Queensland Numbered Acts

GUARDIANSHIP AND ADMINISTRATION AND OTHER ACTS AMENDMENT ACT 2008 No. 54 - SECT 15

Sections 156 to 158--

omit, insert--

'(1) This section does not apply in relation to the making of a limitation order.

Note--

In relation to the making of a limitation order, see section 109H.

'(2) The tribunal must make its decision on a matter involved in a proceeding within a reasonable time after the matter is heard.

'(3) Subject to section 157, as soon as practicable after making its decision, the tribunal must notify, and give a copy of its decision to, each relevant person.

'(4) The tribunal must also give a copy of its decision to anyone else who requests a copy.

'(5) For subsection (4), it is sufficient for the tribunal to give a copy of the decision in a form that does not contravene section 112.

'(6) When the tribunal gives a person a copy of a decision, the tribunal must also give the person a notice that, if the person is aggrieved by the decision, the person may obtain written reasons for the decision by making a written request to the tribunal within 28 days after the person is given the notice.

'(7) Subsection (6) does not apply if the tribunal gives the person a copy of its written reasons when the tribunal gives the person a copy of its decision.

'(8) In this section--

relevant person means--

(a) the adult concerned in the matter; or

(b) another active party in the proceeding; or

(c) another person given notice of the hearing of the application.

'(1) The tribunal may, by order (a postponement order), postpone notifying, and giving a copy of its decision to, a particular person under section 156.

'(2) The tribunal may make a postponement order only if the tribunal is satisfied, on reasonable grounds, that making the order is necessary to avoid--

(a) serious harm to a person; or

(b) the effect of the decision being defeated.

'(3) A postponement order has effect for the period specified in the order.

'(4) The maximum period that may be specified in a postponement order is 14 days.

'(5) A postponement order may be renewed, but only if the tribunal is satisfied there are exceptional circumstances justifying the renewal.

'(1) This section does not apply in relation to a decision to make a limitation order.

Note--

In relation to a decision to make a limitation order, see section 109I.

'(2) If directed by the president to give written reasons for a decision, the tribunal must give written reasons for the decision within 28 days after the later of the following days--

(a) the day the decision is made;

(b) the day the direction is given.

Editor's note--

Acts Interpretation Act 1954, section 27B--

27B Content of statement of reasons for decision

'(3) Also, the tribunal must give written reasons for a decision if a person aggrieved by the decision gives the tribunal a written request for the reasons within 28 days after the person is given notice under section 156(6).

'(4) If requested under subsection (3), the tribunal must give written reasons for the decision within 28 days after receiving the request.

'(1) This section does not apply in relation to a decision to make a limitation order.

Note--

In relation to a decision to make a limitation order, see section 109I.

'(2) This section applies if the tribunal gives written reasons for its decision on an application about a matter.

'(3) The tribunal must give a copy of the written reasons to--

(a) the adult concerned in the matter; and

(b) each other active party in the proceeding.

'(4) The tribunal must also give a copy of its written reasons to anyone else who requests a copy.

'(5) For subsection (4), it is sufficient for the tribunal to give a copy of the written reasons in a form that does not contravene section 112.'.