South Australian Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1993

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Interaction of this Act with other Acts
   5.      Principles to be observed

   PART 2--Administration

           Division 1--The Guardianship Board

   6.      Establishment and constitution of Board
   7.      President and Deputy Presidents
   8.      Panels
   9.      Vacancies in office of President or Deputy President or on panels
   10.     Allowances and expenses
   11.     Validity of acts of the Board
   12.     Decisions of Board
   13.     Board may appoint assistants
   14.     Powers and procedures of Board
   15.     Board may require reports
   15A.    Mediation
   16.     Annual report by Board

           Division 2--Officers of the Board

   17.     The Registrar
   17A.    Executive Officer

           Division 3--The Public Advocate

   18.     The Public Advocate
   19.     Appointment of Public Advocate
   20.     Term of office of Public Advocate etc
   21.     General functions of Public Advocate
   22.     Public Advocate may raise matters with the Minister and the Attorney-General
   23.     Delegation by Public Advocate
   24.     Annual report

   PART 3--Power to appoint an enduring guardian

   25.     Appointment of enduring guardian
   26.     Revocation of appointment by Board
   27.     Special powers to place and detain etc mentally incapacitated person

   PART 4--Orders for guardianship or administration

           Division 1--Investigations

   28.     Investigations by Public Advocate

           Division 2--Guardianship orders

   29.     Guardianship orders
   30.     Variation or revocation of guardianship order
   31.     Powers of guardian
   32.     Special powers to place and detain etc protected persons
   33.     Applications under this Division
   34.     Reciprocal guardianship arrangements

           Division 3--Administration orders

   35.     Administration orders
   36.     Variation or revocation of administration order
   37.     Applications under this Division
   38.     Copy of order must be forwarded to Public Trustee
   39.     Powers and duties of administrator
   40.     Administrator's access to wills and other records
   41.     Power of administrator to continue to act after death etc of protected person
   42.     Power of administrator to avoid dispositions and contracts of protected person
   43.     Where administration has disturbed entitlements of beneficiaries, the Supreme Court has power to intervene
   44.     Reporting requirements for private administrators
   45.     Reporting by Public Trustee
   46.     Remuneration of professional administrators
   47.     Registration of administration orders
   48.     Reciprocal administration powers with certain states

           Division 4--Provisions applicable to guardians and administrators appointed under this Part

   49.     Withdrawal of applications
   50.     Criteria for determining suitability for appointment
   51.     Consent to appointment
   52.     Joint appointments
   53.     Commencement of orders
   54.     Termination of appointment
   55.     Board must give statement of appeal rights
   56.     Restriction of testamentary capacity of protected person
   57.     Review of Board's orders

   PART 5--Consent to medical and dental treatment of mentally incapacitated persons

   58.     Application of this Part
   59.     Consent of certain persons is effective
   60.     Person must not give consent unless authorised to do so under this Part
   61.     Prescribed treatment not to be carried out without Board's consent
   63.     Board's consent must be in writing

   PART 6--Appeals and references of questions of law

           Division 1--Review of Registrar's decisions and references of questions of law

   64.     Decisions of the Registrar are subject to review
   65.     Question of law may be referred to Supreme Court

           Division 2--Appeals to the Administrative and Disciplinary Division of the District Court

   66.     Constitution of ADD
   67.     Appeal from decisions of Board

           Division 3--Appeals to the Supreme Court

   70.     Appeals from decisions of ADD
   71.     Method of conducting appeal

           Division 4--General provisions

   72.     Operation of orders pending appeal
   73.     Representation on appeals

   PART 7--Miscellaneous

   74.     Board may give advice, direction or approval
   75.     Administrators and guardians to keep each other informed
   76.     Illtreatment or neglect of person with mental incapacity
   77.     Offences in relation to certain certificates and reports
   78.     Medical practitioner, psychologist or other health professional cannot act under this Act in respect of a relative
   79.     Improper inducement to appoint enduring guardian
   80.     Duty to maintain confidentiality
   81.     Prohibition of publication of reports of proceedings
   82.     Service of notices
   84.     Evidentiary provisions
   85.     Regulations
           SCHEDULE -Instrument appointing enduring guardian
           Legislative history