GUARDIANSHIP AND ADMINISTRATION REGULATION 2000

Transcription

1 Queensland Subordinate Legislation 2000 No. 126 Act 2000 GUARDIANSHIP AND ADMINISTRATION REGULATION 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY PROVISIONS Page 1 Short title Commencement PART 2 ADDITIONAL INFORMATION REQUIRED IN APPLICATIONS 3 Application for appointment, the Act s 116(2) Application for declaration about capacity, the Act s 116(2) Application to register a registrable order, the Act s 116(2) Application for consent to special health care, the Act s 116(2) PART 3 MISCELLANEOUS PROVISIONS 7 Prescribed equivalent provisions SCHEDULE EQUIVALENT PROVISIONS

2 s 1 2 s 3 PART 1 PRELIMINARY PROVISIONS Short title 1. This regulation may be cited as the Regulation Commencement 2. This regulation commences on 1 July PART 2 ADDITIONAL INFORMATION REQUIRED IN APPLICATIONS Application for appointment, the Act s 116(2) 3.(1) An application to the tribunal for appointment of a guardian or administrator for an adult1 for a matter must include the following information (f) details of the matter; a detailed description of the adult s alleged impaired capacity for the matter; why the appointment is necessary; details of any enduring document made by the adult; for an application for appointment of a guardian a summary of the adult s financial position; for an application for appointment of an administrator (i) details of the adult s income, living expenses, assets and liabilities; and 1 See also the Act, section 117 (Application for appointment of guardian or administrator).

3 s 4 3 s 4 (ii) details of the current arrangements for management of the adult s financial matters; (g) (h) (i) (j) the name, address and telephone number of the proposed guardian or administrator; whether the adult has been informed of the application; a description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing; (2) The application must also include, for example, by attaching a report, information about the adult relevant to the application that is provided by a health provider. Application for declaration about capacity, the Act s 116(2) 4.(1) An application to the tribunal for a declaration about a person s capacity for a matter2 must include the following information the name, address and telephone number of the person; details of the matter; a detailed description of the person s alleged impaired capacity for the matter; a description of how the person communicates and information about the type of assistance, if any, the person might need at the hearing; (2) The application must also include, for example, by attaching a report, information about the person relevant to the application that is provided by a health provider. 2 See the Act, section 146 (Declaration about capacity).

4 s 5 4 s 6 Application to register a registrable order, the Act s 116(2) 5. An application to the tribunal to register an order about an adult made in another jurisdiction3 must include the following information a description of the adult s impaired capacity; the name of the jurisdiction in which, and prescribed recognised provision under which, the order was made; the name, address and telephone number of the adult s current guardian or administrator; the adult s address in Queensland and whether the adult will be residing in Queensland on a permanent basis; Application for consent to special health care, the Act s 116(2) 6.(1) An application to the tribunal for consent to special health care for an adult4 must include the following information a detailed description of the adult s alleged impaired capacity for the special health matter concerned; information about the proposed special health care, including (i) (ii) a description of the proposed special health care; and information about any available alternative forms of health care and an explanation why the proposed special health care is the preferred form of health care; and (iii) details of any risks to the adult if the proposed special health care is carried out; and (iv) details of any risks to the adult if the proposed special health care is not carried out; and 3 See the Act, chapter 7 (Tribunal proceedings), part 9 (Recognition of order made under another law). 4 See the Act, chapter 5 (Health matters and special health matters), part 3 (Consent to special health care).

5 s 7 5 s 7 (iii) particulars about when and where the proposed special health care would be carried out; (f) whether the adult has been informed of the application; whether the adult objects to the proposed special health care; a description of how the person communicates and information about the type of assistance, if any, the adult might need at the hearing; (2) The application must also include, for example, by attaching a report, information about the adult relevant to the application that is provided by a health provider. PART 3 MISCELLANEOUS PROVISIONS Prescribed equivalent provisions 7. The Acts specified in the schedule are prescribed for the Act, section The Act, section 167 (Regulation prescribing recognised provision)

6 6 SCHEDULE EQUIVALENT PROVISIONS section 7 Adult Guardianship Act (NT) Aged and Infirm Persons Property Act (NT) Guardianship Act 1987 (NSW) Act 1993 (SA) Act 1995 (Tas) Act 1990 (WA) Act 1986 (Vic) Guardianship and Management of Property Act 1991 (ACT) Protection of Personal and Property Rights Act 1988 (New Zealand) ENDNOTES 1. Made by the Governor in Council on 22 June Notified in the gazette on 23 June Laid before the Legislative Assembly on The administering agency is the Department of Justice and Attorney-General. State of Queensland 2000