Guardianship and Management of Property Amendment Act 2023 (ACT)

Guardianship and Management of Property Amendment Act 2023

A2023-2

An Act to amend the Guardianship and Management of Property Act 1991

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Guardianship and Management of Property Amendment Act 2023.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Guardianship and Management of Property Act 1991.

4. Principles to be followed by decision-makers
   New section 4 (2) (aa)

   before paragraph (a), insert

   (aa)the decision-maker must provide or facilitate, as far as practicable, support necessary for the protected person to understand the decision to be made, participate in decision-making and communicate their wishes;

5. Section 4 (2) (c)

   after

   cannot be

   insert

   worked out or

6. Appointment and powers of guardians
   New section 7 (1A)

   after the notes, insert

   (1A)In considering subsection (1) (c), the ACAT must consider—

   (a)if support necessary for the protected person to make, participate in and communicate their own decisions were to be provided or facilitated—if it is reasonably likely the person’s—

   (i)needs would be met; and

   (ii)interests would be adequately protected; and

   (b)if it is reasonably likely that the necessary support can be provided or facilitated.

7. Appointment and powers of managers
   New section 8 (1A)

   insert

   (1A)In considering subsection (1) (c), the ACAT must consider—

   (a)if support necessary for the protected person to make, participate in and communicate their own decisions were to be provided or facilitated—if it is reasonably likely the person’s—

   (i)needs would be met; and

   (ii)interests would be adequately protected; and

   (b)if it is reasonably likely that the necessary support can be provided or facilitated.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 21 September 2022.

2. Notification

   Notified under the Legislation Act on 15 February 2023.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Guardianship and Management of Property Amendment Bill 2023, which originated in the Legislative Assembly as the Guardianship and Management of Property Amendment Bill 2022 and was passed by the Assembly on 8 February 2023.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2023