Guardianship Regulation 2016 (2016-556) (NSW)

Guardianship Regulation 2016

Part 1 Preliminary

1 Name of Regulation This Regulation is the Guardianship Regulation 2016.

2 Commencement This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Guardianship Regulation 2010 which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation: restricted substance means a substance that is specified in Schedule Four of the Poisons List under the Poisons and Therapeutic Goods Act 1966. the Act means the Guardianship Act 1987.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1. (3) Notes included in this Regulation (other than in Schedule 1) do not form part of this Regulation.

Part 2 Enduring guardians

4 Eligible witnesses (1) For the purposes of paragraph (a) (iv) of the definition of eligible witness in section 5 of the Act, the following persons are prescribed: (a) a foreign lawyer within the meaning of the Legal Profession Uniform Law (NSW), (b) a person: (i) who is a member of staff of the NSW Trustee and Guardian or is employed in Service NSW, and (ii) who has completed an approved course of study, and (iii) who has been approved by the Chief Executive Officer of the NSW Trustee and Guardian for the purposes of this paragraph. (2) For the purposes of this clause: approved course of study means a course of study approved by the Minister by order published in the Gazette.