61. Functions
62. Compliance with guardianship principles
63. Independence
Division 2--Public Guardian's powers
64. General powers
65. Information gathering power
66. Obtaining health assessment
67. Health assessment order
Division 3--Appointment provisions
68. Appointment of Public Guardian
69. Term of appointment
70. Conditions of appointment
71. Resignation
Division 4--Administrative matters
72. Delegation
73. Staff and facilities for Public Guardian
74. Annual report
75. Protection from liability
PART 5--CIVIL AND ADMINISTRATIVE TRIBUNAL
Division 1--Preliminary matters
76. Definitions
Division 2--Jurisdiction of Tribunal
77. Jurisdiction of Tribunal
78. Tribunal to act in accordance with guardianship principles
Division 3--General matters about proceedings
79. How proceedings to be commenced
80. Proceedings not open to public
81. Parties
82. Representation
83. Public Guardian to ensure information is presented
84. Reasons may be given orally
85. No fees
PART 6--ENFORCEMENT
Division 1--Offences
86. Falsely representing to be guardian
87. Improper exercise of authority by guardian
88. Inducing guardian to exercise authority improperly
89. Misleading information
90. Unauthorised publication of Tribunal proceedings
91. Unauthorised disclosure of confidential information
92. Transfer of authority or estate by former guardian
93. Alternative verdicts
Division 2--Consequences of finding of guilt
94. Termination of appointment as guardian and disqualification
95. Payment of compensation for loss
Division 3--Legal proceedings
96. Who may commence prosecution
97. Time for commencing prosecution
PART 7--MISCELLANEOUS MATTERS
98. Regulations
PART 8--REPEAL AND TRANSITIONAL MATTERS FOR GUARDIANSHIP OF ADULTS ACT 2016
Division 1--Repeal
99. Act repealed
Division 2--Transitional matters
100. Definitions
101. Existing guardianship orders continue
102. Pending applications for guardianship order
103. Pending reviews
104. Other applications
PART 9--CONSEQUENTIAL AND RELATED AMENDMENTS
Division 1--Advance Personal Planning Act
105. Act amended
106. Section 3 amended
107. Section 39A inserted
108. Section 43 amended
109. Section 46 amended
Division 2--Unit Title Schemes (Management Modules) Regulations
110. Regulations amended
111. Schedule 1 amended
112. Schedule 2 amended
113. Schedule 3 amended
Division 3--Unit Titles (Management Modules) Regulations
114. Regulations amended
115. Schedule 1 amended
116. Schedule 2 amended
Division 4--Other laws amended
117. Other laws amended
Division 5--Expiry of Part
118. Expiry of Part
SCHEDULE
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