Guardianship of Adults Regulations 2016 (NT)

NORTHERN TERRITORY OF AUSTRALIA

GUARDIANSHIP OF ADULTS REGULATIONS 2016

As in force at 15 April 2020

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Commencement3 — Restricted health care4 — Record keeping requirements5 — Asset management planning6 — Interstate ordersSchedule — Corresponding Laws and interstate ordersENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 15 April 2020

GUARDIANSHIP OF ADULTS REGULATIONS 2016

Regulations under the Guardianship of Adults Act 2016

1Citation

These Regulations may be cited as the Guardianship of Adults Regulations 2016.

2Commencement

These Regulations commence on the commencement of the Guardianship of Adults Act 2016.

3Restricted health care

For section 8(1)(e) of the Act, each of the following is restricted health care:

• (a)

  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;

• (b)

  electroconvulsive therapy.

4Record keeping requirements

• (1)

  For section 28(1)(b) of the Act, a guardian must, at all times while the guardian has authority for financial matters, keep complete and up‑to‑date records of the represented adult’s assets and liabilities.

• (2)

  The records must include:

  • (a)

    sufficient information to identify each of the represented 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 decisions in relation to the represented adult’s financial matters are being made in accordance with the Act.

  5Asset management planning

  For section 32(2)(a) of the Act, an asset management plan must be in a form approved by the Tribunal.

6Interstate orders

• (1)

  For section 53 of the Act, definition corresponding law,each law listed in the Schedule is a corresponding law.

• (2)

  For section 53 of the Act, definition interstate order, each order listed in the Schedule opposite a corresponding law is an interstate order.

   

ScheduleCorresponding Laws and interstate orders

regulation 6(1) and (2)

Jurisdiction	Corresponding law	Interstate order
Australian Capital Territory	Guardianship and Management of Property Act 1991	An order made under section 7(2), 8(2), 8AA(4) or 67(1) of the corresponding law
New South Wales	Guardianship Act 1987	A guardianship order or financial management order made under the corresponding law
Queensland	Guardianship and Administration Act 2000	An order made under section 12, 13 or 129 of the corresponding law
South Australia	Guardianship and Administration Act 1993	An administration order or guardianship order made under the corresponding law
Tasmania	Guardianship and Administration Act 1995	An administration order or guardianship order made under the corresponding law
Victoria	Guardianship and Administration Act 1986 (repealed) Guardianship and Administration Act 2019	An administration order or guardianship order made under a corresponding law
Western Australia	Guardianship and Administration Act 1990	An administration order or guardianship order made under the corresponding law

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  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 Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1.

• 3

  LIST OF LEGISLATION

Guardianship of Adults Regulations 2016 (SL No. 36, 2016)
Notified	27 July 2016
Commenced	28 July 2016 (r 2, s 2 Guardianship of Adults Act 2016 (Act No. 15, 2016) and Gaz S74, 27 July 2016, p 1)
Guardianship of Adults Amendment Regulations 2020 (SL No. 5, 2020)
Notified	15 April 2020
Commenced	15 April 2020

• 4

  LIST OF AMENDMENTS

sch                   amd No. 5, 2020, r 4