Guardianship Act 1987 (NSW)

Guardianship Act 1987 No 257

An Act with respect to the guardianship of persons who have disabilities; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Guardianship Act 1987.

2 Commencement This Act shall commence on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— authorised officer, in relation to any provision of this Act, means— (a) an employee who is declared to be an authorised officer for the purposes of that provision, or (b) an employee who belongs to a class of employees who are declared to be authorised officers for the purposes of that provision, by an order in force under subsection (3). child means a person who is under the age of 18 years. Department means the Department of Family and Community Services. employee means a Public Service employee who is employed to enable the Tribunal to exercise its functions in the Guardianship Division of the Tribunal. enduring guardian means a person appointed as an enduring guardian under Part 2. estate of a person means the property and affairs of the person. exempt premises means— (a) the premises of— (i) a government school or non-government school within the meaning of the Education Act 1990, (ii) a private health facility licensed under the Private Health Facilities Act 2007 or a nursing home within the meaning of the Public Health Act 2010, (iii) a mental health facility within the meaning of the Mental Health Act 2007, (iv) a statutory health corporation or affiliated health organisation under the Health Services Act 1997, or (v) a public hospital or health service under the control of a local health district constituted under the Health Services Act 1997, (b) any premises belonging to a class of premises prescribed by the regulations, or (c) in relation to any provision of this Act, any premises declared to be exempt premises for the purposes of that provision by an order in force under subsection (4). guardian means a person who is, whether under this Act or any other Act or law, a guardian of the person of some other person (other than a child who is under the age of 16 years), and includes an enduring guardian. guardianship order means an order referred to in section 14. NSW Trustee means the NSW Trustee and Guardian constituted under the NSW Trustee and Guardian Act 2009. person in need of a guardian means a person who, because of a disability, is totally or partially incapable of managing his or her person. person under guardianship means a person who has a guardian within the meaning of this Act. premises includes any land, building, vehicle or vessel. proprietor, in relation to premises, means— (a) if the premises are not leased—the owner, or (if there is more than one owner) any of the owners, of the premises, or (b) if the premises are leased—the lessee, or (if there is more than one lessee) any of the lessees, who is entitled to immediate possession of the premises. Public Guardian means the Public Guardian referred to in section 77. Secretary means the Secretary of the Department. spouse means— (a) the person to whom a person is legally married (including the husband or wife of a person), or (b) a de facto partner, but where more than one person would so qualify as a spouse, means only the last person so to qualify.