S. 3(1) def. of registered practitioner inserted by No. 40/1999 s. 4(1)(a), amended by No. 41/2002 s. 3(1), substituted by Nos 97/2005 s. 182(Sch. 4 item 23), 13/2010 s. 51(Sch. item 26). registered practitioner means— (a) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or (b) a person registered under the Health Practitioner Regulation National Law— (i) to practise in the dental profession as a dentist (other than as a student); and (ii) in the dentist division of that profession; regulations means regulations made under this Act; S. 3(1) def. of relevant human research ethics committee inserted by No. 3/2006 s. 4(1)(a). relevant human research ethics committee for a medical research procedure means the human research ethics committee responsible for approving the relevant research project; S. 3(1) def. of relevant research project inserted by No. 3/2006 s. 4(1)(a). relevant research project for a medical research procedure means the research project for the purposes of which the procedure is, or is to be, carried out; s. 3 S. 3(1) def. of represented person substituted by No. 64/2010 s. 31(b). represented person means— (a) any person in respect of whom— (i) a guardianship order is in effect; or (ii) an administration order under Part 5 is in effect; or
S. 35C inserted by No. 40/1999 s. 12. 35C Revocation of appointment by appointor s. 35C S. 35C(1) substituted by No. 41/2002 s. 9(1). (1) If a person appoints an enduring guardian or alternative enduring guardian, any earlier appointment of an enduring guardian or alternative enduring guardian (as the case may be) is revoked. S. 35C(2) amended by No. 41/2002 s. 9(2). (2) The appointor of an enduring guardian or alternative enduring guardian may, by instrument in writing, revoke the appointment. S. 35C(3) amended by No. 41/2002 s. 9(3)(a). (3) An instrument to revoke an appointment as enduring guardian or alternative enduring guardian is effective if— (a) it is in the form of, or to the effect of, Form 2 in Schedule 4; and (b) the execution of the instrument is attested by two witnesses— (i) neither of whom is a party to the instrument nor a relative to a party to it; and S. 35C(3)(b)(ii) amended by No. 41/2002 s. 9(3)(b). (ii) neither of whom is the person appointed as the enduring guardian or alternative enduring guardian (as the case may be); and (iii) both of whom have witnessed the instrument in the presence of the appointor and each other; and (iv) one of whom is authorised by law to witness the signing of a statutory declaration.
S. 35E inserted by No. 40/1999 s. 12. 35E Advice or direction of Tribunal s. 35E (1) An enduring guardian may apply to the Tribunal for an advisory opinion or directions on any matter or question relating to the scope of his or her appointment as such or the exercise of any power by the guardian under the instrument of appointment. (2) The Tribunal may— (a) give an advisory opinion or any directions it considers necessary; (b) vary the effect of the instrument appointing the enduring guardian; (c) suspend for a specified period the authority, either generally or in respect of a specific matter, of an enduring guardian under an instrument of appointment; (d) make any order it considers necessary. (3) The Tribunal of its own motion may direct, or give an advisory opinion to, an enduring guardian in respect of any matter. (4) An action does not lie against an enduring guardian on account of an act or thing done or omitted to be done by the guardian in accordance with any order, directions or advisory opinion of the Tribunal made or given under this section unless in representing the facts to the Tribunal the guardian has been guilty of fraud, wilful concealment or misrepresentation.
knowing that he or she is not authorised to give such consent or without reasonable grounds for believing that he or she is authorised to give such consent. 20 penalty units. Division 3—Emergency treatment S. 42A inserted by No. 40/1999 s. 14. 42A Emergency medical or dental treatment s. 42A S. 42A(1) amended by No. 3/2006 s. 6(4)(d)(i). (1) A registered practitioner may carry out, or supervise the carrying out of, a special procedure, a medical research procedure or medical or dental treatment on a patient without consent under this Part or authorisation under section 42T if the practitioner believes on reasonable grounds that the procedure or treatment is necessary, as a matter of urgency— (a) to save the patient's life; or (b) to prevent serious damage to the patient's health; or S. 42A(1)(c) amended by No. 3/2006 s. 6(4)(d)(ii). (c) in the case of a medical research procedure or medical or dental treatment, to prevent the patient from suffering or continuing to suffer significant pain or distress. S. 42A(2) amended by No. 3/2006 s. 6(4)(e)(i)(ii). (2) A registered practitioner who, in good faith, carries out, or supervises the carrying out, of a special procedure, a medical research procedure or medical or dental treatment in the belief on reasonable grounds that the requirements of this Division and, in the case of a medical research procedure, section 42Q have been complied with is not— (a) guilty of assault or battery; or
is not— (c) guilty of assault or battery; or (d) guilty of professional misconduct; or S. 42G(2)(e) amended by No. 3/2006 s. 8(1)(b). (e) liable in any civil proceedings for assault or battery; or S. 42G(2)(f) inserted by No. 3/2006 s. 8(1)(c). (f) guilty of an offence against subsection (1). (3) Nothing in this Division affects any duty of care owed by a registered practitioner to a patient. Division 5—Other medical or dental treatment S. 42H inserted by No. 40/1999 s. 14. 42H Consent of person responsible s. 42H (1) The person responsible for a patient may consent to the carrying out of any medical or dental treatment. Note to s. 42H(1) inserted by No. 41/2002 s. 18. Note However, section 42HA affects whether the person responsible may consent to the carrying out of medical or dental treatment in certain circumstances. (2) In determining whether or not to consent to medical or dental treatment, the person responsible must act in the best interests of the patient. S. 42HA inserted by No. 41/2002 s. 19. 42HA Consent if patient is likely to recover within a reasonable time (1) This section applies despite anything else in this Part but does not apply to emergency treatment under section 42A. (2) If a patient is likely to be capable, within a reasonable time, of giving consent to the carrying out of medical or dental treatment, the person
(5) This Division is subject to section 41, which prohibits the carrying out of medical treatment if a refusal of that treatment is in force under the Medical Treatment Act 1988. S. 42Q inserted by No. 3/2006 s. 9. 42Q Step 1—Approval of relevant research project s. 42Q (1) Step 1 is to determine whether the relevant research project has been approved by the relevant human research ethics committee. (2) A medical research procedure must not be carried out on a patient if the relevant research project has not been approved by the relevant human research ethics committee. (3) A medical research procedure must be carried out in accordance with the relevant human research ethics committee approval, including any conditions of that approval. S. 42R inserted by No. 3/2006 s. 9. 42R Step 2—Is patient likely to recover within a reasonable time? (1) Step 2 is to determine whether the patient is likely to be capable, within a reasonable time, of giving consent to the carrying out of a medical research procedure. (2) The reasonable time is the time by which, given the nature of the relevant research project, the procedure would need to be performed on the patient, having regard to— (a) the medical or physical condition of the patient; or (b) the stage of treatment or care; or (c) other circumstances specific to the patient. (3) If a patient is likely to be capable, within a reasonable time as determined in accordance with subsection (2), of giving consent to the carrying out of a medical research procedure, a registered
support a reasonable possibility of benefit for the patient as compared with standard treatment. (3) Before, or as soon as practicable after, the medical research procedure is carried out, the practitioner supervising the carrying out of the procedure (or, if there is no such person, the practitioner carrying out the procedure) must sign a certificate— (a) certifying as to each of the matters set out in subsection (2); and (b) stating that the person responsible (if any) or the patient (if the patient gains or regains capacity) will be informed as required by subsection (4). s. 42T (4) A registered practitioner involved in the relevant research project must inform the person responsible (if any) or the patient (if the patient gains or regains capacity) as soon as reasonably practicable of— (a) the patient's inclusion in the relevant research project; and (b) the option to refuse consent for the procedure to be continued and withdraw the patient from future participation in the project without compromising the patient's ability to receive any available alternative treatment or care. (5) The registered practitioner supervising the carrying out of the procedure (or, if there is no such person, the registered practitioner carrying out the procedure) must— (a) forward a copy of the certificate referred to in subsection (3) to the Public Advocate and the relevant human research ethics committee as soon as practicable (and in any
event within 2 working days) after supervising the carrying out of, or carrying out, the procedure; and (b) ensure that the certificate is kept in the patient's clinical records. (6) If— (a) the medical research procedure is a procedure extending over a period exceeding one month after a copy of the certificate is forwarded to the Public Advocate and the relevant human research ethics committee under subsection (5); and (b) the registered practitioner supervising the carrying out of the procedure (or, if there is no such person, the registered practitioner carrying out the procedure) believes on reasonable grounds that— s. 42T (i) the requirements of subsections (2)(b) and (8) (if applicable) have been met but the person responsible has not been able to be ascertained or contacted; and (ii) the patient has not gained or regained the capacity to consent— the practitioner must, at intervals of not more than one month while the procedure continues, sign a certificate, and forward a copy to the Public Advocate and the relevant human research ethics committee, certifying that each of the matters set out in subsection (2) continue to apply. (7) The registered practitioner supervising the carrying out of the procedure (or, if there is no such person, the registered practitioner carrying out the procedure) must ensure that each certificate under subsection (6) is kept in the patient's clinical records.
the administrator, or a charity with which the administrator has a connection, is $100 or more. 51 Powers of investment s. 51 S. 51(1) amended by Nos 55/1987 s. 57(2)(Sch. 4 item 13), 45/1994 s. 36(1), 52/1998 s. 127(1)(c)(i), 40/1999 s. 24(a). (1) Except as provided in section 53 or any order of the Tribunal, an administrator other than State Trustees in respect of any part of the estate of the represented person of which the administrator is the administrator— (a) may for such period as the administrator thinks fit allow any part of the estate to remain invested in the manner in which it has been invested by the represented person; and S. 51(1)(b) amended by No. 11/2001 s. 3(Sch. item 33). (b) may in the case of money deposited in an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth re-deposit it after it becomes payable; and S. 51(1)(c) amended by No. 104/1995 s. 6(Sch. 1 item 11(a)(i)). (c) has and may exercise in relation to any part of the estate the same powers as the administrator would have if the administrator were a trustee of that part of the estate under the Trustee Act 1958. S. 51(2) repealed by No. 104/1995 s. 6(Sch. 1 item 11(a)(ii)). * * * * * S. 51(3) repealed by No. 52/1998 s. 127(1)(c)(ii). * * * * * 52 Restriction on powers of represented person to enter into contracts etc. s. 52 S. 52(1) amended by No. 52/1998 s. 127(1)(d). (1) Where the Tribunal has made an administration order the represented person whilst a represented
(2) Any payment made under subsection (1) is subject to the satisfaction of any amount due to the administrator and all costs, expenses and liabilities incurred by the administrator in respect of the administration of that person's estate. (3) The receipt of a person who has ceased to be a represented person or of that person's personal representative is an absolute discharge to an administrator despite any informality in the discharge or certification. S. 58E inserted by No. 45/1994 s. 35. 58E Represented person entitled to inspection of accounts Any person who has ceased to be a represented person or the personal representative of any represented person is entitled, before or after obtaining the restoration of all or any part of the estate from an administrator— S. 58E(a) amended by No. 35/1996 s. 453(Sch. 1 item 37). (a) to examine and inspect or cause to be examined and inspected by a legal practitioner or other authorised agent all books, accounts, notices and other documents in the custody of the administrator relating to the estate and to make or cause to be made copies or extracts; and S. 58E(b) amended by No. 35/1996 s. 453(Sch. 1 item 37). (b) to have supplied to him or her or his or her legal practitioner or other authorised agent copies of or extracts from any book, account, notice or document; and S. 58E(c) amended by No. 35/1996 s. 453(Sch. 1 item 37). (c) to have given to him or her or his or her legal practitioner or other authorised agent information respecting the estate as is reasonably requested and can be given by the administrator.
S. 60(2) substituted by No. 40/1999 s. 18(3). (2) A temporary order— (a) remains in effect for such period not exceeding 21 days as is specified in the order; and (b) may be renewed once for a further period not exceeding 21 days. S. 60(3) amended by Nos 52/1998 s. 127(3)(b)(i), 40/1999 s. 18(4). (3) The Tribunal must hold a hearing to determine whether an administrator should be appointed under section 46 as soon as practicable after the making of a temporary order but within 42 days of making that order. S. 60(4) repealed by No. 52/1998 s. 127(3)(b)(ii). * * * * * s. 60 _______________ Pt 5A (Heading and ss inserted by No. 64/2010 s. 29. S. 60AA inserted by No. 64/2010 s. 29. 60AA Application for administration in respect of the estate of a missing person s. 60AA (1) Any person may apply to the Tribunal for an order appointing an administrator in respect of the estate of a missing person. (2) In addition to any other parties, the person proposed as administrator is a party to a proceeding on an application under subsection (1). S. 60AB inserted by No. 64/2010 s. 29. 60AB Appointment of administrator in respect of the estate of a missing person (1) If the Tribunal is satisfied that—
S. 66(9)(b) amended by No. 74/1987 s. 10. (b) the County Court; or S. 66(9)(c) inserted by No. 74/1987 s. 10, substituted by No. 57/1989 s. 3(Sch. item 89(a)). (c) the Magistrates' Court. S. 66(10)(11) repealed by No. 57/1989 s. 3(Sch. item 89(b)). * * * * * New s. 67 inserted by No. 3/2006 s. 21. 67 Effect of setting aside administration order on previous actions of administrator (1) An order of a court or tribunal (the setting aside order) that sets aside, or has the effect of setting aside, an administration order does not affect the validity of anything done in accordance with the administration order before the setting aside order takes effect. (2) Subsection (1) is subject to any order to the contrary by the court or tribunal making the setting aside order. Ss 67–69 repealed by No. 52/1998 s. 129(3)(a). * * * * * 70 Immunity from suit s. 67 S. 70(1) repealed by No. 52/1998 s. 129(3)(b). * * * * *
S. 85(4) amended by No. 52/1998 s. 129(3)(i)(i). (4) A protected person may apply to the Tribunal to hold a hearing to determine whether a guardianship order or an administration order should be made in respect of that person or his or her estate. s. 85 S. 85(5) amended by Nos 55/1987 s. 57(2)(Sch. 4 item 39), 52/1998 s. 129(3)(i)(i). (5) The State Trust must provide such information and assistance to the Tribunal in relation to protected persons as is reasonably necessary to enable the Tribunal to carry out its function under this section. S. 85(6) amended by No. 52/1998 s. 129(3)(i)(i). (6) Notwithstanding anything to the contrary in the Public Trustee Act 1958 or in any order made under that Act, upon the coming into effect of a determination of the Tribunal under this section in relation to a protected person, that person ceases to be a protected person. S. 85(7) amended by Nos 55/1987 s. 57(2)(Sch. 4 item 40), 52/1998 s. 129(3)(i)(i). (7) The Tribunal must notify the State Trust of a determination under this section without delay. S. 85(8) amended by Nos 55/1987 s. 57(2)(Sch. 4 item 41), 52/1998 s. 129(3)(i)(i), repealed by No. 52/1998 s. 129(3)(i)(ii). * * * * * S. 86 repealed by No. 55/1987 s. 57(2)(Sch. 4 item 42). * * * * * s. 85 __________________
Pt 9 (Heading and s. 87) repealed by No. 45/1994 s. 36(2), new Pt 9 (Heading and s. 86) inserted by No. 40/1999 s. 23. New s. 86 inserted by No. 40/1999 s. 23. 86 Enduring powers of attorney under the Instruments Act 1958 s. 86 (1) An enduring power of attorney under the Instruments Act 1958 executed before the commencement of section 12 of the Guardianship and Administration (Amendment) Act 1999 has effect on and after that commencement as if this Act had not been amended by that section. S. 86(2) repealed by No. 75/2003 s. 8. * * * * * S. 86A inserted by No. 3/2006 s. 22. 86A Enduring guardians An appointment of an enduring guardian made under this Act that was in force immediately before the commencement of sections 16 and 24 of the Guardianship and Administration (Further Amendment) Act 2006 is not invalid on or after that commencement only because— (a) it was not executed in accordance with section 35A as amended by section 16 of the Guardianship and Administration (Further Amendment) Act 2006; or (b) it is not in the form of Form 1 in Schedule 4 as amended by section 24 of the Guardianship and Administration (Further Amendment) Act 2006.
Assent Date: 24.8.10 Commencement Date: S. 229 on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Guardianship and Administration Act 1986 Endnotes Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: Ss 29–32 on 28.10.10: Government Gazette 21.10.10 p. 2530 : This information relates only to the provision/s amending the Guardianship and Administration Act 1986 Mental Health Act 2014, No. 26/2014 Assent Date: 8.4.14 Commencement Date: S. 455(Sch. item 12) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Guardianship and Administration Act 1986 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 76) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Guardianship and Administration Act 1986 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 22) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Guardianship and Administration Act 1986 ––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes