Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Act binds all persons

CHAPTER 2--EXPLANATION

   5.      Acknowledgements
   6.      Purpose to achieve balance
   7.      Way purpose achieved
   8.      Relationship with Powers of Attorney Act 1998
   9.      Range of substitute decision-makers
   10.     Types of matter
   11.     Principles for adults with impaired capacity
   11A.    Primary focus—adults

CHAPTER 3--APPOINTMENT OF GUARDIANS AND ADMINISTRATORS

           Part 1--Making an appointment order

   12.     Appointment
   13.     Advance appointment
   13A.    Advance appointment—guardian for restrictive practice matter
   14.     Appointment of 1 or more eligible guardians and administrators
   15.     Appropriateness considerations
   16.     Advice from proposed appointee about appropriateness and competence
   17.     Guardian or administrator to update advice about appropriateness and competence
   18.     Inquiries about appropriateness and competence
   19.     Comply with other tribunal requirement
   20.     Financial management plan
   21.     Advice to registrar of titles if appointment concerns land

           Part 2--Relationship between appointment and enduring document

   22.     Attorney's power subject to tribunal authorisation
   23.     Appointment without knowledge of enduring document
   24.     Protection if unaware of appointment
   25.     Protection if unaware power already exercised by advance health directive

           Part 3--Changing or revoking an appointment order

           Division 1--Revocation by appointee

   26.     Automatic revocation
   27.     Withdrawal with tribunal's leave

           Division 2--Change or revocation at tribunal review of appointment

   28.     Periodic review of appointment
   29.     Other review of appointment
   30.     Guardian or administrator to update advice about appropriateness and competence
   31.     Appointment review process
   32.     Tribunal to advise of change, revocation or ending of appointment
   32A.    Additional requirements if change, revocation or ending of appointment and interest in land involved

           Division 3--Directions

   32B.    Directions to former guardian or administrator

CHAPTER 4--FUNCTIONS AND POWERS OF GUARDIANS AND ADMINISTRATORS

           Part 1--General functions and powers of guardian or administrator

   33.     Power of guardian or administrator
   34.     Apply principles
   35.     Act honestly and with reasonable diligence
   36.     Act as required by terms of tribunal order
   37.     Avoid conflict transaction
   38.     Multiple guardians or administrators are joint if not otherwise stated
   39.     Act together with joint guardians or administrators
   40.     Consult with adult's other appointees or attorneys
   41.     Disagreement about matter other than health matter
   42.     Disagreement about health matter
   43.     Acting contrary to health care principle
   44.     Right of guardian or administrator to information
   45.     Execution of instrument etc.
   46.     Implied power to execute a deed
   47.     Payment of expenses
   48.     Remuneration of professional administrators

           Part 2--Particular functions and powers of administrators

   49.     Keep records
   50.     Keep property separate
   51.     Power to invest and continue investments
   54.     Gifts
   55.     Maintain adult's dependants

           Part 3--Other provisions applying to guardians and administrators

   56.     Protection if unaware of change of appointee's power
   57.     Advice of change of successive appointee
   58.     Power to excuse failure
   59.     Compensation for failure to comply
   60.     Power to apply to court for compensation for loss of benefit in estate

CHAPTER 5--HEALTH MATTERS AND SPECIAL HEALTH MATTERS

           Part 1--Philosophy and purpose

   61.     Purpose to achieve balance for health care

           Part 2--Scheme for health care and special health care

           Division 1--Health care—no consent

   62.     Division's scope
   63.     Urgent health care
   63A.    Life-sustaining measure in an acute emergency
   64.     Minor, uncontroversial health care

           Division 2--Health care and special health care—consent

   65.     Adult with impaired capacity—order of priority in dealing with special health matter
   66.     Adult with impaired capacity—order of priority in dealing with health matter
   66A.    When consent to withholding or withdrawal of life-sustaining measure may operate
   66B.    Certificate in clinical records if life-sustaining measure withheld or withdrawn
   67.     Effect of adult's objection to health care

           Part 3--Consent to special health care

   68.     Special health care
   69.     Donation of tissue
   70.     Sterilisation
   71.     Termination of pregnancy
   72.     Special medical research or experimental health care
   73.     Prescribed special health care
   74.     Subsequent special health care for adult

           Part 4--Other provisions about health care

   75.     Use of force
   76.     Health providers to give information
   77.     Protection of health provider
   78.     Offence to exercise power for adult if no right to do so
   79.     Offence to carry out health care unless authorised
   80.     No less protection than if adult gave health consent
           C
           HAPTER 5
           A
           C
           ONSENT TO STERILISATION OF CHILD WITH IMPAIRMENT

           Part 1--Preliminary

   80A.    Definitions for ch 5A
   80B.    Sterilisation

           Part 2--Consent by tribunal

   80C.    When tribunal may consent and effect of consent
   80D.    Whether sterilisation is in child's best interests

           Part 3--Tribunal proceedings

           Division 1--General

   80E.    Relationship with ch 7
   80F.    Members constituting tribunal

           Division 2--Applications

   80H.    Who may apply
   80I.    How to apply
   80J.    Tribunal advises persons concerned of hearing
   80K.    Who is an active party
   80L.    Child representative must be appointed

           Division 3--Proceeding

   80M.    Advice, directions and recommendations

           Division 5--Appeal

   80O.    Appellant

           Part 4--Other provisions about consent to sterilisation of child

   80P.    Health providers to give information
   80Q.    No less protection than if adult gave consent

CHAPTER 5B--RESTRICTIVE PRACTICES

           Part 1--Preliminary

   80R.    Application of ch 5B
   80S.    Purpose of ch 5B
   80T.    Effect of ch 5B on substitute decision-maker's ability to make health care decision
   80U.    Definitions for ch 5B

           Part 2--Containment or seclusion approvals

           Division 1--Giving containment or seclusion approvals

   80V.    When tribunal may approve use of containment or seclusion
   80W.    Matters tribunal must consider
   80X.    When tribunal may approve use of other restrictive practices

           Division 2--Period of containment or seclusion approval

   80Y.    Period for which containment or seclusion approval has effect
   80Z.    Automatic revocation of containment or seclusion approval

           Division 3--Reviewing a containment or seclusion approval

   80ZA.   When containment or seclusion approval may be reviewed
   80ZB.   Review process

           Part 3--Guardians for a restrictive practice matter

   80ZC.   Application of pt 3
   80ZD.   Appointment
   80ZE.   Requirements for giving consent—guardian for restrictive practice (general) matter
   80ZF.   Requirements for giving consent—guardian for restrictive practice (respite) matter

           Part 4--Short-term approval of adult guardian for use of particular restrictive practices

   80ZG.   Application of pt 4
   80ZH.   When adult guardian may give short-term approval for use of containment or seclusion
   80ZI.   Conditions to which s 80ZH approval is subject
   80ZJ.   Adult guardian's decision about whether to approve short term plan
   80ZK.   When adult guardian may give short-term approval for use of other restrictive practices
   80ZL.   Right of adult guardian to information for making decision
   80ZM.   Requirement for adult guardian to give notice of decision

           Part 5--Tribunal proceedings

           Division 1--General

   80ZN.   Relationship with ch 7

           Division 2--Applications

   80ZO.   Who may apply for a containment or seclusion approval
   80ZP.   Who may apply for appointment of guardian for restrictive practice matter

           Division 3--Other matters

   80ZQ.   Who is an active party
   80ZR.   Interim orders

           Part 6--Miscellaneous provisions

   80ZS.   Requirements for informal decision-makers—consenting to use of restrictive practices
   80ZT.   Informal decision-makers must maintain confidentiality
   80ZU.   Review of ch 5B

CHAPTER 6--QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

   81.     Tribunal's functions for this Act
   82.     Jurisdiction
   83.     Annual report by president

CHAPTER 7--TRIBUNAL PROCEEDINGS

           Part 1--General

   99.     Definitions for pt 1
   100.    Types of limitation order
   101.    Relationship with the QCAT Act
   102.    Members constituting tribunal
   103.    Access
   104.    Basis of consideration for limitation order
   105.    Open
   106.    Adult evidence order
   107.    Closure order
   108.    Non-publication order
   109.    Confidentiality order
   110.    Non-publication or confidentiality order made before hearing
   111.    Standing for limitation order
   112.    Making and notifying decision for limitation order
   113.    Written reasons for limitation order and copy of reasons
   114.    Procedural directions
   114A.   Publication about proceeding that discloses adult's identity
   114B.   No filing fee payable

           Part 2--Applications

   115.    Scope of applications
   118.    Tribunal advises persons concerned of hearing
   119.    Who is an active party
   121.    Protection if unaware of invalidity
   122.    Withdrawal by leave

           Part 3--Participation

   123.    Right of active party to appear
   124.    Representative may be used with tribunal's leave
   125.    Representative may be appointed
   126.    Tribunal to decide who are interested persons
   127.    Costs

           Part 4--Proceeding

   128.    Tribunal may stay decision pending hearing
   129.    Interim order
   130.    Tribunal to ensure it has all relevant information and material
   131.    Tribunal may proceed without further information
   134.    Report by tribunal staff
   136.    Witness fees and expenses
   137.    Offences by witnesses
   138.    Advice, directions and recommendations
   138AA.  Directions to former attorney
   138A.   Repeated applications for orders

           Part 5--Particular proceedings or orders

           Division 1--Declaration about capacity

   146.    Declaration about capacity
   147.    Effect of declaration about capacity to enter contract

           Division 2--Entry and removal warrant

   148.    Application for entry and removal warrant
   149.    Issue of entry and removal warrant
   150.    Role of occupier if entry and removal warrant
   151.    Reporting requirement after removal of adult

           Division 3--Miscellaneous

   152.    Tribunal authorisation or approval
   153.    Records and audit
   154.    Ratification or approval of exercise of power by informal decision-maker
   155.    Suspension of guardianship order or administration order

           Part 6--Decision

   156.    Making and notifying decision
   157.    Order postponing giving copy of decision
   158.    Copy of reasons to be given

           Part 8--Appeal

   163.    Appellant
   164.    Filing notice of appeal in particular circumstances

           Part 9--Recognition of order made under another law

   166.    Definitions for pt 9
   167.    Regulation prescribing recognised provision
   168.    Application to register
   169.    Registration
   170.    Effect of registration
   171.    Notice of registration and subsequent action to original maker

CHAPTER 8--ADULT GUARDIAN

           Part 1--Establishment, functions and powers

   173.    Adult guardian
   174.    Functions
   175.    Powers
   176.    Not under Ministerial control
   177.    Delegation
   178.    Consultation and employment of professionals
   179.    Advice and supervision

           Part 2--Investigative powers

   180.    Investigate complaints
   181.    Delegate for investigation
   182.    Records and audit
   183.    Right to information
   184.    Information by statutory declaration
   185.    Witnesses
   186.    Power of court if noncompliance with attendance notice
   187.    Power of court if failure to cooperate under subpoena
   188.    Self-incrimination not a reasonable excuse
   189.    Cost of investigations and audits
   190.    False or misleading statements
   191.    False or misleading documents
   192.    Obstructing investigation or audit
   193.    Report after investigation or audit
   193A.   Prohibited use of report after investigation or audit

           Part 3--Protective powers

   194.    Proceedings for protection of property
   195.    Suspension of attorney's power
   196.    Exercise of power during suspension
   197.    Power to apply for entry and removal warrant
   198.    Health providers may advise adult guardian

           Part 3A--Power to consent to forensic examination

   198A.   Consent to forensic examination

           Part 4--Administrative provisions

   199.    Appointment
   200.    Selection
   201.    Duration of appointment
   202.    Terms of appointment
   203.    Leave of absence
   204.    Acting adult guardian
   205.    Staff
   206.    Annual report
   207.    Not a statutory body for particular Acts

CHAPTER 9--PUBLIC ADVOCATE

           Part 1--Establishment, functions and powers

   208.    Public advocate
   209.    Functions—systemic advocacy
   210.    Powers
   211.    Not under Ministerial control
   212.    Delegation

           Part 2--Administrative provisions

   213.    Appointment
   214.    Selection
   215.    Duration of appointment
   216.    Terms of appointment
   217.    Leave of absence
   218.    Acting public advocate
   219.    Staff
   220.    Annual report
   221.    Not a statutory body for particular Acts

CHAPTER 10--COMMUNITY VISITORS

           Part 1--Preliminary

   222.    Definitions for ch 10
   223.    Purpose and allocation of community visitors

           Part 2--Functions and powers

   224.    Functions
   225.    Requirement to regularly visit
   226.    Requirement to visit if asked
   227.    Powers
   228.    Chief executive may authorise access outside normal hours
   229.    Consumer's views and wishes
   230.    Reports by community visitors

           Part 3--Administrative provisions

   230A.   Investigations about suitability of applicant to be community visitor
   230B.   Use of information obtained under this part
   231.    Appointment
   232.    Duration of appointment
   233.    Terms of appointment
   234.    Issue of identity cards
   235.    Production or display of identity card
   236.    Failure to return identity card
   237.    Annual report by chief executive

CHAPTER 11--MISCELLANEOUS PROVISIONS

           Part 1--Relationship with criminal law

   238.    Act does not authorise euthanasia or affect particular provisions of Criminal Code

           Part 2--Relationship with court jurisdiction

   239.    Litigation guardian process not affected
   240.    Supreme Court's inherent jurisdiction not affected
   241.    Transfer of proceeding
   242.    Stay of proceeding concerning an enduring document
   243.    Interim appointed decision-maker if Supreme Court proceeding
   244.    Chapter 3 applies for interim appointment

           Part 2A--Access to record of proceedings

   244A.   Access to record of proceedings

           Part 3--Settlements or damages awards

   245.    Settlements or damages awards

           Part 4--Protection from liability and dealing with information

   246.    Definitions for pt 4
   247.    Whistleblowers' protection
   248.    Protection from liability if honest and not negligent
   248A.   Protection for person carrying out forensic examination with consent
   249.    Protected use of confidential information
   249A.   Prohibited use of confidential information
   250.    Disclosure of information about investigations

           Part 5--Forms and regulations

   251.    Chief executive may approve forms
   252.    Regulation-making power

CHAPTER 12--TRANSITIONAL PROVISIONS AND REPEAL

           Part 1--Transitional provisions for adult guardian

   253.    Definitions for pt 1
   254.    Appointment of adult guardian continues
   255.    Particular things continued

           Part 2--Transitional provisions for committee

   256.    Power to apply to court for compensation for loss of benefit in estate because of committee
   257.    Tribunal's power if committee

           Part 3--Transitional provisions for, and repeal of, Intellectually Disabled Citizens Act 1985

   258.    Definitions for pt 3
   259.    Adult guardian assumes legal friend responsibilities
   260.    Management by public trustee
   261.    Council records to be given to tribunal
   262.    Repeal

           Part 4--Transitional provision for Guardianship and Administration and Powers of Attorney Amendment Act 2001

   262A.   Protection for health provider

           Part 5--Transitional provision for Discrimination Law Amendment Act 2002

   262B.   Application of amendments made by Discrimination Law Amendment Act 2002

           Part 6--Transitional provision for Guardianship and Administration and Other Acts Amendment Act 2003

   262C.   Application of amended s 29 to reviews of existing appointments
   262D.   Effect of contravention of repealed ss 52 and 53
   262E.   Person given notice of hearing able to become active party
   262F.   Interim orders

           Part 7--Transitional provisions for Justice and Other Legislation Amendment Act 2007

   263.    Directions to former guardian or administrator
   264.    Interim orders

           Part 8--Transitional provisions for Disability Services and Other Legislation Amendment Act 2008

   265.    Powers of guardians—use of restrictive practices
   266.    Short term approvals not to be given during transitional period

           Part 9--Transitional provision for Guardianship and Administration and Other Acts Amendment Act 2008

   267.    Directions to former attorney

           Part 10--Transitional provision for Fair Work (Commonwealth Powers) and Other Provisions Act 2009

   268.    Remuneration of professional administrators

           Part 11--Transitional provision for State Penalties Enforcement and Other Legislation Amendment Act 2009

   269.    Declaration and validation concerning particular reviews under s 29

           Part 12--Transitional provision for Forensic Disability Act 2011

   270.    Amendment of regulation by Forensic Disability Act 2011 does not affect powers of Governor in Council
           SCHEDULE 1 -- PRINCIPLES

           Part 1--General principles
           1. Presumption of capacity
           2. Same human rights
           3. Individual value
           4. Valued role as member of society
           5. Participation in community life
           6. Encouragement of self-reliance
           7. Maximum participation, minimal limitations and substituted judgment
           8. Maintenance of existing supportive relationships
           9. Maintenance of environment and values
           10. Appropriate to circumstances
           11. Confidentiality

           Part 2--Health care principle
           12. Health care principle
           SCHEDULE 2 -- TYPES OF MATTERS

           Part 1--Financial matter
           1. Financial matter

           Part 2--Personal matter
           2. Personal matter
           3. Special personal matter
           4. Health matter
           5. Health care
           5A. Life-sustaining measure
           5B. Good medical practice
           6. Special health matter
           7. Special health care
           8. Removal of tissue for donation
           9. Sterilisation
           10. Termination
           11. Primary reason for treatment
           12. Special medical research or experimental health care
           13. Approved clinical research
           14. Electroconvulsive therapy
           15. Psychosurgery
           17. Prescribed special health care

           Part 3--Legal matter
           18. Legal matter
           SCHEDULE 4 -- DICTIONARY
           Endnotes