Western Australian Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   3A.     Inherent jurisdiction of Supreme Court not affected

   PART 2 -- Principles to be observed by State Administrative Tribunal  

   4.      Principles stated

   PART 3 -- The State Administrative Tribunal

           Division 1 -- Functions and proceedings  

   13.     Jurisdiction of State Administrative Tribunal  
   16.     Costs  
   17.     Further provisions as to proceedings

           Division 2A -- Review of determination where State Administrative Tribunal comprises one member  

   17A.    Review  
   17B.    Executive officer to give notice of review

           Division 3 -- Appeals  

   18.     Term used: Court  
   19.     Right of appeal by leave  
   20.     Application for leave  
   21.     Grounds  
   22.     Grant or refusal of leave  
   23.     Ancillary orders and directions  
   24.     Reference of application to Court  
   25.     Application and appeal may be heard together  
   26.     Notice to other parties  
   27.     Amendment of grounds of appeal  
   28.     Status of State Administrative Tribunal’s determination pending disposal of appeal  
   29.     Nature of appeal, and evidence  
   30.     Powers of Court  
   31.     Want of form  
   32.     Notification of result of appeal to executive officer  
   33.     Discontinuance of appeal  
   34.     Dismissal for want of prosecution  
   35.     Application for reinstatement of appeal  
   36.     Time may be extended or shortened  
   37.     Enforcement of order for costs

   PART 4 -- Applications for guardianship and administration orders  

   40.     Application  
   41.     Notice of hearing

   PART 5 -- Guardianship

           Division 1 -- Appointment of guardian  

   43.     Making of guardianship order  
   44.     Who may be appointed guardian  
   44A.    Interstate arrangements for guardianship orders

           Division 2 -- Functions of guardians  

   45.     Authority of plenary guardian  
   46.     Authority of limited guardian  
   47.     Guardian may apply for directions  
   48.     Guardian may execute documents etc.  
   49.     Guardian may obtain warrant to enter  
   50.     Effect of actions etc. of guardian  
   51.     Guardian to act in best interests of represented person  
   53.     Guardians to act unanimously  
   54.     Death of joint guardian  
   55.     Alternate guardian to take over on death of guardian  
   55A.    Priority of guardianship order

           Division 3 -- Limitations on sterilisation of persons under guardianship or where application for guardianship made  

   56.     Terms used  
   56A.    Only Full Tribunal to act under this Division  
   57.     Prerequisites for sterilisation of persons to whom this Division applies  
   58.     Restriction on guardian’s consent  
   59.     Application for consent  
   60.     Notice of hearing  
   63.     State Administrative Tribunal may consent if in best interests of represented person

   PART 6 -- Estate administration

           Division 1 -- Appointment of administrator  

   64.     Making of administration order  
   65.     Emergency provision  
   66.     Acts may be authorised without administration order  
   67.     Non-residents etc.  
   68.     Who may be appointed administrator

           Division 2 -- Functions of administrators  

   69.     Authority of administrator  
   70.     Administrator to act in best interests of represented person  
   71.     Authority which may be conferred on administrator  
   71A.    Amendment of order to confer particular function  
   72.     Further provisions as to authority of administrators  
   74.     Administrator may apply for directions  
   75.     Administrators to act unanimously  
   76.     Administrator may employ agents  
   77.     Represented person incapable of dealing with estate  
   78.     Cessation of authority of administrator  
   79.     Represented person bound by acts of administrator  
   80.     Accounts  
   81.     Enforcement of security  
   82.     Transactions may be set aside  
   83.     Saving for certain rules of court

           Division 3 -- Interjurisdictional arrangements in relation to administration powers  

   83A.    Reciprocating States  
   83B.    Foreign administrator may authorise Public Trustee to administer property in this State  
   83C.    Administrator may authorise relevant official to administer property in reciprocating State  
   83D.    Interstate arrangements for recognition of administration orders

   PART 7 -- Review of orders  

   84.     State Administrative Tribunal to review orders periodically  
   85.     Circumstances in which review mandatory  
   86.     Review on application  
   87.     Leave to apply for review  
   88.     Application for review  
   89.     Notice of review  
   90.     Powers of State Administrative Tribunal on review

   PART 8 -- The Public Advocate  

   91.     Public Advocate  
   92.     Resignation, removal etc.  
   93.     Acting Public Advocate  
   94.     Staff  
   95.     Powers of delegation  
   96.     Existing rights etc.  
   97.     Functions of Public Advocate  
   98.     Notification to Public Advocate as to mentally impaired accused  
   99.     Public Advocate to act on death of guardian or administrator  
   100.    Judicial notice  
   101.    Annual report of Public Advocate  
   101A.   Public Advocate may raise matters with Minister

   PART 9 -- Enduring powers of attorney  

   102.    Terms used  
   103.    Other Acts  
   104.    Execution of enduring power of attorney  
   104A.   Recognition of powers of attorney created in other jurisdictions  
   104B.   Substitute donees  
   104C.   Eligibility for appointment as donee or substitute donee  
   105.    Enduring power of attorney survives incapacity  
   106.    Donee may apply for declaration of legal incapacity  
   107.    Obligations of donee  
   108.    Appointment of administrator  
   109.    On application State Administrative Tribunal may intervene  
   110.    Notice of application

   PART 9A -- Enduring powers of guardianship

           Division 1 -- Preliminary matters  

   110A.   Term used: appointor

           Division 2 -- Making of enduring power of guardianship  

   110B.   Appointing enduring guardian  
   110C.   Substitute enduring guardians  
   110D.   Who is eligible to be appointed  
   110E.   Formal requirements

           Division 3 -- Operation of enduring power of guardianship  

   110F.   When enduring guardian may act  
   110G.   Functions generally  
   110H.   Certain provisions apply in relation to enduring guardian and appointor  
   110I.   Priority of enduring power of guardianship

           Division 4 -- Jurisdiction of State Administrative Tribunal  

   110J.   Who may apply  
   110K.   Declaration about validity of enduring power of guardianship  
   110L.   Declaration of incapacity of appointor  
   110M.   Directions as to construction of terms etc.  
   110N.   Revocation or variation of enduring power of guardianship  
   110O.   Recognition of instrument created in another jurisdiction

   PART 9B -- Advance health directives

           Division 1 -- Making of advance health directive  

   110P.   Making advance health directive  
   110Q.   Formal requirements  
   110QA.  Maker may indicate in directive whether advice obtained  
   110R.   Requirements in relation to treatment decision in advance health directive

           Division 2 -- Operation of advance health directive  

   110S.   Operation generally  
   110T.   Effect of subsequent enduring power of guardianship  
   110U.   Priority of treatment decision in advance health directive

           Division 3 -- Jurisdiction of State Administrative Tribunal  

   110V.   Who may apply  
   110W.   Declaration about validity of directive or treatment decision  
   110X.   Declaration of incapacity of maker  
   110Y.   Directions as to construction of terms etc.  
   110Z.   Declaration that treatment decision has been revoked  
   110ZA.  Recognition of instrument created in another jurisdiction

           Division 4 -- Miscellaneous matters  

   110ZB.  Common law preserved

   PART 9C -- Persons responsible for patients

           Division 1 -- Preliminary matters  

   110ZC.  Term used: patient

           Division 2 -- Treatment decisions by persons responsible for patients  

   110ZD.  Circumstances in which person responsible may make treatment decision  
   110ZE.  Priority of treatment decision of person responsible

           Division 3 -- Jurisdiction of State Administrative Tribunal  

   110ZF.  Who may apply  
   110ZG.  Declaration that person responsible may make treatment decision

   PART 9D -- Treatment decisions in relation to patients under legal incapacity

           Division 1 -- Preliminary matters  

   110ZH.  Terms used

           Division 2 -- Provision of treatment  

   110ZI.  Urgent treatment generally  
   110ZIA. Urgent treatment after attempted suicide  
   110ZJ.  Order of priority of persons who may make treatment decision in relation to patient  
   110ZK.  Reliance by health professional on treatment decision  
   110ZL.  Validity of certain treatment decisions

           Division 3 -- Jurisdiction of State Administrative Tribunal  

   110ZM.  Who may apply  
   110ZN.  Declaration as to who may make treatment decision

   PART 10 -- Miscellaneous provisions  

   111.    Declaration as to capacity to vote  
   111A.   Applications under Wills Act 1970 s. 40  
   112.    Inspection of records  
   113.    Confidentiality  
   114.    Immunity  
   115.    Service of notices  
   117.    Remuneration  
   118.    Expenses  
   119.    Order of priority of enduring guardian and guardian for matters other than treatment decisions  
   119A.   No fee for application to State Administrative Tribunal  
   120.    Regulations  
   124.    Transitional provisions
           SCHEDULE 1 -- Provisions as to proceedings of State Administrative Tribunal  
           SCHEDULE 2 -- Functions for administration of estates
           SCHEDULE 3 -- Forms for enduring power of attorney
           SCHEDULE 5 -- Transitional provisions  
           Compilation table