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Guardianship and Administration (Miscellaneous Amendments) Act 1996
An Act to amend certain Acts in consequence of the enactment of the Guardianship and Administration Act 1995
[Royal Assent 12 November 1996]
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:
PART 1 - Preliminary
This Act may be cited as the Guardianship and Administration (Miscellaneous Amendments) Act 1996 .
(1) Parts 1 and 2 commence on the day after the day on which this Act receives the Royal Assent.(2) The remaining provisions of this Act commence on the same day as the Guardianship and Administration Act 1995 .
PART 2 - Amendments of Guardianship and Administration Act 1995
In this Act the Guardianship and Administration Act 1995 is referred to as the Principal Act.The amendment effected by this section has been incorporated into the authorised version of the Guardianship and Administration Act 1995 .The amendment effected by this section has been incorporated into the authorised version of the Guardianship and Administration Act 1995 .The amendment effected by this section has been incorporated into the authorised version of the Guardianship and Administration Act 1995 .The amendment effected by this section has been incorporated into the authorised version of the Guardianship and Administration Act 1995 .
PART 3 - Mental Health Act 1963 Amended[Commences: 1 September 1997]
In this Part, the Mental Health Act 1963 is referred to as the Principal Act.
9. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting from subsection (4) "or a guardianship application";(b) by omitting "or a guardianship application" from the definition of application in subsection (1) ;(c) by omitting the definition of Board from subsection (1) ;(d) by omitting the definition of nominated medical attendant from subsection (1) ;(e) by omitting the definitions of guardianship application and guardianship order from subsection (1) ;(f) by omitting paragraph (b) from the definition of responsible medical officer in subsection (1) ;(g) by omitting subsection (3) ;(h) by omitting from subsection (4) "or subject to guardianship".
10. Section 3A inserted
After section 3 of the Principal Act , the following section is inserted in Part I:3A. Application of Guardianship and Administration Act 1995
Where a provision of this Act is inconsistent with a provision of the Guardianship and Administration Act 1995 , the latter provision prevails to the extent of the inconsistency.
11. Section 8 repealed
Section 8 of the Principal Act is repealed.
12. Section 14 amended (Admission applications)
Section 14 of the Principal Act is amended by omitting subsection (3) .
13. Sections 22 and 23 amended
Sections 22 and 23 of the Principal Act are repealed.
14. Section 24 amended (Rectification of applications and recommendations)
Section 24 of the Principal Act is amended as follows:(a) by omitting subsection (2) ;(b) by omitting from subsection (3) "or subsection (2) ".
15. Section 25 amended (Re-classification of patients)
Section 25 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "or a guardianship application";(b) by omitting from subsection (1) "or is subject to guardianship";(c) by omitting from subsection (1) "or to the guardian, as the case may be,";(d) by omitting subsection (4) .
16. Sections 26 and 27 amended
Sections 26 and 27 of the Principal Act are repealed and the following section is substituted:(1) In such circumstances and subject to such conditions as may be prescribed, a patient who is for the time being liable to be detained in a hospital, by virtue of an application, may be transferred to another hospital.(2) Where a patient is transferred under subsection (1) and he or she is liable to be detained in a hospital by virtue of an admission application and is transferred to another hospital, this Part applies to him or her as if –(a) the application were an application for admission to that other hospital; and(b) the patient had been admitted to that other hospital at the time when he or she was originally admitted to a hospital under the application.(3) Regulations made for the purposes of this section may make provision with respect to the conveyance to their destination of patients authorised to be transferred under the regulations.
17. Section 29 amended (Return and re-admission of patients absent without leave)
Section 29 of the Principal Act is amended by omitting subsections (2) and (3) and substituting the following subsection:(2) A patient is not to be taken into custody under this section after the expiration of a period of 28 days beginning with the first day of his or her absence without leave and a patient who has not returned or been taken into custody under this section within that period ceases to be liable to be detained at the expiration of that period.
18. Section 30 repealed
Section 30 of the Principal Act is repealed.
19. Section 32 amended (Duration of authority)
Section 32 of the Principal Act is amended as follows:(a) by omitting from subsection (6) "or guardianship";(b) by omitting from subsection (5) "or guardianship";(c) by omitting from subsection (2) "or guardianship";(d) by omitting from subsection (1) "treatment, and a patient subject to guardianship in pursuance of a guardianship application," and substituting "treatment";(e) by omitting from subsection (1) "or kept subject to that guardianship, as the case may be,";(f) by omitting from subsection (1) "admitted, or the day on which the guardianship application was accepted, as the case may be," and substituting "admitted";(g) by omitting subsection (4) ;(h) by omitting from subsection (5) "or subsection (4) ".
20. Section 33 amended (Special provisions as to psychopathic and subnormal patients)
Section 33 of the Principal Act is amended by omitting subsections (5) and (6) .
21. Section 34 amended (Special provisions as to patients absent without leave)
Section 34(3) of the Principal Act is amended by omitting "or guardianship".
22. Section 35 amended (Special provisions as to patients sentenced to imprisonment, &c.)
Section 35 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "or is subject to guardianship";(b) by omitting from subsection (3) "or to be subject to guardianship".
23. Section 36 amended (Discharge of patients)
Section 36(2) of the Principal Act is amended as follows:(a) by omitting from paragraph (b) "patient; and" and substituting "patient.";(b) by omitting paragraph (c) .
24. Section 44 amended (Wards of court)
Section 44 of the Principal Act is amended by omitting subsection (3) .
25. Section 48 amended (Powers of Supreme Court to make hospital orders)
Section 48 of the Principal Act is amended by omitting subsection (1A) and substituting the following subsection:(1A) A hospital order is an order authorising the detention of the person to whom it relates in an institution.
26. Section 51 amended (General provisions as to making of hospital orders)
Section 51 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(b) "or a guardianship order";(b) by omitting from subsection (1) "or guardianship order";(c) by omitting from subsection (1)(a)(ii) ", or his reception into guardianship (as the case may be)";(d) by omitting subsection (4) ;(e) by omitting from subsection (6) "order, guardianship order," and substituting "order".
27. Section 55 amended (Effect of hospital orders on sentences of imprisonment)
Section 55 of the Principal Act is amended by omitting subsection (5) .
28. Section 57 amended (Effect of hospital orders on certain recognizances)
Section 57 of the Principal Act is amended by omitting subsections (3) and (4) .
29. Section 58 amended (Effect of hospital orders and guardianship orders on supervision orders)
Section 58 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "or a guardianship order in which the Board is named as guardian of the child";(b) by omitting subsection (2) .
30. Section 64 amended (Interpretation of Division 4)
Section 64(1) of the Principal Act is amended as follows:(a) by omitting "or guardianship";(b) by omitting "order, a guardianship order," and substituting "order".
31. Section 65 amended (General effect of hospital orders)
Section 65 of the Principal Act is amended as follows:(a) by omitting subsection (2) ;(b) by omitting subsection (4) .
32. Section 66 amended (Application of certain provisions of Part III to patients whose discharge is not subject to restriction)
Section 66 of the Principal Act is amended as follows:(a) by omitting from subsection (2) "or placed under guardianship by a guardianship order,";(b) by omitting from subsection (2) "or placed" second occurring;(c) by omitting from subsection (2) "or a guardianship application, as the case may be,";(d) by omitting from subsection (4) ", or his placing under the guardianship of the Board or the other person into whose guardianship he is transferred, as the case may be,";(e) by omitting subsection (5) ;(f) by omitting from subsection (6) "or the day on which a guardianship application was accepted".
33. Section 67 amended (Application of certain provisions of Part III to patients whose discharge is subject to restriction)
Section 67(2) of the Principal Act is amended by omitting "be transferred to the guardianship of the Board or any other person, nor shall he,".
34. Section 73 amended (Effect of orders on previous applications, &c.)
Section 73(1) of the Principal Act is amended as follows:(a) by omitting "or subject to guardianship";(b) by omitting "or placed under guardianship by a guardianship order,".
35. Section 74 amended (Orders, &c., having effect as applications, &c.)
Section 74 of the Principal Act is amended by omitting subsection (2) .
36. Section 76 amended (Powers of Tribunal)
Section 76 of the Principal Act is amended by omitting subsection (2) .
37. Section 79 amended (Supplementary provisions as to appeal)
Section 79(a) of the Principal Act is amended by omitting ", or the person to whose guardianship the patient is subject,".
38. Part VI repealed
Part VI of the Principal Act is repealed.
39. Section 106 amended (Ill-treatment of patients)
Section 106(3) of the Principal Act is amended by omitting "subject to his guardianship or otherwise".
40. Section 109 amended (Correspondence of patients)
Section 109 of the Principal Act is amended by omitting subsection (8) .
Section 105(1)(a) of the Principal Act is amended as follows:(a) by omitting from section 105(1)(a) "or subject to guardianship";(b) by omitting from section 104(2) "or subject to guardianship";(c) by omitting from section 104(1)(b) "or subject to guardianship";(d) by omitting from section 73(2) "or subject to guardianship";(e) by omitting from section 43 "or subject to guardianship";(f) by omitting from section 42(7)(b) "or subject to guardianship" first occurring;(g) by omitting from section 42(7)(a) "or subject to guardianship";(h) by omitting from section 41(7) "or subject to guardianship";(i) by omitting from section 36(1) "or subject to guardianship";(j) by omitting from section 34(2) "or subject to guardianship";(k) by omitting from section 34(1) "or subject to guardianship";(l) by omitting from section 31(1) "or subject to guardianship";(m) by omitting from section 73(2) "or guardianship order";(n) by omitting from section 61(8)(c) "or guardianship order";(o) by omitting from section 51(5) "or guardianship order";(p) by omitting from section 49(2) "or guardianship order";(q) by omitting from section 49(1) "or guardianship order";(r) by omitting from section 57(2) "or a guardianship order";(s) by omitting from section 50(2) "or a guardianship order";(t) by omitting from section 50(1) "or a guardianship order";(u) by omitting from section 49(5) "or a guardianship order";(v) by omitting from section 49(3) "or a guardianship order";(w) by omitting from section 48(1) "or a guardianship order";(x) by omitting from section 111(1)(a) "or a guardianship application";(y) by omitting from section 66(3) "or a guardianship application";(z) by omitting from section 41(4)(c) "or a guardianship application";(za) by omitting from section 16(3) "or a guardianship application";(zb) by omitting from section 25(3) "or guardian";(zc) by omitting from section 5(2) "or guardian".
42. Schedule 3 repealed
Schedule 3 to the Principal Act is repealed.
PART 4 - Amendment of Certain Acts[Commences: 1 September 1997]
The Acts specified in Schedule 1 are amended as specified in that Schedule.
SCHEDULE 1 - Amendment of Certain ActsAlcohol and Drug Dependency Act 1968[Commences: 1 September 1997]
1. Section 39(2) is amended by omitting paragraph (c) and substituting the following paragraph:Friendly Societies Act 1888(c) the making of a hospital order under the Mental Health Act 1963 or a guardianship order under the Guardianship and Administration Act 1995 ; or
1. Section 15(g) is amended by omitting "committee of his estate has been appointed under Part VI of the Mental Health Act 1963 ," and substituting "administrator of his estate has been appointed under the Guardianship and Administration Act 1995 ,".Land Acquisition Act 1993
1. Section 63(2) is amended by omitting paragraph (c) and substituting the following paragraph:(c) an administrator appointed under the Guardianship and Administration Act 1995 ; and
2. Section 64 is amended by omitting subsections (3) and (4) and substituting the following subsections:(3) Subject to subsection (4) , the powers conferred by section 63 on an administrator referred to in section 63(2)(c) –(a) are not to be exercised without the authority of the Guardianship and Administration Board given under section 56 of the Guardianship and Administration Act 1995 ; and(b) are to be exercised subject to any conditions or restrictions made by the Board under that section.(4) The Public Trustee Act 1930 has effect for the purposes of the Guardianship and Administration Act 1995 as if the powers conferred by section 63 on an administrator referred to in subsection (2)(c) of that section were included in the powers specified in section 32(1)(a) of the Public Trustee Act 1930 .
3. Section 65(2) is amended as follows:Land Titles Act 1980(a) by omitting from paragraph (a) "a committee has been appointed under Part VI of the Mental Health Act 1963 " and substituting "an administrator has been appointed under the Guardianship and Administration Act 1995 ";(b) by omitting "committee" third occurring and substituting "administrator".
1. Section 11(1)(d) is amended by omitting "committee of the estate of a patient appointed under Part VI of the Mental Health Act 1963 " and substituting "administrator of the estate of a person under the Guardianship and Administration Act 1995 ".
2. Section 133(5)(g) is amended by omitting "committee appointed under Part VI of the Mental Health Act 1963 " and substituting "administrator of the estate of a person under the Guardianship and Administration Act 1995 ".Limitation Act 1974
1. Section 2(3) is amended by omitting paragraphs (a) , (b) and (c) and substituting the following paragraphs:(a) while he is liable to be detained under the Mental Health Act 1963 ; or(b) while a guardianship order or an administration order in respect of his estate is in force under the Guardianship and Administration Act 1995 .
2. Section 27(2) is amended by omitting " Part VI of the Mental Health Act 1963 " and substituting "the Guardianship and Administration Act 1995 ".Local Government Act 1993
1. Section 254(2) is amended by omitting paragraph (d) and substituting the following paragraph:(d) is not subject to an order under the Mental Health Act 1963 or the Guardianship and Administration Act 1995 .
2. Section 255(3)(c) is amended by omitting subparagraph (iii) and substituting the following subparagraph:(iii) is subject to an order under the Mental Health Act 1963 or the Guardianship and Administration Act 1995 .
3. Section 270(1) is amended by omitting paragraph (g) and substituting the following paragraph:Powers of Attorney Act 1934(g) is not subject to an order under the Mental Health Act 1963 or the Guardianship and Administration Act 1995 ; and
1. Section 11D is repealed.Public Trustee Act 1930
1. Section 50A(4)(a) is amended by omitting "committed under the Mental Health Act 1963 " and substituting "administrator under the Guardianship and Administration Act 1995 ".Trustee Companies Act 1953
1. Section 7(1) is amended by omitting paragraph (c) and substituting the following paragraph:(c) an administrator of a person's estate under the Guardianship and Administration Act 1995 ;
2. Section 15(1) is amended by omitting "committee of the estate of a patient within the meaning of Part VI of the Mental Health Act 1963 ," and substituting "administrator of the estate of a person under the Guardianship and Administration Act 1995 ,".War Service Land Settlement Act 1950
1. Section 22(4) is amended as follows:(a) by omitting from paragraph (b) "the tenant becomes a patient within the meaning of Part VI of the Mental Health Act 1963 during the currency of the condition" and substituting "during the currency of the condition a guardianship order or an administration order under the Guardianship and Administration Act 1995 is in force,";(b) by omitting from paragraph (c) "such a patient" and substituting "subject to an order mentioned in paragraph (b) ";(c) by omitting from paragraph (c) "committee of the estate of the patient" and substituting "administrator of the estate of the tenant".