Guardianship and Administration Act 1990 (WA)

Western Australia Guardianship and Administration Act 1990 Western Australia Guardianship and Administration Act 1990 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3AA. Term used: medical research 1 3A. Inherent jurisdiction of Supreme Court not affected 1 3B. Act does not authorise decisions about voluntary assisted dying 1 Part 2 — Principles to be observed by State Administrative Tribunal 4. Principles stated 1 Part 3 — The State Administrative Tribunal Division 1 — Functions and proceedings 13. Jurisdiction of State Administrative Tribunal 1 16. Costs 1 17. Further provisions as to proceedings 1 Division 2A — Review of determination where State Administrative Tribunal comprises one member 17A. Review 1 17B. Executive officer to give notice of review 1 Division 3 — Appeals Subdivision 1 — Preliminary 18. Term used: Court 1 18A. Application of Division 1 Subdivision 2 — Appeals by leave from determinations of State Administrative Tribunal generally 19. Right of appeal by leave 1 20. Application for leave 1 21. Grounds 1 22. Grant or refusal of leave 1 23. Ancillary orders and directions 1 24. Reference of application to Court 1 25. Application and appeal may be heard together 1 Subdivision 3 — Appeals from decisions relating to consent to performance of abortion 25A. Appeal from Tribunal's decision relating to consent to performance of abortion 1 25B. Grounds 1 25C. Status of State Administrative Tribunal's decision pending disposal of appeal 1 Subdivision 4 — General provisions about appeals 26. Notice to other parties 1 27. Amendment of grounds of appeal 1 28. Status of State Administrative Tribunal's determination pending disposal of appeal 1 29. Nature of appeal, and evidence 1 30. Powers of Court 1 31. Want of form 1 32. Notification of result of appeal to executive officer 1 33. Discontinuance of appeal 1 34. Dismissal for want of prosecution 1 35. Application for reinstatement of appeal 1 36. Time may be extended or shortened 1 37. Enforcement of order for costs 1 Part 4 — Applications for guardianship and administration orders 40. Application 1 41. Notice of hearing 1 Part 5 — Guardianship Division 1 — Appointment of guardian 43. Making of guardianship order 1 44. Who may be appointed guardian 1 44A. Interstate arrangements for guardianship orders 1 Division 2 — Functions of guardians 45. Authority of plenary guardian 1 46. Authority of limited guardian 1 47. Guardian may apply for directions 1 48. Guardian may execute documents etc. 1 49. Guardian may obtain warrant to enter 1 50. Effect of actions etc. of guardian 1 51. Guardian to act in best interests of represented person 1 53. Guardians to act unanimously 1 54. Death of joint guardian 1 55. Alternate guardian to take over on death of guardian 1 55A. Priority of guardianship order 1 Division 3 — Limitations on sterilisation of persons under guardianship or where application for guardianship made 56. Terms used 1 56A. Only Full Tribunal to act under this Division 1 57. Prerequisites for sterilisation of persons to whom this Division applies 1 58. Restriction on guardian's consent 1 59. Application for consent 1 60. Notice of hearing 1 63. State Administrative Tribunal may consent if in best interests of represented person 1 Part 6 — Estate administration Division 1 — Appointment of administrator 64. Making of administration order 1 65. Emergency provision 1 66. Acts may be authorised without administration order 1 67. Non‑residents etc. 1 68. Who may be appointed administrator 1 Division 2 — Functions of administrators 69. Authority of administrator 1 70. Administrator to act in best interests of represented person 1 71. Authority which may be conferred on administrator 1 71A. Amendment of order to confer particular function 1 72. Further provisions as to authority of administrators 1 74. Administrator may apply for directions 1 75. Administrators to act unanimously 1 76. Administrator may employ agents 1 77. Represented person incapable of dealing with estate 1 78. Cessation of authority of administrator 1 79. Represented person bound by acts of administrator 1 80. Accounts 1 81. Enforcement of security 1 82. Transactions may be set aside 1 83. Saving for certain rules of court 1 Division 3 — Interjurisdictional arrangements in relation to administration powers 83A. Reciprocating States 1 83B. Foreign administrator may authorise Public Trustee to administer property in this State 1 83C. Administrator may authorise relevant official to administer property in reciprocating State 1 83D. Interstate arrangements for recognition of administration orders 1 Part 7 — Review of orders 84. State Administrative Tribunal to review orders periodically 1 85. Circumstances in which review mandatory 1 86. Review on application 1 87. Leave to apply for review 1 88. Application for review 1 89. Notice of review 1 90. Powers of State Administrative Tribunal on review 1 Part 8 — The Public Advocate 91. Public Advocate 1 92. Resignation, removal etc. 1 93. Acting Public Advocate 1 94. Staff 1 95. Powers of delegation 1 96. Existing rights etc. 1 97. Functions of Public Advocate 1 98. Supervised persons under Criminal Law (Mental Impairment) Act 2023 1 99. Public Advocate to act on death of guardian or administrator 1 100. Judicial notice 1 101. Annual report of Public Advocate 1 101A. Public Advocate may raise matters with Minister 1 Part 9 — Enduring powers of attorney 102. Terms used 1 103. Other Acts 1 104. Execution of enduring power of attorney 1 104A. Recognition of powers of attorney created in other jurisdictions 1 104B. Substitute donees 1 104C. Eligibility for appointment as donee or substitute donee 1 105. Enduring power of attorney survives incapacity 1 106. Donee may apply for declaration of legal incapacity 1 107. Obligations of donee 1 108. Appointment of administrator 1 109. On application State Administrative Tribunal may intervene 1 110. Notice of application 1 Part 9A — Enduring powers of guardianship Division 1 — Preliminary matters 110A. Term used: appointor 1 Division 2 — Making of enduring power of guardianship 110B. Appointing enduring guardian 1 110C. Substitute enduring guardians 1 110D. Who is eligible to be appointed 1 110E. Formal requirements 1 Division 3 — Operation of enduring power of guardianship 110F. When enduring guardian may act 1 110G. Functions generally 1 110H. Certain provisions apply in relation to enduring guardian and appointor 1 110I. Priority of enduring power of guardianship 1 Division 4 — Jurisdiction of State Administrative Tribunal 110J. Who may apply 1 110K. Declaration about validity of enduring power of guardianship 1 110L. Declaration of incapacity of appointor 1 110M. Directions as to construction of terms etc. 1 110N. Revocation or variation of enduring power of guardianship 1 110O. Recognition of instrument created in another jurisdiction 1 Part 9B — Advance health directives Division 1 — Making of advance health directive 110P. Making advance health directive 1 110Q. Formal requirements 1 110QA. Maker may indicate in directive whether advice obtained 1 110R. Requirements in relation to treatment decision in advance health directive 1 Division 2 — Operation of advance health directive 110S. Operation generally 1 110T. Effect of subsequent enduring power of guardianship 1 110U. Priority of treatment decision in advance health directive 1 Division 3 — Jurisdiction of State Administrative Tribunal 110V. Who may apply 1 110W. Declaration about validity of directive or treatment decision 1 110X. Declaration of incapacity of maker 1 110Y. Directions as to construction of terms etc. 1 110Z. Declaration that treatment decision has been revoked 1 110ZA. Recognition of instrument created in another jurisdiction 1 Division 4 — Miscellaneous matters 110ZB. Common law preserved 1 Part 9C — Persons responsible for patients Division 1 — Preliminary matters 110ZC. Term used: patient 1 Division 2 — Treatment decisions by persons responsible for patients 110ZD. Circumstances in which person responsible may make treatment decision 1 110ZE. Priority of treatment decision of person responsible 1 Division 3 — Jurisdiction of State Administrative Tribunal 110ZF. Who may apply 1 110ZG. Declaration that person responsible may make treatment decision 1 Part 9D — Treatment decisions in relation to patients under legal incapacity Division 1 — Preliminary matters 110ZH. Terms used 1 Division 2 — Provision of treatment Subdivision 1 — Urgent treatment 110ZI. Urgent treatment generally 1 110ZIA. Urgent treatment after attempted suicide 1 Subdivision 2 — Other treatment 110ZIB. Application of Subdivision 1 110ZJ. Order of priority of persons who may make treatment decision in relation to patient 1 110ZK. Reliance by health professional on treatment decision 1 110ZL. Validity of certain treatment decisions 1 Subdivision 3 — Performance of abortion 110ZLA. Treatment decisions in relation to performance of abortion 1 110ZLB. Performance of abortion without advance health directive or State Administrative Tribunal consent an offence 1 110ZLC. Effect of State Administrative Tribunal consent 1 110ZLD. Reliance by health professional on treatment decisions in respect of performance of abortion 1 Division 3 — Jurisdiction of State Administrative Tribunal Subdivision 1 — Declarations for purposes of s. 110ZJ 110ZM. Who may apply 1 110ZN. Declaration as to who may make treatment decision 1 Subdivision 2 — Decisions for purposes of s. 110ZLA 110ZNA. Only Full Tribunal to act under this Subdivision 1 110ZNB. Who may apply for decision under this Subdivision 1 110ZNC. Notice of hearing 1 110ZND. State Administrative Tribunal consent to performance of abortion 1 Part 9E — Medical research Division 1 — Preliminary 110ZO. Terms used 1 110ZP. Term used: research decision‑maker 1 110ZQ. Substitute decision‑maker for a research candidate 1 Division 2 — Decisions about medical research 110ZR. Medical research with consent of research decision‑maker 1 110ZS. Urgent medical research without consent 1 110ZT. Particular medical research not permitted 1 Division 3 — Provisions about research decisions and urgent medical research decisions 110ZU. Assessment by independent medical practitioner of research candidate's best interests 1 110ZV. Assessment by independent medical practitioner of likelihood of research candidate regaining ability to consent 1 110ZW. Assessment by independent medical practitioner of risks 1 Division 4 — Effect of research decisions and urgent medical research decisions 110ZX. Reliance by researcher on research decision or urgent medical research decision 1 110ZY. Validity of certain research decisions or urgent medical research decisions 1 Division 5 — Jurisdiction of State Administrative Tribunal 110ZZ. Applying for review of decision made under this Part 1 110ZZA. Procedure on review 1 110ZZB. Effect of State Administrative Tribunal's decision under this Division 1 Division 6 — Reporting 110ZZC. Researcher to report medical research conducted under this Part to Health Minister 1 110ZZD. Health Minister to report to Parliament on medical research carried out under this Part 1 Division 7 — Reviews 110ZZE. Review of this Part 1 Part 10 — Miscellaneous provisions 111. Declaration as to capacity to vote 1 111A. Applications under Wills Act 1970 s. 40 1 112. Inspection of records 1 113. Confidentiality 1 114. Immunity 1 115. Service of notices 1 117. Remuneration 1 118. Expenses 1 119. Order of priority of enduring guardian and guardian for matters other than treatment decisions 1 119A. No fee for application to State Administrative Tribunal 1 120. Regulations 1 124. Transitional provisions 1 Schedule 1 — Provisions as to proceedings of State Administrative Tribunal 11. Hearings 1 12. Limitations on publication of proceedings 1 13. Entitlement to appear, and representation 1 Schedule 2 — Functions for administration of estates Part A — Administrator Part B — State Administrative Tribunal Schedule 3 — Forms for enduring power of attorney Schedule 5 — Transitional provisions Division 1 — Transitional matters for Guardianship and Administration Act 1990 1A. Application of this Division 1 1. Existing functions of Public Trustee to continue 1 2. Existing managers under Mental Health Act 1962 to continue 1 3. Application for administration order may be made 1 4. References in other laws 1 5. Proceedings in progress under Mental Health Act 1962 Pt. VI 1 6. Final accounts where administration order made 1 Division 2 — Transitional matters in connection with Mental Health Act 2014 7. Estates being managed by Public Trustee under Division 1 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Western Australia Guardianship and Administration Act 1990 An Act to provide for the guardianship of adults who need assistance in their personal affairs, for the administration of the estates of persons who need assistance in their financial affairs, to confer on the State Administrative Tribunal jurisdiction in respect of guardianship and administration matters, to provide for the appointment of a public officer with certain functions relative thereto, to provide for enduring powers of attorney, enduring powers of guardianship and advance health directives, and for connected purposes. [Long title amended: No. 55 of 2004 s. 417; No. 25 of 2008 s. 4.]