Australian Capital Territory Numbered Acts

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 (NO 62 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Guardianship and Management of Property Act 1991.  
   4.      Interpretation. In this Act, unless the contrary intention appears—“Crimes Act” means the Crimes Act, 1900 of the State of New South Wales in its application in the Territory;“doctor” means a person registered as a medical practitioner under the Medical Practitioners Registration Act 1930;“guardian” means a person who is, or is to be taken to be, a guardian under section 7, 12 or 32;“inquiry” means an inquiry under Part III;“judicial officer” means a Judge of the Supreme Court or a Magistrate;“lawyer” means a barrister or solicitor whose name is on the Roll of Barristers and Solicitors kept under the Legal Practitioners Act 1970;“manager” means a person who is, or is to be taken to be, a manager under section 8, 12 or 32;“member” means a member of the Tribunal;“non-regenerative tissue” has the meaning it has under the Transplantation and Anatomy Act 1978;“prescribed medical procedure” means—  
   5.      A person shall not be taken to have a physical, mental, psychological or intellectual condition relevant to section 7 or 8 merely because the person—  
   6.      Nothing in this Act limits the jurisdiction of the Supreme Court with respect to the guardianship of persons or the management of the property of persons.  

   PART II--GUARDIANS AND MANAGERS

   11.     The powers conferred on a person's guardian or on a manager of a person's property are to be no more restrictive of the person's freedom of decision and action than is necessary to achieve the purpose of the order.  
   13.     An act or omission of a guardian or manager under this Act has effect as if it were an act or omission of the represented person and that person had the legal capacity for that act or omission.  
   17.     Where an order of a court affects a person for whom there is a guardian under this Act, or in respect of whom a manager is appointed under this Act, the Tribunal shall not give a direction that is inconsistent with that order.  
   20.     Unless the Tribunal otherwise orders, a manager of a person's property is entitled to inspect a will or other testamentary instrument made by the person and to any other document relating to the property.  
   23.     An instrument executed by a manager of a person's property acting as manager has the same effect as if it had been executed by the person.  
   25.     If the property for which a manager is appointed includes land held under the Real Property Act 1925, the manager shall—  
   28.     A guardian or manager may resign by writing given to the President.  
   29.     Subject to section 30, a person's guardian, or a manager of a person's property, ceases to be guardian or manager when the person dies.  
   30.     An order appointing a guardian or manager continues in force, so far as an act or thing done under it in good faith is concerned, until the guardian or manager receives notice of the death of the represented person, notice of the revocation of the order or notice of his or her removal from office under section 31.  
   31.     The Tribunal may, by order, remove a person appointed as a guardian or manager if it is satisfied that—  

   PART III--INQUIRIES BY TRIBUNAL

   33.     The Tribunal shall not make an order unless it has held an inquiry into the relevant matter.  
   35.     (1) At least 7 days before the Tribunal holds an inquiry into a matter concerning a person, the President shall, so far as practicable, give written notice of the inquiry to—  
   40.     The Tribunal may appoint a lawyer or doctor or any other person with appropriate expertise to assist it in relation to an inquiry.  
   42.     Where a document is produced to the President in accordance with a requirement under subsection 38 (4) or 41 (1), the President—  
   44.     A copy of an order signed in accordance with subsection 43 (1) is admissible as evidence in proceedings that such an order was made.  
   46.     The Tribunal may allow an application for an order to be withdrawn at any time before it is determined.  
   51.     A person who has been given notice under section 41 to appear before the Tribunal shall not, without reasonable excuse—  
   52.     A person shall not, without reasonable excuse, fail to take an oath or make an affirmation when required to do so under section 38.  
   54.     A person shall not improperly influence a person in relation to the person's participation in an inquiry (whether as a member of the Tribunal or as a person giving evidence to the Tribunal) to act otherwise than in the course of the person's duty in relation to the inquiry.  
   55.     A person shall not, without reasonable excuse—  

   PART IV--GUARDIANSHIP AND MANAGEMENT OF PROPERTY TRIBUNAL

   57.     There is hereby established a Tribunal by the name of the Guardianship and Management of Property Tribunal.  
   61.     The Territory shall reimburse a member referred to in paragraph 58 (1) (b) for expenses reasonably incurred in the performance of the member's duties or functions.  
   62.     A member of the Tribunal may resign by writing given to the Executive.  
   64.     (1) The staff required to assist the Tribunal in the performance of its functions shall be public servants made available by the Head of Administration.  
   65.     No action, suit or proceeding lies against a person who is or has been—  

   PART V--MISCELLANEOUS EMERGENCY APPOINTMENTS

   74.     Where a body corporate is convicted of an offence against this Act or an offence against the Regulations, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.