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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 138
As laid on the table and read a first time, 19 September
2005
South Australia
Guardianship
and Administration (Miscellaneous) Amendment Bill 2005
A Bill For
An Act to amend the Guardianship and Administration
Act 1993.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of
Guardianship and Administration Act 1993
4 Amendment of section 3—Interpretation
5 Amendment of section 6—Establishment
and constitution of Board
6 Amendment of section 8—Panels
7 Amendment of section 12—Decisions of
Board
8 Amendment of section 14—Powers and
procedures of Board
9 Amendment of section 25—Appointment
of enduring guardian
10 Amendment of section 32—Special powers
to place and detain, etc, protected persons
11 Amendment of
section 66—Constitution of ADD
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Guardianship and Administration
(Miscellaneous) Amendment Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Guardianship and Administration
Act 1993
4—Amendment of section 3—Interpretation
(1) Section 3(1), definition of dentist—delete
the definition and substitute:
dentist means a person who is registered as a
dental practitioner under the law of this State;
(2) Section 3(1), definition of health
professional—delete the definition and substitute:
health professional means a person who is authorised under
the law of this State to practise any of the following professions:
(a) chiropractic or osteopathy;
(b) nursing;
(c) occupational therapy;
(d) optometry;
(e) pharmacy;
(f) physiotherapy;
(g) podiatry;
(h) psychology;
(3) Section 3(1), definition of medical
practitioner—delete the definition and substitute:
medical practitioner means a person who is registered as a
medical practitioner under the law of this State;
5—Amendment of section 6—Establishment and constitution of Board
Section 6(5)—delete subsection (5) and
substitute:
(5) The regulations may provide that, in
relation to the exercise of specified functions or matters of a specified
class, the Board may be constituted of—
(a) the President, a Deputy President, or a member of a panel,
sitting alone; or
(b) any 2 members sitting together as follows:
(i) the President, or
a Deputy President, and a member of a panel;
(ii) 2
members of the same panel;
(iii) 1
member from each panel.
6—Amendment of section 8—Panels
(1) Section
8(3)—delete ", subject to subsection (4),"
(2) Section
8(4)—delete subsection (4)
7—Amendment of section 12—Decisions of Board
Section 12(1) and (2)—delete subsections
(1) and (2) and substitute:
(1) In proceedings before the Board under this
Act or any other Act—
(a) if the Board is constituted of 2 or more members (1 of whom
is the President or a Deputy President)—
(i) the President or
Deputy President will preside; and
(ii) any question of law or procedure will be determined by the
President or Deputy President; and
(iii) any other question will be determined by unanimous or
majority decision of the members;
(b) if the Board is constituted of 2 or more panel members—
(i) the President or a
Deputy President will nominate 1 of the members to preside; and
(ii) any question of law that arises must be referred to the President
or a Deputy President for decision (and a decision made on the reference is a
decision of the Board); and
(iii) any other question will be determined by unanimous or
majority decision of the members;
(c) if the Board is constituted of a panel member sitting alone—any
question of law that arises must be referred to the President or a Deputy
President for decision (and a decision made on the reference is a decision of
the Board).
(2) If
the Board when constituted of 2 or more members is unable to reach a decision
on a question (other than a question of law or procedure) before the Board, the
decision of the presiding member will prevail as the decision of the Board.
8—Amendment of section 14—Powers and procedures of Board
(1) Section 14(7) and (8)—delete subsections
(7) and (8) and substitute:
(7) Despite subsections (4) and (6), the Board
may, if satisfied that urgent action is required in proceedings before the
Board, make an order as a matter of urgency without complying with those
subsections, with effect as follows:
(a) if
it is an order under section 32(1)—for a period not exceeding 14 days as
directed by the Board;
(b) in the case of any other order—for a period not exceeding 21
days as directed by the Board.
(2) Section 14—after subsection (12) insert:
(12a) The
Board may, if satisfied that there is reason to adjourn proceedings before the
Board, adjourn the proceedings and make such other orders as are necessary or
appropriate in the circumstances.
9—Amendment of section 25—Appointment of enduring guardian
Section 25(4)—delete "appointee"
and substitute:
appointor
10—Amendment of section 32—Special powers to place and detain, etc, protected persons
Section 32(1)(c)—after
"medical" insert:
or dental
11—Amendment of section 66—Constitution of ADD
(1) Section
66(4)(c)—delete "subject to subsection (5),"
(2) Section 66(5)—delete subsection (5)