Guardianship and Administration Amendment Act 2000

Guardianship and Administration Amendment Act 2000

An Act to amend the Guardianship and Administration Act 1995

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Guardianship and Administration Amendment Act 2000 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Guardianship and Administration Act 1995 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended by omitting "represented" from the definition of administration order .

5.    Section 11 amended (Procedure of Board)

Section 11 of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of government department in subsection (1) :

service provider includes a financial institution or person with whom a proposed represented person has deposited money or on whose account money has been deposited;

(b) by omitting from subsection (8) "or to" and substituting "and to".

6.    Section 20 amended (Guardianship order)

Section 20(1) of the Principal Act is amended by inserting "or an order appointing an administrator" after "appointing a guardian".

7.    Section 25 amended (Authority of full guardian)

Section 25(2)(e) of the Principal Act is amended by inserting "and to refuse or withdraw consent to any such treatment" after "person".

8.    Section 32 amended (Appointment of enduring guardian)

Section 32 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "and any such instrument may appoint 2 or more persons to act jointly as enduring guardians" after "guardian";

(b) by omitting from subsection (2)(b) "the person appointed as the" and substituting "each person appointed as an";

(c) by omitting from subsection (5) "the appointee" and substituting "each appointee".

9.    Section 32A inserted

After section 32 of the Principal Act , the following section is inserted in Part 5:

32A.   Alternative enduring guardian

(1)  An instrument of appointment of an enduring guardian under section 32(1) who is not the Public Guardian may appoint a person to be an alternative enduring guardian of the represented person.

(2)  During the absence or incapacity of an enduring guardian of a represented person, an alternative enduring guardian of that person has the functions of his or her enduring guardian.

10.    Section 45 amended (Consent of Board)

Section 45 of the Principal Act is amended as follows:

(a) by omitting from subsection (3) "A" and substituting "Subject to subsection (4) , a";

(b) by inserting the following subsection after subsection (3) :

(4)  If –

(a) an application for the consent of the Board for the carrying out of medical or dental treatment on a person has been made under section 44 ; and

(b) the Board considers that the treatment is urgent –

the Board may give its consent for the treatment to be carried out immediately.

11.    Section 48A inserted

After section 48 of the Principal Act , the following section is inserted in Division 3:

48A.   Saving for rights under other laws

Nothing in this Part is taken to affect any rights conferred by any other law to consent to, or to refuse to consent to, medical or dental treatment.

12.    Section 51 amended (Administration orders)

Section 51 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "or an order appointing a guardian" after "for an order appointing an administrator";

(b) by omitting subsection (5) and substituting the following subsections:

(5)  An order made under subsection (1) –

(a) may be made subject to such conditions and restrictions as the Board thinks fit; and

(b) may be expressed to take effect when the represented person is aged 18 years.

(6)  The Board may exercise its powers under this section on an application under section 11E of the Powers of Attorney Act 1934 .

13.    Section 53 amended (Administration order to prevail over enduring power of attorney)

Section 53(1) of the Principal Act is amended by inserting "unless the order is made under Part 8 " after "force".

14.    Section 65 amended (Emergency orders)

Section 65(4) of the Principal Act is amended as follows:

(a) by omitting from paragraph (b) "circumstances." and substituting "circumstances; and";

(b) by inserting the following paragraph after paragraph (b) :

(c) the Board may make an administration order in respect of the estate of a person who is the donor of an enduring power of attorney in force under Part III of the Powers of Attorney Act 1934 , if he or she is of or over the age of 18 years.

15.    Section 69 amended (Notice of hearing)

Section 69 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) "be accompanied by a copy of the relevant application and is to";

(b) by omitting subsection (3) and substituting the following subsection:

(3)  The Board is not obliged to give notice of a hearing –

(a) to a person whose whereabouts cannot after reasonable inquiries be ascertained; or

(b) if the matter relates to the provision of medical or dental treatment and the Board considers it proper to dispense with notice of the hearing by reason of urgency.

16.    Section 72 substituted

Section 72 of the Principal Act is repealed and the following section is substituted:

72.   Date for hearing

The Board must commence the hearing of an application under this Act within 45 days after the day on which the application is received by the Board.

17.    Section 88 amended (Power to open wills)

Section 88 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  The Board may, for the purposes of a hearing under this Act, open and read any paper or writing which purports to be, or is alleged to be, the will of a person in respect of whom an application for a guardianship order or an administration order has been made.

18.   Schedule 3 amended (Instruments relating to enduring guardians)

Schedule 3 to the Principal Act is amended by omitting the Certificate of Witnesses from Form 1 and substituting the following Certificate:

[Second reading presentation speech made in:

House of Assembly on 30 MARCH 2000

Legislative Council on 6 APRIL 2000]