Guardianship and Administration Act 2000 (Qld)

Guardianship and Administration Act 2000

An Act to consolidate, amend and reform the law relating to the appointment of guardians and administrators to manage the personal and financial affairs of adults with impaired capacity, to confer jurisdiction on the Queensland Civil and Administrative Tribunal for particular purposes, to create an office of Public Advocate, and for other purposes

Chapter 1 Preliminary

1 Short title This Act may be cited as the Guardianship and Administration Act 2000.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Definitions The dictionary in schedule 4 defines particular words used in this Act.

4 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Chapter 2 Explanation

5 Acknowledgements This Act acknowledges the following— (a) an adult's right to make decisions is fundamental to the adult's inherent dignity; (b) the right to make decisions includes the right to make decisions with which others may not agree; (c) the capacity of an adult to make decisions may differ according to— (i) the type of decision to be made, including, for example, the complexity of the decision to be made; and (ii) the support available from members of the adult's existing support network; (d) the right of an adult with impaired capacity to make decisions should be restricted, and interfered with, to the least possible extent; (e) an adult with impaired capacity has a right to adequate and appropriate support for decision-making.

6 Purpose to achieve balance This Act seeks to strike an appropriate balance between— (a) the right of an adult with impaired capacity to the greatest possible degree of autonomy in decision-making; and (b) the adult's right to adequate and appropriate support for decision-making.