Advance Personal Planning Regulations 2014 (NT)
NORTHERN TERRITORY OF AUSTRALIA
ADVANCE PERSONAL PLANNING REGULATIONS 2014
As in force at 5 August 2020
NORTHERN TERRITORY OF AUSTRALIA
As in force at 5 August 2020
ADVANCE PERSONAL PLANNING REGULATIONS 2014
Regulations under the Advance Personal Planning Act 2013
These Regulations may be cited as the
(1) For section 9(2)(b) of the Act, an advance personal plan made by an adult must contain the information required by this regulation.
(2) The advance personal plan must contain the adult’s:
(a) full name; and
(b) date of birth; and
(c) residential address.
(3) If the advance personal plan appoints one or more decision makers, it must contain each decision maker’s:
(a) full name; and
(b) residential address; and
(c) phone number (if any); and
(d) email address (if any).
3 Authorised witnesses (1) For section 10(5)(b) of the Act, each of the following is an authorised witness:
(a) an accountant;
(b) the chief executive officer of a local government council;
(c) a health practitioner;
(d) a social worker;
(e) the principal of a Northern Territory school.
(2) In this regulation:
accountant means one of the following:(a) a member of the Institute of Chartered Accountants in Australia who holds a current Certificate of Public Practice issued by the Institute;
(b) a member of the CPA Australia who holds a current Public Practice Certificate in accordance with the by-laws of CPA Australia;
(ba) a member of the Institute of Public Accountants ACN 004 130 643 who holds a current Certificate of Professional Practice issued by the Institute;
(c) a person who holds a current Public Practising Certificate issued by the Association of Taxation and Management Accountants;
(d) a registered tax agent;
(e) a person registered as an auditor under the Corporations Act 2001.
health practitioner , see section 5 of the Health Practitioner Regulation National Law.principal ,see section 5 of theEducation Act 2015 .social worker means a person who is eligible for full membership of the Australian Association of Social Workers.
(1) For section 25(2)(d), each of the following is restricted health care action:
(a) special medical research or experimental health care;
(b) new health care of a kind that is not yet accepted as evidence‑based, best practice health care by a substantial number of health care providers specialising in the relevant area of health care;
(c) electroconvulsive therapy;
(d) any treatment that involves the use of an aversive stimulus, whether mechanical, chemical, physical or otherwise.
(2) In this regulation
special medical research or experimental health care means medical research or experimental health care:(a) relating to a condition the adult has or to which the adult has a significant risk of being exposed; or
(b) intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had.
(3) However, psychological research or approved clinical research is not special medical research or experimental health care.
(1) For section 30(1)(b) of the Act, a decision maker must, at all times while the decision maker has authority to exercise financial management powers for the adult, keep complete and up–to–date records of the adult’s assets and liabilities.
(2) The records must include:
(a) sufficient information to identify each of the adult’s assets and liabilities; and
(b) for each asset and liability, information related to:
(i) all dealings and transactions with the asset or liability; and
(ii) the condition and management of the asset or liability; and
(c) any other information reasonably necessary to demonstrate that the adult’s property and financial affairs are being managed in accordance with the Act.
6 Advance Personal Planning (Part 4A) Register For section 55C of the Act, the Registrar-General may register a certified copy of the part of an advance personal plan that authorises a decision maker to enter into a dealing in relation to land.
A notice mentioned in section 55C(1)(c) or (d) of the Act must be:
(a) in a form approved by the Registrar-General; or
(b) if the Registrar-General has not approved a form, in writing.
(1) For the definition
corresponding law insection 88(6) of the Act, each law listed in the Schedule is a corresponding law.(2) For the definition
recognised interstate document in section 88(6) of the Act, each document listed in the Schedule in respect of a corresponding law is a recognised interstate document.
For section 88(5) of the Act, a person appointed by a recognised interstate document to make decisions for the maker of the document cannot make a decision of a kind that a decision maker is prohibited from making by section 24 or 25 of the Act.
(1) A document purporting to be a copy of an advance personal plan is taken to be a true copy of the plan if it is certified in accordance with this regulation.
(2) The last page of the document must be certified to the effect that the document is a true and complete copy of the original advance personal plan.
(3) Each other page must be certified to the effect that it is a true and complete copy of the corresponding page of the original advance personal plan.
(4) Certification must be made by one of the following:
(a) the adult who made the plan;
(b) a commissioner for oaths;
(c) a justice of the peace;
(d) a public notary within the meaning of the
Public Notaries Act 1992 .
(5) A document purporting to be a copy of a certified copy of an advance personal plan is also taken to be a true copy of the plan if the document is certified under this regulation.
regulation 8
Jurisdiction | Corresponding law | Recognised interstate document |
Australian Capital Territory | Health direction | |
Enduring power of attorney | ||
New South Wales | Appointment of enduring guardian | |
Enduring power of attorney | ||
Queensland | Advance health directive Enduring power of attorney | |
South Australia | Advance care directive | |
Anticipatory direction Medical power of attorney | ||
Instrument appointing enduring guardian | ||
Enduring power of attorney | ||
Tasmania | Appointment of enduring guardian | |
Enduring power of attorney | ||
Victoria | Enduring power of attorney | |
Refusal of treatment certificate | ||
Advance care directive Appointment of appointed medical treatment decision maker | ||
Western Australia | Enduring power of attorney Enduring power of guardianship Advance Health Directives |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 17 March 2014 |
Commenced | 17 March 2014 |
Assent date | 13 November 2014 |
Commenced | 13 November 2014 |
Assent date | 10 December 2015 |
Commenced | pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016; rem: 1 January 2016 (s 2) |
Notified | 27 April 2016 |
Commenced | 27 April 2016 |
Notified | 5 August 2020 |
Commenced | 5 August 2020 |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 3 amd Act No. 38, 2014, s 2; Act No. 28, 2015, s 195
sch amd No. 8, 2016, r 3; No. 26, 2020, r 4
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