Guardianship and Administration Act 2000
An Act to consolidate, amend and reform the law relating to the appointment of guardians and administrators to manage the personal and financial affairs of adults with impaired capacity, to confer jurisdiction on the Queensland Civil and Administrative Tribunal for particular purposes, to create an office of Public Advocate, and for other purposes
Chapter 1 Preliminary
1 Short title
This Act may be cited as the Guardianship and Administration Act 2000.
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Definitions
The dictionary in schedule 4 defines particular words used in this Act.
4 Act binds all persons
This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
Chapter 2 Explanation
5 Acknowledgements
This Act acknowledges the following—(a)an adult’s right to make decisions is fundamental to the adult’s inherent dignity;(b)the right to make decisions includes the right to make decisions with which others may not agree;(c)the capacity of an adult to make decisions may differ according to—(i)the type of decision to be made, including, for example, the complexity of the decision to be made; and(ii)the support available from members of the adult’s existing support network;(d)the right of an adult with impaired capacity to make decisions should be restricted, and interfered with, to the least possible extent;(e)an adult with impaired capacity has a right to adequate and appropriate support for decision-making.
6 Purpose to achieve balance
This Act seeks to strike an appropriate balance between—(a)the right of an adult with impaired capacity to the greatest possible degree of autonomy in decision-making; and(b)the adult’s right to adequate and appropriate support for decision-making.
7 Way purpose achieved
This Act—(a)provides that an adult is presumed to have capacity for a matter; and(b)together with the Powers of Attorney Act 1998, provides a comprehensive scheme to facilitate the exercise of power for financial matters and personal matters by or for an adult who needs, or may need, another person to exercise power for the adult; and(c)states principles to be observed by anyone performing a function or exercising a power under the scheme; and(d)encourages involvement in decision-making of the members of the adult’s existing support network; and(e)confers jurisdiction on the tribunal to administer particular aspects of the scheme; and(f)recognises the public trustee is available as a possible administrator for an adult with impaired capacity; and(g)provides for the appointment of the public advocate for systemic advocacy.
7A Relationship with Public Guardian Act 2014
This Act is to be read in conjunction with the Public Guardian Act 2014 which provides for the public guardian and the community visitor program (adult).
8 Relationship with Powers of Attorney Act 1998
(1)This Act is to be read in conjunction with the Powers of…