Guardianship Amendment (Interstate Enduring Guardians) Regulation 2003 (NSW)

2003 No 529

New South Wales

Guardianship Amendment (Interstate

Enduring Guardians) Regulation 2003

under the

Guardianship Act 1987

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Guardianship Act 1987.

CARMEL TEBBUTT, M.L.C., Minister for Disability Services

Explanatory note

Section 6O of the Guardianship Act 1987 provides for the recognition in this State of enduring guardians appointed in other States and Territories. The object of this Regulation is to prescribe, for the purposes of that section, instruments made under laws of other States or of Territories with the result that persons appointed under those instruments will be interstate enduring guardians within the meaning of that section.

This Regulation is made under the Guardianship Act 1987, including section 6O (as inserted by the Guardianship Amendment (Enduring Guardians) Act 2002) and section 108 (the general regulation-making power).

Published in Gazette No 124 of 8 August 2003, page 7619	Page 1
2003 No 529
Clause 1	Guardianship Amendment (Interstate Enduring Guardians) Regulation 2003

Guardianship Amendment (Interstate Enduring

Guardians) Regulation 2003

under the

Guardianship Act 1987

1      Name of Regulation

This Regulation is the Guardianship Amendment (Interstate

Enduring Guardians) Regulation 2003.

2 Commencement

This Regulation commences on 8 August 2003.

3 Amendment of Guardianship Regulation 2000

The Guardianship Regulation 2000 is amended as set out in

Schedule 1.

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2003 No 529

Guardianship Amendment (Interstate Enduring Guardians) Regulation 2003

Amendment	Schedule 1
Schedule 1 Amendment

(Clause 3)

Clause 5B

Insert after clause 5A:

5B Interstate enduring guardians

For the purposes of the definition of interstate enduring guardian in section 6O (5) of the Act, the following instruments are prescribed:

(a)	a power of attorney created under Division 2 of Part II of the Medical Treatment Act 1994 of the Australian Capital Territory,
(b)	an enduring power of attorney created under section 12 of the Powers of Attorney Act 1956 of the Australian Capital Territory,
(c)	an enduring power of attorney made under Part 2 of Chapter 3 of the Powers of Attorney Act 1998 of Queensland,
(d)	anadvancehealthdirectivemadeunderPart3of Chapter 3 of the Powers of Attorney Act 1998 of Queensland,
(e)	a medical power of attorney made under Division 3 of Part 2 of the Consent to Medical Treatment and Palliative Care Act 1995 of South Australia,
(f)	an appointment of an enduring guardian made under Part 3 of the Guardianship and Administration Act 1993 of South Australia,
(g)	an appointment of an enduring guardian made under Division 5A of Part 4 of the Guardianship and Administration Act 1986 of Victoria,
(h)	anenduringpowerofattorney(medicaltreatment) made under Part 2 of the Medical Treatment Act 1988 of Victoria,

(i) an appointment of an enduring guardian made under Part 5 of the Guardianship and Administration Act 1995 of Tasmania.

BY AUTHORITY

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