Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Guardianship and
Administration Act 1990 and includes the amendments made by the other
written laws referred to in the following table 1a. The table
also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
24 of 1990 |
7 Sep 1990 |
s. 1 and 2: 7 Sep
1990; |
|
|
Guardianship and Administration Amendment
Act 1992 |
16 of 1992 |
17 Jun 1992 |
17 Jun 1992 (see s. 2) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Guardianship and Administration Amendment
Act 1996 |
7 of 1996 |
24 May 1996 |
s. 1 and 2:
24 May 1996; |
|
Mental Health (Consequential Provisions)
Act 1996 Pt. 8 |
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) |
|
Reprint of the Guardianship and Administration
Act 1990 as at 21 Apr 1997
|
|||
|
Acts Amendment and Repeal (Family Court)
Act 1997 s. 32 |
41 of 1997 |
9 Dec 1997 |
26 Sep 1998 (see s. 2 and Gazette
25 Sep 1998 p. 5295) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 67 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Guardianship and Administration Amendment
Act 1998 |
8 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2) |
|
Guardianship and Administration Amendment
Act 2000 8 |
70 of 2000 |
4 Dec 2000 |
4 Dec 2000 (see s. 2) |
|
Acts Amendment (Lesbian and Gay Law Reform) Act 2002
Pt. 10 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette
20 Sep 2002 p. 4693) |
|
Reprint of the Guardianship and Administration
Act 1990 as at 22 Nov 2002
|
|||
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 70 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 40 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Criminal Code Amendment Act 2004
s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
Children and Community Services Act 2004
Sch. 2 cl. 11 |
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette
14 Feb 2006 p. 695) |
|
Acts Amendment (Court of Appeal) Act 2004
s. 37 (Sch. 1 cl. 7) 9 |
45 of 2004 (as amended by No. 2 of 2008
s. 75(3)) |
9 Nov 2004 |
Sch. 1 cl. 7 (the amendments to s. 18(1) and
19(b)): |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 56
Subdiv. 1 10, 11 |
55 of 2004 |
24 Nov 2004 |
24 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 3: The Guardianship and Administration
Act 1990 as at 1 Apr 2005
|
|||
|
Family Legislation Amendment Act 2006 Pt. 6
Div. 2 |
35 of 2006 |
4 Jul 2006 |
15 Jul 2006 (see s. 2 and Gazette
14 Jul 2006 p. 2559) |
|
Criminal Investigation (Consequential Provisions)
Act 2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette
22 Jun 2007 p. 2838) |
|
Wills Amendment Act 2007
s. 25 |
27 of 2007 |
26 Oct 2007 |
9 Feb 2008 (see s. 2 and Gazette
8 Feb 2008 p. 313) |
|
Acts Amendment (Justice) Act 2008
Pt. 12 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette
11 Jul 2008 p. 3253) |
|
Legal Profession Act 2008
s. 667 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Medical Practitioners Act 2008 Sch. 3 cl.
22 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette
25 Nov 2008 p. 4989) |
|
Acts Amendment (Consent to Medical Treatment)
Act 2008 Pt. 2 12 |
25 of 2008 |
19 Jun 2008 |
Pt. 2 other than s. 11 (to the extent that it inserts
s. 110RA, 110ZAA, 110ZAB and 110ZAC) and s. 12: 15 Feb 2010
(see s. 2 and Gazette 8 Jan 2010
p. 9) |
|
Surrogacy Act 2008
Pt. 4 Div. 4 |
47 of 2008 |
10 Dec 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 512) |
|
Reprint 4: The Guardianship and Administration
Act 1990 as at 6 Feb 2009
|
|||
|
Statutes (Repeals and Miscellaneous Amendments)
Act 2009 s. 68 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009
s. 38 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Reprint 5: The Guardianship and Administration
Act 1990 as at 5 Mar 2010 (includes amendments listed
above) |
|||
|
Standardisation of Formatting Act 2010
s. 18 and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
Public Sector Reform Act 2010
s. 89` |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Acts Amendment (Consent to Medical Treatment)
Act 2008 Pt. 2 6 |
25 of 2008 |
19 Jun 2008 |
s. 11 (to the extent that it inserts s. 110RA,
110ZAA, 110ZAB and 110ZAC) and s. 12: to be proclaimed (see
s. 2) |
2 The reference in s. 45(2)(d) is a reference to
subsection (4) as inserted by the Acts Amendment (Consent to Medical
Treatment) Act 2008 s. 6(3), which reads as follows:
(4) A plenary guardian cannot consent to the sterilisation of the
represented person, except in accordance with Division 3.
3 Section 45(4) (second occurrence) was inserted by the Wills
Amendment Act 2007 s. 25.
4 The Public Trustee Act 1941 s. 53 was deleted by the
Public Trustee and Trustee Companies Amendment Act 2008 s. 31.
5 The reference in s. 110G(1) to s. 45(4) is a reference to
subsection (4) as inserted by the Acts Amendment (Consent to Medical
Treatment) Act 2008 s. 6(3), which is set out in endnote 2. An enduring
guardian is also subject to the limitation set out in s. 45(4) as inserted
by the Wills Amendment Act 2007 s. 25, which reads as follows:
(4) A plenary guardian may not make a will or other testamentary
disposition on behalf of a represented person but this subsection does not
affect the operation of section 111A.
6 On the date as at which this compilation was prepared, the
Acts Amendment (Consent to Medical Treatment) Act 2008 s. 11
(to the extent that it inserts s. 110RA, 110ZAA, 110ZAB and 110ZAC) and
s. 12 have not come into operation.
When inserted in Pt. 9B Div. 1, s. 110RA will read as
follows:
110RA. Registration of advance health directive
An advance health directive may be registered in the register referred to
in section 110ZAA.
When inserted in Pt. 9B Div. 4, s. 110ZAA, 110ZAB and 110ZAC
will read as follows:
110ZAA. Register of advance health directives
(1) A register of advance health directives must be established and
maintained.
(2) The regulations may provide for any matter that is necessary or
convenient for the registration of advance health directives, including the
following —
(a) who must establish and maintain the register;
(b) the form and manner in which the register must be established and
maintained;
(c) the contents of the register, including proof of the
contents;
(d) who may apply for registration;
(e) the procedure for registration, including the alteration and removal
of entries in the register;
(f) who may have access to or obtain information from the
register;
(g) the review by the State Administrative Tribunal of decisions allowing,
or refusing to allow, people to have access to or obtain information from the
register;
(h) the procedure for accessing or obtaining information from the
register.
(3) No fee or charge is payable in respect of any matter connected with
the register or registration.
110ZAB. Disclosure of information obtained from register
(1) In this section —
register means the register referred to in
section 110ZAA.
(2) A person who has access to the register must not disclose any
information on the register unless the disclosure is authorised by
subsection (4).
Penalty: $5 000.
(3) A person who obtains any information from the register must not
disclose the information unless the disclosure is authorised by
subsection (4).
Penalty: $5 000.
(4) For subsections (2) and (3), a disclosure is authorised if it
is —
(a) authorised by, or made for the purposes of, this Act; or
(b) made with the consent of the maker of the advance health directive to
which the information relates; or
(c) made for a purpose, or in a circumstance, prescribed by the
regulations; or
(d) otherwise authorised or required by law.
110ZAC. Regulations to facilitate national register
(1) In this section —
advance health directive means —
(a) an advance health directive made under this Part; or
(b) an instrument created under the law of another State or a Territory
that corresponds sufficiently, in form and effect, to an advance health
directive made under this Part, whether or not the instrument is recognised
under section 110ZA(1).
(2) The regulations may make provision to facilitate —
(a) the establishment of a national register of advance health directives;
and
(b) if a national register is established — the registration of
advance health directives on it.
Section 12 reads as follows:
12. Section 113 amended
After section 113(1) the following subsection is
inserted —
(1a) Subsection (1) does not apply to information obtained from the
register referred to in section 110ZAA, and section 110ZAB applies to
that information instead.
7 Repealed by the Mental Health (Consequential Provisions)
Act 1996.
8 The Guardianship and Administration Amendment Act 2000
s. 21 reads as follows:
21. Transitional and validation
(1) A person appointed before the commencement day under an enduring power
of attorney (as defined in section 102) as the donee of the power in
substitution of another donee on or during the occurrence of certain events or
circumstances —
(a) is, from the commencement day, to be regarded as having been appointed
a substitute donee under section 104B; and
(b) any act of that person under that power of attorney before the
commencement day is to be regarded as having been as valid as if
section 104B had been in operation at that time and the person had been
appointed a substitute donee under it.
(2) Nothing in subsection (1) affects any decision
of —
(a) the Board under section 109; or
(b) a court or other tribunal,
and to the extent that subsection (1) conflicts or is inconsistent
with such a decision, that decision prevails.
(3) In subsection (1) —
commencement day means the day on which this Act comes into
operation;
section means a section of the Guardianship and
Administration Act 1990.
9 The Acts Amendment (Court of Appeal) Act 2004
Sch. 1 cl. 7 (to amend s. 37A and the heading to Part 3
Div. 4) was deleted by the Criminal Law and Evidence Amendment
Act 2008 s. 75(3).
10 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
11 The State Administrative Tribunal
Regulations 2004 r. 52 reads as follows:
52. Guardianship and Administration Act 1990
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 56 comes into operation;
the GA Act means the Guardianship and Administration
Act 1990.
(2) Unless the context otherwise requires, where in —
(a) an arrangement entered into under the GA Act section 44A(1);
or
(b) a notice of an arrangement published in the Gazette under the
GA Act section 44A(2),
there is a reference to the Guardianship and Administration Board, on or
after the commencement day that reference is to be read and construed as a
reference to the State Administrative Tribunal.
(3) If immediately before the commencement day —
(a) the Guardianship and Administration Board is required under the GA Act
section 80(3) to examine any accounts lodged under section 80(1) or
delivered under section 80(2) of the GA Act; and
(b) the Board has not made a decision under the GA Act
section 80(3),
on the commencement day, the obligation to examine those accounts is
transferred to the Public Trustee and the Public Trustee is to examine the
accounts in accordance with the GA Act section 80.
(4) If immediately before the commencement day the Guardianship and
Administration Board is carrying out, but has not completed, a review under the
GA Act section 85 or 86, on or after the commencement day the review
is to be carried out and completed by the State Administrative Tribunal as if
the application for the review had been made to it under the relevant
section.
(5) If —
(a) before the commencement day a report is made to the Guardianship and
Administration Board under the GA Act section 107(1)(d); and
(b) the Board has not made an order under the GA Act section 109(3)
in relation to that report,
on or after the commencement day, the State Administrative Tribunal may
make an order under the GA Act section 109(3) as if the report had been
made to it under the GA Act section 107(1)(d).
(6) If before the commencement day the Guardianship and Administration
Board has appointed an auditor under the GA Act section 109(1)(b) and
a copy of the auditor’s report has not been furnished to the Board under
that provision, on and after the commencement day, the auditor is to be taken to
have been appointed by the State Administrative Tribunal and is to furnish the
report to the Tribunal and the applicant for the order.
(7) If immediately before the commencement day a notice is required to be
given under the GA Act section 111(4) but that notice has not been given
before the commencement day, on or after the commencement day that notice is to
be given by the executive officer of the State Administrative
Tribunal.
(8) If immediately before the commencement day the Guardianship and
Administration Board is dealing with, but has not completed the consideration
of, an application under the GA Act section 111(5) or 112(4), on
or after the commencement day the application is to be transferred to the State
Administrative Tribunal and the Tribunal is to deal with the application as if
the application had been made to it under the relevant subsection.
(9) If —
(a) an enduring power of attorney created by instrument in the form or
substantially in the form of the GA Act Schedule 3 Form 1;
or
(b) a statement of acceptance in the form, or substantially in the form,
of the GA Act Schedule 3 Form 2,
in effect immediately before the commencement day contains a reference to
the Guardianship and Administration Board, on and after the commencement day
that reference is to be taken to be a reference to the State Administrative
Tribunal.
12 The Acts Amendment (Consent to
Medical Treatment) Act 2008 s. 14 reads as follows:
14, Review of the Guardianship and Administration
Act 1990
(1) The Minister administering the Guardianship and Administration
Act 1990 is to carry out a review of the operation and effectiveness of
the provisions of the Guardianship and Administration Act 1990 and
the relevant sections of The Criminal Code as soon as practicable after
the expiration of 3 years from the commencement of this Act.
(2) The Minister is to prepare a report based on the review made under
subsection (1) and cause the report to be laid before each House of
Parliament within 4 years after the commencement of this Act.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
act 114(4)
administration
order 3(1)
administrator 3(1)
advance health directive 3(1),
110ZH
application 3(1)
appointee 110E(1)
appointor 110A
corporate
trustee 3(1)
Court 18(1)
Deputy President 3(1)
designated
country 67(5)
determination 3(1)
donee 102
enduring
guardian 3(1)
enduring power of attorney 102
enduring power of
guardianship 3(1)
executive officer 3(1)
foreign
administrator 83B(4)
Full Tribunal 3(1)
guardian 3(1)
guardianship
order 3(1)
health professional 110ZH
legal practitioner 3(1)
life
sustaining measure 3(1)
member 3(1)
mental disability 3(1)
nearest
relative 3(1)
palliative care 3(1)
party 3(1)
patient 110ZC,
110ZH
President 3(1)
procedure for the sterilisation 56
Public
Advocate 3(1)
Public Trustee 3(1)
relevant finding 67(5)
relevant
official 83C(4)
represented person 3(1), 56
substitute enduring
guardian 3(1)
take treatment action 110ZK(1)
treatment 3(1)
treatment
decision 3(1)
urgent treatment 110ZH