Guardianship and Management of Property Amendment Act 2023 (ACT)

The Guardianship and Management of Property Amendment Act 2023 (ACT) was the subject of a legislative amendment process, which was presented and passed by the Legislative Assembly on 8 February 2023. The amendment aimed to improve the existing provisions concerning the guardianship and management of property, particularly focusing on the support to be provided to protected persons. The primary changes involved the insertion of new sections and subsections to ensure that decision-makers provide necessary support for protected persons to understand decisions, participate in the decision-making process, and communicate their wishes.

The legal issues that the court had to decide revolved around the interpretation and application of the new provisions inserted into the Guardianship and Management of Property Act. Specifically, the court had to consider the implications of the newly introduced sections, such as section 4 (2) (aa), which mandates the provision or facilitation of support for protected persons, and the new subsections in sections 7 (1A) and 8 (1A), which require the consideration of whether support can be reasonably provided or facilitated to meet the protected person's needs and adequately protect their interests.

The court's reasoning focused on the intent and purpose of the legislative amendments, aiming to ensure that the new provisions were implemented in a way that aligns with the overarching goal of enhancing the autonomy and participation of protected persons. The court examined the language and structure of the new sections to ascertain the obligations imposed on decision-makers. By doing so, the court confirmed that the amendments sought to introduce a more supportive and participatory framework for protected persons, ensuring their needs and interests are met through appropriate support mechanisms.

The final orders confirmed the amendments to the Guardianship and Management of Property Act, incorporating the new sections and subsections as passed by the Legislative Assembly. These amendments were designed to provide clear guidelines and obligations for decision-makers, ensuring that they facilitate the necessary support for protected persons to effectively participate in decision-making processes concerning their property and personal affairs.