Australian Capital Territory
Guardianship and Management of Property Act 1991    
A1991-62
Republication No 32
Effective:  7 November 2013
Republication date: 7 November 2013
Last amendment made by A2013‑39

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Guardianship and Management of Property Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 7 November 2013.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 7 November 2013.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Guardianship and Management of Property Act 1991

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
Part 1A	Important concepts and principles
	4	Principles to be followed by decision-makers	3
	5	When does someone have impaired decision-making ability?	4
	5A	What are a person’s interests?	4
	6	Meaning of carer	5
	6A	Limits on finding impaired decision-making ability	5
Part 2	Guardians and managers
Division 2.1	Appointment and powers
	7	Appointment and powers of guardians	7
	7A	Appointment of guardians under direction	8
	7B	Restriction on powers of guardians	8
	8	Appointment and powers of managers	9
	8AA	Manager for missing person’s property	10
	8AB	Missing people’s property—who may apply for appointment of manager?	11
	8AC	Missing people’s property—powers and term of manager	12
	8A	Restriction on power to appoint manager outside ACT	12
	8B	Effect on guardian or manager of enduring power of attorney in relation to health care	13
	8C	May a guardian or manager be appointed for a child?	13
	9	Who may be appointed	13
	10	Considerations affecting appointment	14
	11	Powers to be least restrictive	15
	12	Recognition of interstate etc guardians and managers	16
	13	Authority of guardian or manager	16
	14	Restrictions on manager about property	16
	15	Fees and expenses	17
Division 2.2	Supervision
	16	Directions by ACAT	17
	17	Restrictions on ACAT’s power to give directions	17
	18	Advice by ACAT	18
	19	Regular review of guardians and managers	18
Division 2.3	Matters relating to management
	20	Access to records	19
	21	Payments for maintenance etc	19
	22	Receipt of amounts	20
	23	Execution of instruments	20
	24	Investments	20
	25	Real estate	21
	26	Accounts	21
	27	Examination of accounts	22
	27A	Missing people’s property—liability of manager and third party dealings	23
Division 2.4	Cessation of guardianship or management
	28	Resignation	23
	29	Death of represented person	23
	30	Manager may act until notified of discharge etc	24
	30A	Missing people’s property—ending of order	24
	31	Removal by ACAT	24
	32	Surviving or substitute guardians etc	25
Part 2A	Consent to medical treatment without formal representation
	32A	Definitions—pt 2A	27
	32B	Who is a health attorney for a protected person?	28
	32C	Who is a carer for a protected person?	29
	32D	Health attorney may give consent	29
	32E	Decision-making principles apply	30
	32F	Decision about health attorney	30
	32G	Health professional must give information to health attorney	31
	32H	Referring matters to public advocate—refusal of consent	32
	32I	Referring matters to public advocate—disagreement between health attorneys	32
	32J	Notice to public advocate—long term treatment	33
	32K	Protection of health attorney from liability	33
	32L	Protection of health professional from liability	34
	32M	Preservation of liability	34
	32N	Urgent medical treatment	34
Part 3	Powers of attorney and ACAT
	61	Definitions—pt 3	35
	62	ACAT directions etc for enduring powers of attorney	35
	63	Reference of power of attorney matters to Supreme Court	36
	64	Giving accounts to public advocate—enduring powers of attorney	36
	65	Declaration about decision-making capacity	37
	66	Removing attorneys	37
Part 5	Miscellaneous
	67	Temporary appointments	38
	68	Emergency removal of disabled persons	38
	68A	Emergency orders—enduring powers of attorney	40
	68B	ACAT’s power to revoke health direction	40
	69	Capacity to consent to medical etc procedures	41
	70	ACAT may consent to prescribed medical procedures	42
	71	Power to adjust transactions	43
	72	Injunctions to restrain dealings	44
	72A	Notice of hearing	44
	72B	Authority for medical or other examinations	45
	72C	Power to obtain information and documents	46
	73	Acts and omissions of representatives	47
	74	Criminal liability of executive officers	48
	75	Determination of fees	48
	75A	Approved forms	49
	77	Regulation-making power	49
Dictionary		50
Endnotes
	1	About the endnotes	53
	2	Abbreviation key	53
	3	Legislation history	54
	4	Amendment history	61
	5	Earlier republications	74

Australian Capital Territory
Guardianship and Management of Property Act 1991

An Act to provide for guardianship, and management of the property, of certain people, and for related purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Guardianship and Management of Property Act 1991.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘trustee company—see the Trustee Companies Act 1947, dictionary.’ means that the term ‘trustee company’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 1A	Important concepts and principles
4	Principles to be followed by decision-makers
	(1)	This section applies to the exercise by a person (the decision-maker) of a function under this Act in relation to a person with impaired decision-making ability (the protected person).
	(2)	The decision-making principles to be followed by the decision‑maker are the following:
	(a)	the protected person’s wishes, as far as they can be worked out, must be given effect to, unless making the decision in accordance with the wishes is likely to significantly adversely affect the protected person’s interests;
	(b)	if giving effect to the protected person’s wishes is likely to significantly adversely affect the person’s interests—the decision-maker must give effect to the protected person’s wishes as far as possible without significantly adversely affecting the protected person’s interests;
	(c)	if the protected person’s wishes cannot be given effect to at all—the interests of the protected person must be promoted;
	(d)	the protected person’s life (including the person’s lifestyle) must be interfered with to the smallest extent necessary;
	(e)	the protected person must be encouraged to look after himself or herself as far as possible;
	(f)	the protected person must be encouraged to live in the general community, and take part in community activities, as far as possible.
	(3)	Before making a decision, the decision-maker must consult with each carer of the protected person.
	(4)	However, the decision-maker must not consult with a carer if the consultation would, in the decision-maker’s opinion, adversely affect the protected person’s interests.
	(5)	Subsection (3) does not limit the consultation that the decision‑maker may carry out.
5	When does someone have impaired decision-making ability?
For this Act, a person has impaired decision-making ability if the person’s decision-making ability is impaired because of a physical, mental, psychological or intellectual condition or state, whether or not the condition or state is a diagnosable illness.
5A	What are a person’s interests?
A person’s interests include the following:
	(a)	protection of the person from physical or mental harm;
	(b)	prevention of the physical or mental deterioration of the person;
	(c)	the ability of the person to—
	(i)	look after himself or herself; and
	(ii)	live in the general community; and
	(iii)	take part in community activities; and
	(iv)	maintain the person’s preferred lifestyle (other than any part of the person’s preferred lifestyle that is harmful to the person);
	(d)	promotion of the person’s financial security;
	(e)	prevention of the wasting of the person’s financial resources or the person becoming destitute.
6	Meaning of carer
In this Act:
carer—a person is a carer of someone else (the dependant) if—
	(a)	the dependant is dependent on the person for ongoing care and assistance; and
	(b)	the person cares for the dependant otherwise than because of—
	(i)	a commercial arrangement; or
	(ii)	an arrangement that is substantially commercial.
Example of a carer
Ms S suffers from a severe brain injury because of a car accident and requires constant care.  Her spouse, 2 children aged 18 and 11 and a family friend share her care and would each be a ‘carer’.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
6A	Limits on finding impaired decision-making ability 
A person must not be taken to have a physical, mental, psychological or intellectual condition relevant to section 7 (Appointment and powers of guardians), section 8 (Appointment and powers of managers) or section 32A (Definitions—pt 2A), definition of protected person only because the person—
	(a)	is eccentric; or
	(b)	does or does not express a particular political or religious opinion; or
	(c)	is of a particular sexual orientation or expresses a particular sexual preference; or
	(d)	engages or has engaged in illegal or immoral conduct; or
	(e)	takes or has taken drugs, including alcohol (but any effects of a drug may be taken into account).

Part 2	Guardians and managers
Division 2.1	Appointment and powers
7	Appointment and powers of guardians
	(1)	This section applies if the ACAT is satisfied that—
	(a)	someone has impaired decision-making ability in relation to a matter relating to the person’s health or welfare; and
	(b)	while the person has the impaired decision-making ability—
	(i)	there is, or is likely to be, a need for a decision in relation to the matter; or
	(ii)	the person is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the person’s health, welfare or property; and
	(c)	if a guardian is not appointed—
	(i)	the person’s needs will not be met; or
	(ii)	the person’s interests will be significantly adversely affected.
Note 1	See s 8C in relation to appointment of a guardian for a child.
Note 2	A person’s needs may be met, or the person’s interests protected, under an enduring power of attorney (see Powers of Attorney Act 2006).
	(2)	The ACAT may, by order, appoint a guardian for the person, with the powers that the ACAT is satisfied are necessary or desirable to make decisions for the person in accordance with the 
decision-making principles.
Note	The powers that may be given to a guardian are restricted under s 7B.
	(3)	The powers that may be given to a person’s guardian include the following powers:
	(a)	to decide where, and with whom, the person is to live;
	(b)	to decide what education or training the person is to receive;
	(c)	to decide whether the person is to be allowed to work;
	(d)	if the person is to be allowed to work—to decide the nature of the work, the place of employment and the employer;
	(e)	to give, for the person, a consent required for a medical procedure or other treatment (other than a prescribed medical procedure);
	(f)	to bring or continue legal proceedings for or in the name of the person.
7A	Appointment of guardians under direction
If the Supreme Court gives a direction under the Crimes Act 1900, section 316 (Special hearing), the ACAT must appoint a guardian as directed.
7B	Restriction on powers of guardians
The powers that may be given to a person’s guardian do not include the power to discipline the person or the power to do any of the following things for the person:
	(a)	vote in an election;
	(b)	make a will or other testamentary instrument;
	(c)	consent to the adoption of a child;
	(d)	give a consent to a marriage;
	(e)	give a consent required for a prescribed medical procedure for the person.
8	Appointment and powers of managers
	(1)	This section applies if the ACAT is satisfied that—
	(a)	someone has impaired decision-making ability in relation to the person’s financial matters or a matter affecting the person’s property; and
	(b)	while the person has the impaired decision-making ability—
	(i)	there is, or is likely to be, a need for a decision in relation to the matter; or
	(ii)	the person is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the person’s health, welfare or property; and
	(c)	if a manager is not appointed—
	(i)	the person’s needs will not be met; or
	(ii)	the person’s interests will be significantly adversely affected.
	(2)	The ACAT may, by order, appoint a manager to manage all, or a stated part of, the person’s property, with the powers that the ACAT is satisfied are necessary or desirable to allow the manager to make decisions in relation to the property, in accordance with the decision-making principles.
Note	The ACAT’s power to appoint a manager is restricted under s 8A.
	(3)	The powers that may be given to a person’s manager are the powers that the person would have if the person were legally competent to exercise powers in relation to the person’s property.
8AA	Manager for missing person’s property
	(1)	This section applies if the ACAT is satisfied, on application, that—
	(a)	someone is a missing person; and
	(b)	the person usually lives in the ACT; and
	(c)	while the person is missing, there is, or is likely to be, a need for a decision in relation to the person’s financial matters or property; and 
	(d)	the person’s interests will be significantly adversely affected if a manager is not appointed.
	(2)	However, the ACAT must not consider an application under subsection (1) in relation to a person if—
	(a)	the public trustee has made an application to the Supreme Court to be appointed the manager of the person’s property under the Public Trustee Act 1985, section 34 (Application for appointment as manager of property) and the application has not been finally dealt with; or
	(b)	the Supreme Court has appointed the public trustee manager of the person’s property under that Act, section 34 (2).
	(3)	The ACAT may be satisfied that a person is a missing person only if satisfied that—
	(a)	it is not known whether the person is alive; and
	(b)	reasonable efforts have been made to find the person; and
	(c)	for at least 90 days, the person has not contacted—
	(i)	anyone who lives at the person’s last-known home address; or
	(ii)	any relative or friend of the person with whom the person is likely to communicate.
Examples of contact
1	telephone call
2	 physical sighting of the person
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	The ACAT may, by order, appoint a manager to manage all, or a stated part, of the missing person’s property, with the powers that the ACAT is satisfied are necessary or desirable to allow the manager to make decisions in relation to the property in accordance with the decision-making principles as if the missing person were a protected person.
Note	The ACAT’s power to appoint a manager is restricted under s 8A.
	(5)	An application under subsection (1), or an appointment under subsection (4), does not prevent the public trustee making an application under the Public Trustee Act 1985, section 34 in relation to the property to which the application or appointment relates.
	(6)	The Legislation Act, part 19.3 (Appointments) does not apply to an appointment under subsection (4).
8AB	Missing people’s property—who may apply for appointment of manager?
An application for the appointment of a manager for a person under section 8AA may be made by any of the following:
	(a)	a domestic partner of the person;
	(b)	a relative of the person;
	(c)	a carer of the person;
	(d)	the Attorney-General;
	(e)	the public trustee;
	(f)	the public advocate;
	(g)	anyone else who has an interest in the property of the person.
8AC	Missing people’s property—powers and term of manager
	(1)	The powers that may be given to the manager under section 8AA (4) (Manager for missing person’s property) are the powers the missing person would have if the person were able to exercise them.
	(2)	However, an order under section 8AA (4) must state the kind of decisions the manager may make and the property in relation to which the power may be exercised.
	(3)	An order under section 8AA (4) must also state the term of the appointment.
	(4)	An appointment under section 8AA (4) must be for not longer than 2 years, but the ACAT may, on application by the manager or a person mentioned in section 8AB, extend the term for up to 2 more years.
8A	Restriction on power to appoint manager outside ACT
	(1)	The ACAT may appoint a manager for property in the ACT of someone (the protected person) who lives outside the ACT only if—
	(a)	the ACAT is satisfied that it is impracticable for a manager for the property to be appointed in the jurisdiction (the other jurisdiction) where the protected person lives; or
	(b)	an order appointing a manager for the property under the law of the other jurisdiction cannot be registered under section 12 (Recognition of interstate etc guardians and managers).
	(2)	For this section:
jurisdiction means a State, another Territory or a foreign country.
8B	Effect on guardian or manager of enduring power of attorney in relation to health care
	(1)	This section applies if—
	(a)	a person (the principal) has made an enduring power of attorney giving power in relation to health care matters; and
	(b)	the principal has become a person with impaired decision‑making capacity; and
	(c)	the ACAT appoints a guardian for the principal after the making of the power of attorney; and
	(d)	the ACAT revokes the enduring power of attorney, or part of it.
Note	The ACAT may revoke the enduring power of attorney, or part of it, under s 62 (2) (c).
	(2)	If the guardian has power to consent to medical treatment for the person, the guardian must consider the terms of the enduring power of attorney before the enduring power of attorney, or part of it, was revoked.
8C	May a guardian or manager be appointed for a child?
	(1)	The ACAT may appoint a guardian or manager for a person who is a child.
	(2)	However, the order appointing the guardian or manager does not take effect until the person becomes an adult.
9	Who may be appointed
	(1)	The public advocate or an individual may be appointed as a guardian.
	(2)	The public advocate, the public trustee, a trustee company or an individual may be appointed as a manager.
	(3)	A person may be appointed both guardian and manager, and people may be appointed jointly as guardians or managers, or both.
	(4)	The public advocate must not be appointed as a person’s guardian if an individual who is otherwise suitable has consented to be appointed.
	(5)	The public advocate, the public trustee or a trustee company must not be appointed as a manager of a person’s property if an individual who is otherwise suitable has consented to be appointed.
10	Considerations affecting appointment
	(1)	A person must not be appointed as a guardian or manager unless the person consents in writing to the appointment.
	(2)	A person (except the public advocate, the public trustee or a trustee company) must not be appointed as a guardian or manager unless the person is an adult and has informed the ACAT on oath whether the person—
	(a)	has been convicted or found guilty of an offence involving violence, fraud or dishonesty; or
	(b)	has been, either in the ACT or elsewhere, refused appointment as a guardian or manager, or removed from office as a guardian or manager; or
	(c)	is bankrupt or personally insolvent (and, if so, has given particulars to the ACAT).
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
	(3)	Someone (other than the public advocate or public trustee) may be appointed as a guardian or manager only if the ACAT is satisfied that the person will follow the decision-making principles and is otherwise suitable for appointment.
	(4)	For subsection (3), the matters the ACAT must take into account include—
	(a)	the views and wishes of the person (the protected person) for whom a guardian or manager is to be appointed; and
	(b)	the desirability of preserving existing relationships with family and any other carers; and
	(c)	whether the proposed guardian or manager is compatible with the protected person; and
	(d)	whether the proposed guardian or manager lives in the ACT; and
	(e)	whether the proposed guardian or manager will be available and accessible to the protected person; and
	(f)	the nature of the functions to be exercised under the order and whether the proposed guardian or manager is competent to exercise them; and
	(g)	whether the interests and duties of the proposed guardian or manager are likely to conflict with the protected person’s interests to the detriment of the protected person’s interests.
	(5)	The interests and duties of the domestic partner or a relative of a person must not be taken to be likely to conflict with the interests of the person only because of the fact of being the domestic partner or relative.
11	Powers to be least restrictive
The powers given to a person’s guardian or on a manager of a person’s property are to be no more restrictive of the person’s freedom of decision and action than is necessary to achieve the purpose of the order.
Note	Also, the guardian or manager should exercise the powers in accordance with the decision-making principles (see s 4).
12	Recognition of interstate etc guardians and managers
	(1)	The ACAT must, on application, register the appointment of a person who is, under a corresponding law—
	(a)	a guardian for another person who lives outside the ACT; or
	(b)	a manager of property of another person who lives outside the ACT.
	(2)	On registration, the person is taken to be a guardian, or manager of the property, of the other person, as the case requires, as if the appointment had been made by the ACAT.
	(3)	The ACAT must not register an appointment unless the instrument of appointment, or a copy of it, has been lodged with the ACAT.
	(4)	In this section:
corresponding law means a law of a State or of another Territory, or a law of a prescribed country, that corresponds, or substantially corresponds, to this Act.
13	Authority of guardian or manager
An act or omission of a guardian or manager under this Act has effect as if it were an act or omission of the represented person and that person had the legal capacity for the act or omission.
14	Restrictions on manager about property
	(1)	Unless the ACAT, on application, orders otherwise—
	(a)	a manager of a person’s property must not enter into a transaction in relation to the property if the interests of the manager are in conflict, or may conflict, with the interests of the person; and
	(b)	a manager of a person’s property must keep the manager’s property separate from the person’s property.
	(2)	Subsection (1) (b) does not apply to property owned jointly by the manager and person.
15	Fees and expenses
	(1)	A person who acts as a guardian or manager—
	(a)	is entitled to be paid the fees determined under section 75 (Determination of fees); and
	(b)	is entitled to reimbursement of the reasonable expenses incurred in acting as guardian or manager.
	(2)	Amounts payable under this section are payable out of, and are a charge on, the relevant person’s property or, if the manager concerned is manager of part only of the relevant person’s property, that part.
Division 2.2	Supervision
16	Directions by ACAT
	(1)	The ACAT may, on application, give a direction to a guardian or manager about the exercise of his or her functions or powers.
	(2)	A guardian or manager must not, without reasonable excuse, contravene a direction.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
17	Restrictions on ACAT’s power to give directions
	(1)	This section applies to an order that affects a person—
	(a)	who has a guardian; or
	(b)	for whom a manager is appointed. 
	(2)	The ACAT must not give a direction that is inconsistent with the order.
18	Advice by ACAT
	(1)	The ACAT may, on application by a guardian or manager, give an opinion or advice about the exercise of functions or powers by the guardian or manager.
	(2)	A guardian or manager who acts in accordance with such an opinion or advice is taken to have acted properly and in accordance with this Act unless, in obtaining the opinion or advice, the guardian or manager acted fraudulently or wilfully misrepresented or concealed a material fact.
19	Regular review of guardians and managers
	(1)	The ACAT may at any time, on application or on its own initiative, hold a hearing to consider—
	(a)	whether an order appointing a guardian or manager should be—
	(i)	varied; or
	(ii)	revoked on the ground that the need for guardianship or management no longer exists; or
	(b)	whether a guardian or manager should be removed under section 31.
	(2)	The ACAT must consider an order appointing a guardian or manager at least once every 3 years.
	(3)	The ACAT must consider the suitability of a person as a replacement guardian or manager as soon as practicable after the person becomes a replacement guardian or manager.
	(4)	For this section:
	(a)	order includes an order registered under section 12 (Recognition of interstate etc guardians and managers); and
	(b)	an order registered under section 12 is taken to have been made when the order is registered.
	(5)	In this section:
replacement guardian or manager means a person who becomes a guardian or manager when—
	(a)	a previous guardian or manager dies; and
	(b)	the previous guardian or manager’s appointment provides for the person to become the guardian or manager.  
Division 2.3	Matters relating to management
20	Access to records
Unless the ACAT otherwise orders, a manager of a person’s property is entitled to inspect a will or other testamentary instrument made by the person and to inspect any other document relating to the property.
21	Payments for maintenance etc
	(1)	The manager of a person’s property may, out of the property, pay reasonable amounts for the maintenance, advancement or education, or otherwise for the benefit, of the person and of the person’s dependants (if any).
	(2)	The payments may be made to or on behalf of the person and, if the person has a guardian, to the guardian.
	(3)	The payments may be made out of income or capital.
	(4)	In deciding whether to make a payment, the matters that the manager must take into account include—
	(a)	the person’s views and wishes; and
	(b)	the amount and nature of the property; and
	(c)	the amount and nature of any other of the person’s property; and
	(d)	the present and likely future needs of the person and any dependants.
22	Receipt of amounts
	(1)	Unless the ACAT otherwise orders, the manager of a person’s property becomes the manager of the following amounts received by the manager:
	(a)	interest or income in relation to the property;
	(b)	the proceeds of the realisation of the property.
	(2)	Unless the ACAT otherwise orders, if there is an accretion to property in relation to which a manager has been appointed, the manager becomes manager of the extra property.
23	Execution of instruments
An instrument executed by a manager of a person’s property acting as manager has the same effect as if it had been executed by the person.
24	Investments
	(1)	A manager must not invest amounts held in the capacity as manager except—
	(a)	in investments in which trust money may, in accordance with the Trustee Act 1925, be invested; or
	(b)	as the ACAT, by order, allows.
	(2)	Subsection (1) has effect despite the Public Trustee Act 1985.
25	Real estate
If the property for which a manager is appointed includes land held under the Land Titles Act 1925, the manager must—
	(a)	within 14 days after being appointed, lodge a copy of the order of appointment; or
	(b)	within 14 days after being registered as manager under section 12, lodge a copy of the relevant order of appointment together with evidence of the registration;
with the registrar-general.
26	Accounts
	(1)	A manager other than the public trustee must, in accordance with the regulations, file with the public trustee the accounts and other documents relating to the management of the relevant property that are prescribed.
	(2)	A person must not, without reasonable excuse, contravene subsection (1).
Maximum penalty:  20 penalty units.
	(3)	The ACAT may, on application, by order—
	(a)	give a manager directions in relation to the filing of the prescribed accounts and documents; and
	(b)	direct a manager to have the accounts and documents audited by a specified auditor.
	(4)	A manager must not, without reasonable excuse, contravene a direction.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
27	Examination of accounts
	(1)	The public trustee must examine the accounts and documents mentioned in section 26 (1) and may apply to the ACAT for the disallowance of any item in the accounts.
	(2)	The ACAT must not make an order disallowing an item if the ACAT is satisfied that the manager acted in good faith and with reasonable care in the exercise of powers given to the manager.
	(3)	If an item is disallowed by the ACAT, the manager concerned—
	(a)	is not entitled to payment under section 15 of the amount of the item disallowed; and
	(b)	must pay to the Territory the amount of the costs reasonably incurred by the public trustee in making the application to the ACAT.
	(4)	If the public trustee examines the accounts and other documents in relation to the management of property by the manager, the manager must pay to the Territory the fee determined under section 75 (Determination of fees) for the examination.
	(5)	An amount payable to the Territory under subsection (3) (b) or (4) is payable on the 28th day after written notice specifying the amount of the debt is given to the debtor by the public trustee.
	(6)	The public trustee may waive payment of all or part of an amount payable to the Territory under subsection (3) (b) or (4) if the public trustee is satisfied that payment of the amount would impose hardship on a person or that other circumstances justify waiving payment of the amount.
27A	Missing people’s property—liability of manager and third party dealings
	(1)	A manager does not incur any liability, either to a missing person or anyone else, because of conduct done honestly during the manager’s appointment under section 8AA (4) (Manager for missing person’s property) in relation to a missing person’s property if the conduct was for the exercise of a function under the appointment or of a function that the manager believed, on reasonable grounds, was a function under the appointment.
	(2)	A person (the third party) who deals with a manager in relation to property that is under the manager’s control because of the manager’s appointment under section 8AA (4), does not incur any liability because of the dealing if it was done in the honest belief that the dealing was for the exercise of a function under the appointment.
	(3)	In this section:
conduct—see the Criminal Code, section 13.
Division 2.4	Cessation of guardianship or management
28	Resignation
A guardian or manager may resign by writing given to the ACAT.
29	Death of represented person
Subject to section 30, a person’s guardian, or a manager of a person’s property, ceases to be guardian or manager when the person dies.
30	Manager may act until notified of discharge etc
An order appointing a guardian or manager continues in force, so far as an act or thing done under it in good faith is concerned, until the guardian or manager receives notice of the death of the represented person, notice of the revocation of the order or notice of his or her removal from office under section 31.
30A	Missing people’s property—ending of order
An order appointing a manager to manage a missing person’s property under section 8AA (Manager for missing person’s property) ends if the Supreme Court appoints the public trustee manager of the property under the Public Trustee Act 1985, section 34.
31	Removal by ACAT
	(1)	The ACAT may, by order, remove a person appointed as a guardian or manager if it is satisfied that—
	(a)	the person is no longer suitable to be a guardian or manager; or
	(b)	the person is no longer competent to exercise the functions or powers of a guardian or manager; or
	(c)	the person has failed to exercise the functions or powers of a guardian or manager; or
	(d)	the person has contravened a provision of this Act.
	(2)	The ACAT may, by order, remove a manager of a missing person’s property if satisfied, on application by the person or anyone else, that—
	(a)	the person is alive; or
	(b)	the person is dead; or
	(c)	the person may be presumed to be dead.
32	Surviving or substitute guardians etc
	(1)	If a person ceases to be a joint guardian (whether by death or otherwise)—
	(a)	the surviving guardian becomes the sole guardian; or
	(b)	if there are 2 or more surviving guardians—the survivors become joint guardians.
	(2)	If a person ceases to be a joint manager of property (whether by death or otherwise)—
	(a)	the surviving manager becomes the sole manager of the property; or
	(b)	if there are 2 or more surviving managers—the survivors become joint managers of the property.
	(3)	If the public advocate becomes aware that there is no longer a guardian for a person, but not because of—
	(a)	the revocation by the ACAT of the order appointing the person as guardian; or
	(b)	the removal by the ACAT of the person as guardian;
the public advocate must give the ACAT written notice of the fact.
	(4)	If the notice indicates that the public advocate or a person specified by the public advocate will act as guardian, the notice is taken to be an application for the appointment of the advocate or person as the guardian.
	(5)	If the public advocate becomes aware that there is no longer a manager of a person’s property, but not because of—
	(a)	the revocation by the ACAT of the order appointing the person as manager; or
	(b)	the removal by the ACAT of the person as manager;
the public advocate must give the ACAT written notice of the fact.
	(6)	If the notice indicates that the public advocate or a person specified by the public advocate has consented to act as manager, the notice is taken to be an application for the appointment of the advocate or person as the manager.

Part 2A	Consent to medical treatment without formal representation
    
32A	Definitions—pt 2A
In this part:
carer, for a protected person—see section 32C.
close relative or close friend, of a person, means a relative or someone else in a close personal relationship with the person who has frequent contact with the person and a personal interest in the person’s welfare but does not receive remuneration or reward for the contact.
domestic partner, of a person, means a domestic partner who is in a close and continuing relationship with the person.
Note	For the meaning of domestic partner, see the Legislation Act, s 169.  Domestic partner includes a spouse, civil union partner or civil partner.
health attorney, for a protected person—see section 32B (1). 
health professional means a doctor or a dentist.
medical treatment—
	(a)	includes—
	(i)	a medical procedure or treatment; and
	(ii)	dental treatment; and
	(iii)	a series of procedures or a course of treatments; but
	(b)	does not include a prescribed medical procedure.
priority order, for health attorneys for a protected person—see section 32B (3).
protected person means an adult—
	(a)	who has impaired decision-making ability for the giving of consent to medical treatment; and
	(b)	who has not appointed an attorney with authority to give consent for medical treatment by an enduring power of attorney under—
	(i)	the Powers of Attorney Act 2006; or
	(ii)	a law of a State or of another Territory, or a law of a prescribed country, that corresponds, or substantially corresponds, to the Powers of Attorney Act 2006; and
	(c)	for whom the ACAT has not appointed a guardian with authority to give consent for medical treatment under this Act.
remuneration or reward does not include a carer’s pension.
32B	Who is a health attorney for a protected person?
	(1)	Each of the following people is a health attorney for a protected person:
	(a)	the protected person’s domestic partner;
	(b)	a carer for the protected person;
	(c)	a close relative or close friend of the protected person. 
	(2)	However, a person is not a health attorney if the person—
	(a)	is a child; or
	(b)	has impaired decision-making ability.
	(3)	The order of health attorneys in subsection (1) is the priority order for the health attorneys.
32C	Who is a carer for a protected person?
	(1)	A person is a carer for a protected person if he or she—
	(a)	is a carer of the person for this Act generally; and
	(b)	gives, or arranges for the giving of, care and support to the person in a domestic context but does not receive remuneration or reward for giving, or arranging for the giving of, the care and support.
	(2)	If the protected person lives in a hospital, nursing home, group home, boarding-house, hostel or similar place, a person giving, or arranging for the giving of, care and assistance to the protected person at that place is not, only because of that fact, a carer for the protected person.
32D	Health attorney may give consent
	(1)	This section applies if a health professional believes on reasonable grounds that—
	(a)	a person is a protected person; and 
	(b)	while the person is a protected person, the person needs, or is likely to need, medical treatment.
	(2)	The health professional may ask the health attorney who the health professional believes on reasonable grounds is best able to represent the views of the protected person to give a consent required for the medical treatment needed, or likely to be needed, by the protected person. 
Note 1	If a form is approved under s 75A for a consent, the form must be used.
Note 2	If the health attorney refuses consent to the medical treatment for the protected person a health professional must refer the matter to the public advocate (see s 32H).
	(3)	If, after receiving the information mentioned in section 32G, the health attorney gives consent for the medical treatment, the health professional need not obtain any other consent for the medical treatment.
32E	Decision-making principles apply
	(1)	In making a decision under this part a health professional must follow the decision-making principles.
Note	Decision-making principles—see s 4 (2). 
	(2)	In considering whether to consent to medical treatment a health attorney must follow the decision-making principles. 
32F	Decision about health attorney
	(1)	For section 32D (2), in considering who is best able to represent the views of the protected person, a health professional—
	(a)	must consider the health attorneys for the protected person in the priority order; and
	(b)	may take into account any circumstance that the health professional believes on reasonable grounds is relevant and in particular how readily available is a particular health attorney.
Note	The health professional must also follow the decision-making principles (see s 32E).
	(2)	The health professional need not consider a health attorney if the health professional believes on reasonable grounds that the health attorney is not a suitable person to consent to medical treatment for the protected person. 
	(3)	If subsection (2) applies, a health professional must make a record of the reasons for the belief.  
Examples—s (2)
1	Rosa is a protected person and needs a hip replacement operation to ensure her continued mobility and the ability to live in her garden unit which is attached to her son’s house.  The health professional is made aware that Rosa’s son Lorenzo has rented out the garden unit to a friend.  As the health professional is aware of a conflict of interests Lorenzo may reasonably be seen as not suitable to consent to the medical treatment.  
2	Craig is seriously injured in a motorcycle accident and receives emergency medical treatment that saves his life.  A week after the accident he has not regained consciousness. Craig’s mother, Clarissa, has been visiting regularly sometimes accompanied by her partner Joel (who is not Craig’s father). Joel strongly believes that the use of blood products and blood transfusions is unacceptable because of the risk of transfer of blood infections.  Joel has been heard in the hospital demanding that Clarissa refuse any medical treatment that involves the use of blood products.  The health professional is made aware of Joel’s conversations with Clarissa on the issue.  Consent is required to undertake extensive skin grafts involving the use of blood products and possibly a blood transfusion.  Clarissa may not be a suitable person to consent to the medical treatment given what may be undue influence exerted by Joel on this issue.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
32G	Health professional must give information to health attorney
If a health professional asks a health attorney to consent to medical treatment for a protected person, the health professional must give the health attorney information about the following:
	(a)	the reasons why the person is a protected person; 
	(b)	the condition of the protected person;
	(c)	the medical treatment for which consent is sought;
	(d)	any alternative medical treatment that is available;
	(e)	the nature and likely effect of the medical treatment for which consent is sought and any alternative medical treatment;
	(f)	the nature and degree of any significant risks involved with the medical treatment for which consent is sought and any alternative medical treatment;
	(g)	the likely effect of not providing the medical treatment for which consent is sought;
	(h)	the decision-making principles;
	(i)	any other matter that the health professional believes on reasonable grounds is relevant to the provision of consent for the medical treatment.
Note	If a form is approved under s 75A for this provision, the form must be used.
32H	Referring matters to public advocate—refusal of consent
	(1)	This section applies if a health professional has requested a health attorney for a protected person to give consent to medical treatment for the protected person and the health attorney refuses to give the consent.
	(2)	The health professional must refer the matter to the public advocate.
	(3)	On referral of a matter, the public advocate must—
	(a)	if the public advocate considers the refusal reasonable—take no further action; or
	(b)	apply to the ACAT to be appointed as guardian for the protected person.
32I	Referring matters to public advocate—disagreement between health attorneys
	(1)	This section applies if, before obtaining the consent to medical treatment for a protected person from the health attorney that the health professional believes is best able to represent the views of the protected person, the health professional becomes aware that 1 or more of the other health attorneys for the protected person objects to the giving of consent. 
	(2)	The health professional must refer the matter to the public advocate.
	(3)	On referral of a matter, the public advocate may do either or both of the following:
	(a)	try to help the available health attorneys reach agreement about consent; 
	(b)	apply to the ACAT to be appointed as guardian for the protected person.
	(4)	To remove any doubt, a health professional is not required to seek the views of other health attorneys for a protected person before obtaining the consent of the health attorney that the health professional believes on reasonable grounds is best able to represent the views of the protected person.
32J	Notice to public advocate—long term treatment
	(1)	This section applies if—
	(a)	consent has been given under this part for medical treatment for a protected person; and
	(b)	the protected person continues to be given medical treatment in accordance with the consent 6 months after the consent was given.
	(2)	The health professional who is giving the medical treatment must tell the public advocate that medical treatment is continuing to be given to the protected person in accordance with the consent.
32K	Protection of health attorney from liability
No action or proceeding, civil or criminal, lies against a health attorney for a protected person in relation to consent given, or not given, in good faith as a health attorney for the protected person.
32L	Protection of health professional from liability
No action or proceeding, civil or criminal, lies against a health professional in relation to reliance by the health professional, in good faith, on consent given by—
	(a)	a health attorney for a protected person; or
	(b)	a person the health professional believes on reasonable grounds  is a health attorney for a protected person.
32M	Preservation of liability
Nothing in this part relieves a health professional from liability in relation to the provision of medical treatment if the health professional would have been subject to the liability—
	(a)	had the protected person not had impaired decision-making ability; and
	(b)	had the treatment been carried out with the protected person’s consent. 
32N	Urgent medical treatment
This part does not affect any common law right of a health professional to provide urgent medical treatment without consent.

Part 3	Powers of attorney and ACAT
    
61	Definitions—pt 3
In this part:
decision-making capacity—see the Powers of Attorney Act 2006, dictionary.
interested person—see the Powers of Attorney Act 2006, dictionary.
power of attorney—see the Powers of Attorney Act 2006, dictionary.
principal—see the Powers of Attorney Act 2006, dictionary.
62	ACAT directions etc for enduring powers of attorney
	(1)	This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity.
	(2)	On application, or on its own initiative on hearing a matter under this Act, the ACAT may, by order—
	(a)	give a direction, not inconsistent with the Powers of Attorney Act 2006 or the power of attorney, that the attorney do or not do a stated act; or
	(b)	direct the attorney to produce stated books, accounts or other records of transactions carried out by the attorney for the principal; or
	(c)	revoke the enduring power of attorney, or part of it; or
	(d)	make a declaration about the interpretation or effect of the enduring power of attorney.
	(3)	An application under subsection (2) may be made by an interested person or, with leave of the ACAT, someone else.
	(4)	If the ACAT revokes an enduring power of attorney, the ACAT may appoint a guardian or manager for the person who was the principal for the power.
63	Reference of power of attorney matters to Supreme Court
	(1)	This section applies in relation to an application to the ACAT under section 62.
	(2)	The ACAT may refer the matter, or part of the matter, to the Supreme Court.
	(3)	In deciding whether to refer a matter to the Supreme Court, the ACAT—
	(a)	must take into consideration the following matters:
	(i)	whether the matter relates to the effect of the enduring power of attorney on people other than the attorney or principal;
	(ii)	whether the matter is likely to raise for consideration complex or novel legal issues that the Supreme Court is better suited to decide; and
	(b)	may take into consideration anything else the ACAT considers relevant.
64	Giving accounts to public advocate—enduring powers of attorney
	(1)	This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity.
	(2)	The public advocate may, by written notice given to a person who is or has been an attorney under the enduring power of attorney, require the person to give the public advocate stated books, accounts or other records of transactions carried out by the person for the principal under the power of attorney.
Note	The public trustee may be an attorney and, if the public trustee is an attorney, the public advocate may give the public trustee a notice under this section.
65	Declaration about decision-making capacity
	(1)	The ACAT may, on application, declare that a person who is the principal for an enduring power of attorney has decision‑making capacity or impaired decision-making capacity.
	(2)	The declaration may be general or relate only to a property matter, personal care matter or health care matter.
66	Removing attorneys
	(1)	This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity.
	(2)	The ACAT may, by order, remove an attorney under the enduring power of attorney if satisfied that it is in the interests of the principal to remove the attorney.

Part 5	Miscellaneous
    
67	Temporary appointments
	(1)	The ACAT may make an emergency order without holding a hearing if satisfied that there are special circumstances of urgency that make it proper to do so.
	(2)	The emergency order has effect for the period, not longer than 10 days, stated in the order.
	(3)	In this section:
emergency order means an order appointing— 
	(a)	the public advocate to be the guardian for a person under section 7; or
	(b)	the public advocate or public trustee to be a manager of a person’s property under section 8 or section 8AA.
68	Emergency removal of disabled persons
	(1)	If—
	(a)	the general president of the ACAT or a judicial officer is satisfied that—
	(i)	a guardian has been appointed for a person; or
	(ii)	grounds exist for the appointment of a guardian for a person; and
	(b)	the person is—
	(i)	because of a physical, mental, psychological or intellectual condition, likely to suffer serious damage to his or her physical, mental or emotional health if not removed from a particular place; or
	(ii)	being unlawfully detained in a particular place;
the general president of the ACAT or judicial officer may, on application by the public advocate, issue a warrant authorising the public advocate, with the police officers that may be required, and using the force that is necessary and reasonable, to enter that place and remove that person.
	(2)	A warrant must specify—
	(a)	the purpose for which it is issued; and
	(b)	the person whose removal it authorises; and
	(c)	the place from which that removal is authorised; and
	(d)	particular hours during which the removal is authorised or that removal is authorised at any time of the day or night; and
	(e)	the date (not later than 14 days after the issue of the warrant) when it ceases to have effect.
	(3)	Subject to subsection (5), the application must be in writing accompanied by a statement setting out the information in support of the application.
	(4)	All information, whether oral or in writing, given in support of the application must be given on oath.
	(5)	If it is impracticable to apply in accordance with subsection (3), an application may be made by telephone or other appropriate means.
	(6)	If subsection (5) applies—
	(a)	the general president of the ACAT or the judicial officer must prepare and sign the warrant and tell the public advocate its terms; and
	(b)	the public advocate must prepare an instrument in the same terms as the warrant and write on it—
	(i)	the time and date when the warrant was signed; and
	(ii)	the name of the person who signed the warrant; and
	(c)	the public advocate must give the person who signed the warrant, not later than 24 hours after it was signed, the statement mentioned in subsection (3) and the instrument mentioned in paragraph (b); and
	(d)	while the warrant remains in force, the instrument may be used instead of the warrant; and
	(e)	a court must not find that the premises were entered in accordance with the warrant unless the warrant signed by the general president of the ACAT or judicial officer is admitted in evidence.
	(7)	As soon as practicable after the person is removed, the ACAT must hold a hearing and, if there is no guardian available, the public advocate must apply to be appointed as the person’s guardian.
68A	Emergency orders—enduring powers of attorney
	(1)	This section applies if the ACAT is satisfied that there are special circumstances of urgency that make it proper to make an order under this section.
	(2)	The ACAT may make an order under section 62 (ACAT directions etc for enduring powers of attorney) in relation to an enduring power of attorney without holding a hearing.
68B	ACAT’s power to revoke health direction
	(1)	This section applies if—
	(a)	a person has made a health direction under the Medical Treatment (Health Directions) Act 2006; and
	(b)	the person becomes a person with impaired decision-making capacity; and
	(c)	the ACAT appoints a guardian for the principal after the making of the health direction.
	(2)	The ACAT may revoke the health direction, or part of it, if the ACAT considers appropriate.
69	Capacity to consent to medical etc procedures
	(1)	If—
	(a)	the guardian for a person has the power to give for the person a consent required for a medical procedure or other treatment; or
	(b)	a declaration that a person is not competent to give a consent required for a prescribed medical procedure is in force under subsection (2);
the person is not competent to give such a consent for the procedure or treatment.
	(2)	If a guardian is appointed for a person, the ACAT may, by order, declare that the person is not competent to give a consent required for a prescribed medical procedure.
	(3)	If a person, who is not competent to do so, purports to consent to the performance of a medical procedure or the provision of other treatment for the person by a doctor, no action or proceeding, civil or criminal, lies against the doctor only because of the performance of the procedure or the provision of the treatment without the person’s consent if—
	(a)	the doctor did not know, or could not reasonably be expected to know, that the person was not competent to give the consent required; and
	(b)	the doctor otherwise acted in good faith in performing the procedure or providing the treatment.
70	ACAT may consent to prescribed medical procedures
	(1)	If the ACAT has made an order under section 69 (2) in relation to a person, it may, on application, by order, consent to a prescribed medical procedure (other than treatment for mental illness, electroconvulsive therapy or psychiatric surgery) for the person if it is satisfied that—
	(a)	the procedure is otherwise lawful; and
	(b)	the person is not competent to give consent and is not likely to become competent in the foreseeable future; and
	(c)	the procedure would be in the person’s best interests; and
	(d)	the person, the guardian and any other person whom the ACAT considers should have notice of the proposed procedure are aware of the application for consent.
Note	Treatment for mental illness, including electroconvulsive therapy and psychiatric surgery, is dealt with in the Mental Health (Treatment and Care) Act 1994.
	(2)	The ACAT must appoint the person’s guardian, or the public advocate or some other independent person, to represent the person in relation to the hearing relating to the consent.
	(3)	In deciding whether a particular procedure would be in the person’s best interests, the matters that the ACAT must take into account include—
	(a)	the wishes of the person, so far as they can be ascertained; and
	(b)	what would happen if it were not carried out; and
	(c)	what alternative treatments are available; and
	(d)	whether it can be postponed because better treatments may become available; and
	(e)	for a transplantation of tissue—the relationship between the 2 people.
	(4)	The ACAT must not consent to the removal of non-regenerative tissue for transplantation to the body of another living person unless, in addition to the matters specified in subsection (1) (a) to (d), it is satisfied that—
	(a)	the risk to the person from whom the tissue is to be taken is small; and
	(b)	the risk of failure of the transplant is low; and
	(c)	the life of the person to whose body the tissue is to be transplanted would be in danger if the transplant were not made; and
	(d)	it is highly likely that transplanting such tissue from someone else would be unsuccessful.
	(5)	In an order by which the ACAT consents to the removal of non-regenerative tissue for transplantation to the body of another living person, the ACAT must specify the time and date the order is made.
71	Power to adjust transactions
	(1)	If a person for whose property a manager is appointed purports to enter into a transaction in relation to the property, the transaction is, subject to subsection (2), not void on the ground that the person was not legally competent to enter into the transaction.
	(2)	The ACAT, the Supreme Court or the Magistrates Court may, on an application made within 90 days after the date of the transaction by the guardian, the manager or some other person concerned in the transaction, by order—
	(a)	confirm the transaction; or
	(b)	declare the transaction void; or
	(c)	adjust the rights of the parties to the transaction;
as is just.
	(3)	The ACAT, the Supreme Court or the Magistrates Court may order an application made to it to be transferred to another of the ACAT, the Supreme Court or the Magistrates Court.
	(4)	A transferred application must be dealt with as if it had been started in the ACAT or the relevant court and the ACAT or court may make any proper order for the further steps to be taken before it.
	(5)	An order under this section has effect according to its tenor.
72	Injunctions to restrain dealings
	(1)	The ACAT may, on application, by order, restrain a person from entering into, completing or registering or otherwise giving effect to a transaction with someone else in relation to the property of the other person if satisfied that there are grounds for the appointment of a manager for the property.
	(2)	An order remains in force for the period, not longer than 3 days, that is specified in the order but if, within the period, an application for the appointment of a manager is made to the ACAT, the ACAT may, by order, continue the first order until the application is decided.
	(3)	A person who has notice of an order under this section must not act contrary to the order.
Maximum penalty (subsection (3)): 50 penalty units, imprisonment for 6 months or both.
72A	Notice of hearing
	(1)	This section applies in relation to the hearing by the ACAT of a matter under this Act.
	(2)	Notice of the hearing must, as far as practicable, be given to—
	(a)	the person the subject of the hearing; and
	(b)	the person’s domestic partner, parents, brothers and sisters; and
	(c)	each child of the person; and
	(d)	if the person has a carer who would not otherwise be given notice of the hearing under this section—the carer; and
	(e)	if the person has a guardian—the guardian; and
	(f)	if there is a manager of the person’s property—the manager; and
	(g)	if an application is made under section 8AA (Manager for missing person’s property)—the applicant; and
	(h)	the public advocate; and
	(i)	if the matter relates to property—the public trustee; and
	(j)	if the matter relates to an enduring power of attorney—each attorney under the power of attorney.
Example—people who must be given notice of hearing
Mr B has dementia and requires constant care.  Mr B’s brother (and guardian), his niece and a close family friend share his care.  Each person must be given notice of a hearing in relation to a matter affecting Mr B.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	Subsection (2) does not limit the people to whom notice of the hearing may be given.
72B	Authority for medical or other examinations
	(1)	The ACAT may, for a hearing, authorise a medical or other examination of the person who is the subject of the hearing.
	(2)	The authority has effect as a valid consent for anything done during the examination.
72C	Power to obtain information and documents
	(1)	If the ACAT is satisfied that a person can give information or produce a document relevant to a hearing under this Act, the ACAT may, by written notice given to the person, require the person to—
	(a)	give the information to the ACAT in writing signed by the person or, for a body corporate, by an officer of the body corporate; or
	(b)	produce the document to the ACAT; or
	(c)	attend before the ACAT to answer questions relevant to the hearing.
Note 1	The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
Note 2	Documents may be produced electronically in certain circumstances (see Electronic Transactions Act 2001).
	(2)	The notice must state—
	(a)	for a notice to give written information or produce a document—
	(i)	the place where the information or document is to be given or produced; and
	(ii)	the time when, or the period within which, the information or document is to be given or produced; or
	(b)	for a notice to attend before the ACAT to answer questions—the time when, and the place where, the person is to attend.
	(3)	This section does not limit any other power of the ACAT under a territory law to obtain information or a document.
73	Acts and omissions of representatives
	(1)	In this section:
person means an individual.
Note	See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
representative, of a person, means an employee or agent of the person.
state of mind, of a person, includes—
	(a)	the person’s knowledge, intention, opinion, belief or purpose; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
	(2)	This section applies to a prosecution for any offence against this Act.
	(3)	If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
	(a)	the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
	(b)	the representative had the state of mind.
	(4)	An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.
	(5)	However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
	(6)	A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).
74	Criminal liability of executive officers
	(1)	An executive officer of a corporation commits an offence if—
	(a)	the corporation commits a an offence against section 72; and
	(b)	the officer was reckless about whether the relevant offence would be committed; and
	(c)	the officer was in a position to influence the conduct of the corporation in relation to the commission of the offence; and
	(d)	the officer failed to take reasonable steps to prevent the commission of the offence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	Subsection (1) does not apply if the corporation would have a defence to a prosecution for the offence.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
	(3)	This section applies whether or not the corporation is prosecuted for, or convicted of, the offence.
	(4)	In this section:
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
75	Determination of fees
	(1)	The Minister may determine fees for this Act, including—
	(a)	fees payable under section 15 to guardians or managers; and
	(b)	fees payable under section 27 (4) by managers for the examination of accounts and documents by the public trustee.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
75A	Approved forms
	(1)	The director‑general may approve forms for this Act.
	(2)	If the director‑general approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
77	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A regulation may also prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 10 penalty units for offences against a regulation.

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	adult
·	appoint
·	bankrupt or personally insolvent
·	domestic partner (see s 169)
·	exercise
·	function
·	Magistrates Court
·	marriage
·	oath.
carer—
	(a)	for the Act generally—see section 6; and
	(b)	for part 2A (Consent to medical treatment without formal representation)—see section 32C.
close relative or close friend, for part 2A (Consent to medical treatment without formal representation)—see section 32A.
decision-making capacity, for part 3 (Powers of Attorney and ACAT)—see the Powers of Attorney Act 2006, dictionary.
decision-making principles—see section 4.
domestic partner, for part  2A (Consent to medical treatment without formal representation)—see section 32A.
electroconvulsive therapy—see the Mental Health (Treatment and Care) Act 1994, section 55.
enduring power of attorney—see the Powers of Attorney Act 2006, section 8.
general president, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
guardian means someone who is a guardian under any of the following sections:
		section 7 (Appointment and powers of guardians)
·	section 7A (Appointment of guardians under direction)
·	section 12 (Recognition of interstate etc guardians and managers)
·	section 32 (Surviving or substitute guardians etc).
health attorney, for part 2A (Consent to medical treatment without formal representation)—see section 32B (1).  
health professional, for part 2A (Consent to medical treatment without formal representation)—see section 32A. 
impaired decision-making ability, for a person—see section 5.
interested person, for part 3 (Powers of Attorney and ACAT)—see the Powers of Attorney Act 2006, dictionary.
interests, of a person—see section 5A.
judicial officer means a judge of the Supreme Court or a magistrate.
manager means a manager under any of the following sections:
·	section 8 (Appointment and powers of managers)
·	section 8AA (Manager for missing person’s property)
·	section 12 (Recognition of interstate etc guardians and managers)
·	section 32 (Surviving or substitute guardians etc).
medical treatment, for part 2A (Consent to medical treatment without formal representation)—see section 32A.
mental illness—see the Mental Health (Treatment and Care) Act 1994, dictionary.
non-regenerative tissue—see the Transplantation and Anatomy Act 1978, dictionary.
power of attorney, for part 3 (Powers of Attorney and ACAT)—see the Powers of Attorney Act 2006, dictionary.
prescribed medical procedure means—
	(a)	an abortion; or
	(b)	reproductive sterilisation; or
	(c)	a hysterectomy; or
	(d)	a medical procedure concerned with contraception; or
	(e)	removal of non-regenerative tissue for transplantation to the body of another living person; or
	(f)	treatment for mental illness, electroconvulsive therapy or psychiatric surgery; or
	(g)	any other medical or surgical procedure prescribed for this definition.
principal¸ for part 3 (Powers of Attorney and ACAT) —see the Powers of Attorney Act 2006, dictionary.
priority order, for health attorneys for a protected person, for part 2A—see section 32B (3).
protected person, for part 2A (Consent to medical treatment without formal representation)—see section 32A.
psychiatric surgery—see the Mental Health (Treatment and Care) Act 1994, dictionary.
remuneration or reward, for part 2A (Consent to medical treatment without formal representation)—see section 32A.
trustee company—see the Trustee Companies Act 1947, dictionary.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Guardianship and Management of Property Act 1991 A1991‑62 
notified 31 October 1991 (Gaz 1991 No S119)
s 1, s 2 commenced 31 October 1991 (s 2 (1))
remainder commenced 7 January 1992 (s 2 (2) and Gaz 1991 No S147)
as amended by
Registrar-General (Consequential Provisions) Act 1993 A1993‑64 sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994‑38 sch 1
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Mental Health (Consequential Provisions) Act 1994 A1994‑45 s 34
notified 7 September 1994 (Gaz 1994 No S177)
s 1, s 2 commenced 7 September 1994 (s 2 (1))
s 34 commenced 6 February 1995 (s 2 (2) and Gaz 1995 No S33)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 A1995‑25 sch
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2)
Guardianship and Management of Property (Amendment) Act 1995 A1995‑36 
notified 31 October 1995 (Gaz 1995 No S266)
commenced 31 October 1995 (s 2)
Land Titles (Consequential Amendments) Act 1995 A1995‑54 sch
notified 20 December 1995 (Gaz 1995 No S313)
commenced 20 June 1996 (s 2)
Legal Practitioners (Consequential Amendments) Act 1997 A1997‑96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 A1999‑22 pt 7
notified 14 April 1999 (Gaz 1999 No S16)
s 1, s 2 commenced 14 April 1999 (s 2 (1))
pt 7 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)
Crimes (Amendment) Act 1999 A1999‑32 s 32
notified 25 June 1999 (Gaz 1999 No S34)
ss 1-4 commenced 25 June 1999 (s 2 (1))
s 32 commenced 1 October 1999 (s 2 (2))
Law Reform (Miscellaneous Provisions) Act 1999 A1999‑66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 (No 2) A2000‑2 sch
notified 9 March 2000 (Gaz 2000 No 10)
commenced 9 March 2000 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 (No 3) A2000‑17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 171
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 171 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Guardianship and Management of Property Amendment Act 2001 A2001‑78 
notified LR 24 September 2001
commenced 24 September 2001 (s 2)
Legislation Amendment Act 2002 A2002‑11 pt 2.25
notified LR 27 May 2002 
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.25 commenced 28 May 2002 (s 2 (1))
Statute Law Amendment Act 2002 A2002‑30 pt 3.35
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.35 commenced 17 September 2002
Criminal Code 2002 No 51 pt 1.11
notified LR 20 December 2002 
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 1.11 commenced 1 January 2003 (s 2 (1))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch1 pt 1.18
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75)
sch 1 pt 1.18 commenced 28 March 2003 (s 2)
Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.7
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
sch 2 pt 2.7 commenced 30 April 2004 (s 2 and LA s 79)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.21
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.21 commenced 9 April 2004 (s 2 (1))
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.28
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.28 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Mental Health (Treatment and Care) Amendment Act 2005 A2005-48 sch 1 pt 1.3
notified LR 6 September 2005
s 1, s 2 commenced 6 September 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 7 September 2005 (s 2)
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.11
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.11 commenced 23 November 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.17
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.17 commenced 22 December 2005 (s 2 (4))
Civil Unions Act 2006 A2006-22 sch 1 pt 1.16
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.16 never commenced
Note	Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.17
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.17 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.11
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.11 commenced 16 November 2006 (s 2 (1))
Carers Recognition Legislation Amendment Act 2006 A2006-47 pt 3
notified LR 28 November 2006
s 1, s 2 commenced 28 November 2006 (LA s 75 (1))
pt 3 commenced 28 May 2007 (s 2 and LA s 79)
Powers of Attorney Act 2006 A2006-50 sch 2 pt 2.1
notified LR 30 November 2006
s 1, s 2 commenced 30 November 2006 (LA s 75 (1))
sch 2 pt 2.1 commenced 30 May 2007 (s 2 and LA s 79)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.53
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.53 commenced 30 May 2007 (s 2 (2) and see Powers of Attorney Act 2006 A2006-50 s 2)
Guardianship and Management of Property Amendment Act 2007 A2007-23
notified LR 5 September 2007
s 1, s 2 commenced 5 September 2007 (LA s 75 (1))
remainder commenced 6 September 2007 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.31
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.31 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.26
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.26 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Guardianship and Management of Property Amendment Act 2008 A2008-47
notified LR 11 September 2008
s 1, s 2 commenced 11 September 2008 (LA s 75 (1))
remainder commenced 2 February 2009 (s 2 and CN2008-19)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.36
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.36 commenced 22 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 sch 1 pt 1.12
notified LR 24 November 2009
s 1, s 2 commenced 24 November 2009 (LA s 75 (1))
sch 1 pt 1.12 commenced 22 December 2009 (s 2 (3))
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.35
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.35 commenced 17 December 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.10
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
s 3 commenced 1 September 2010 (s 2 (1))
sch 1 pt 1.10 commenced 28 September 2010 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2010 (No 4) A2010-50 sch 1 pt 1.2
notified LR 14 December 2010
s 1, s 2 commenced 14 December 2010 (LA s 75 (1))
sch 1 pt 1.2 commenced 21 December 2010 (s 2 (1))
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.74
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.74 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.17
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.17 commenced 21 September 2011 (s 2 (1))
Civil Unions Act 2012 A2012-40 sch 3 pt 3.16
notified LR 4 September 2012
s 1, s 2 commenced 4 September 2012 (LA s 75 (1))
sch 3 pt 3.16 commenced 11 September 2012 (s 2)
Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.4
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
sch 1 pt 1.4 commenced 22 February 2013 (s 2)
Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.15
notified LR 4 November 2013
s 1, s 2 commenced 4 November 2013 (LA s 75 (1))
sch 2 pt 2.15 commenced 7 November 2013 (s 2 and CN2013-11)

4	Amendment history
Name of Act
s 1	sub A2001‑78 amdt 1.1
Dictionary
s 2	orig s 2 om A2001‑44 amdt 1.992
	(prev 2A) ins A2001‑78 amdt 1.2
	sub A2002‑30 amdt 3.398
Notes
s 3	orig s 3 am A2000‑2 sch
	(prev s 6) also renum as s 3 A2001‑78 amdt 1.9
	both s 3 om A2002‑30 amdt 3.399
	ins A2002‑30 amdt 3.400
Important concepts and principles
pt 1A hdg	ins A2001‑78 s 4
Principles to be followed by decision-maker
s 4	orig s 4
	defs reloc to dict A2001‑78 amdt 1.5
	om A2001‑78 amdt 1.6
	def Crimes Act sub A2000‑2 sch
	om A2001‑78 amdt 1.4
	def doctor om A2001‑78 amdt 1.4
	def guardian om A2001‑78 amdt 1.4
	def lawyer om A1997‑96 sch 1
	def manager om A2001‑78 amdt 1.4
	def member (1st definition) om A2001‑78 amdt 1.4
	def non-regenerative tissue om A2001‑78 amdt 1.4
	def property om A2001‑78 amdt 1.4
	def trustee company om A2001‑78 amdt 1.4
	prev s 4
	renum and reloc as s 5A
	pres s 4
	(prev s 5) ins A2001‑78 s 4
	am A2006‑47 s 8
	renum as s 4 A2006‑47 s 9
When does someone have impaired decision-making ability?
s 5	orig s 5
	renum and reloc as s 6A
	prev s 5
	renum as s 4
	pres s 5
	(prev s 6) ins A2001‑78 s 4
	renum as s 5 A2006‑47 s 10
What are a person’s interests?
s 5A	(prev s 4) ins A2001‑78 s 4
	renum and reloc as s 5A A2006‑47 s 7
Meaning of carer
s 6	orig s 6
	renum as s 3
	prev s 6
	renum as s 5
	pres s 6
	ins A2006‑47 s 11
Limits on finding impaired decision-making ability
s 6A hdg	(prev s 5 hdg) sub A2001‑78 amdt 1.7
s 6A	(prev s 5) renum and reloc A2001‑78 amdt 1.8
	sub A2008‑47 s 4
	reloc to pt 1A A2008‑47 s 5
Appointment and powers
div 2.1 hdg	(prev pt 2 div 1 hdg) renum R6 LA
Appointment and powers of guardians
s 7	am A1999‑32 s 32
	sub A2001‑78 s 5
	am A2006‑50 amdt 2.1; A2008‑36 amdt 1.312
Appointment of guardians under direction
s 7A	ins A2001‑78 s 5
	sub A2008‑36 amdt 1.279
Restriction on powers of guardians
s 7B	ins A2001‑78 s 5
	am A2006‑22 amdt 1.67 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2012‑40 amdt 3.57, A2013‑39 amdt 2.32
Appointment and powers of managers
s 8	sub A2001‑78 s 5
	am A2008‑36 amdt 1.280, amdt 1.312
Manager for missing person’s property
s 8AA	ins A2007‑23 s 4
	am A2008‑36 amdt 1.281, amdt 1.312
Missing people’s property—who may apply for appointment of manager?
s 8AB	orig s 8AB
	renum as s 8B
	pres s 8AB
	ins A2007‑23 s 4
Missing people’s property—powers and term of manager
s 8AC	ins A2007‑23 s 4
	am A2008‑36 amdt 1.282
Restriction on power to appoint manager outside ACT
s 8A	ins A2001‑78 s 5
	am A2008‑36 amdt 1.312
Effect on guardian or manager of enduring power of attorney in relation to health care
s 8B	orig s 8B
	renum as s 8C
	pres s 8B
	(prev s 8AB) ins A2006‑50 amdt 2.2
	renum as s 8B R20 LA
	am A2008‑36 amdt 1.312; A2011‑28 amdt 3.124
May a guardian or manager be appointed for a child?
s 8C	(prev s 8B) ins A2001‑78 s 5
	renum as s 8C R20 LA
	am A2008‑36 amdt 1.283
Who may be appointed
s 9	am A2001‑78 amdt 1.10; A2006‑50 amdt 2.11
Considerations affecting appointment
s 10	am A2000‑2 sch; A2001‑78 s 6, amdt 1.11; A2003‑14 amdt 1.62; A2005‑53 amdt 1.58; A2006‑42 amdt 3.56; A2006‑47 s 12; A2006‑50 amdt 2.11; A2008‑36 amdt 1.312; A2010‑30 amdt 1.28
Powers to be least restrictive
s 11	am A2001‑78 s 7; A2006‑47 s 13
Recognition of interstate etc guardians and managers
s 12	am A2001‑78 amdt 1.11; A2008‑36 amdt 1.312; A2009‑49 amdt 3.79
Restrictions on manager about property
s 14	sub A2001‑78 s 8
	am A2008‑36 amdt 1.284
Fees and expenses
s 15	am A2001‑44 amdt 1.1993
Supervision
div 2.2 hdg	(prev pt 2 div 2 hdg) renum R6 LA
Directions by ACAT
s 16 hdg	am A2008‑36 amdt 1.312
s 16	am A1998‑54 sch; A2000‑2 sch; A2001‑78 amdt 1.12; A2008‑36 amdt 1.312
Restrictions on ACAT’s power to give directions
s 17	sub A2008‑36 amdt 1.285
Advice by ACAT
s 18 hdg	am A2008‑36 amdt 1.312
s 18	am A2000‑2 sch; A2008‑36 amdt 1.312
Regular review of guardians and managers
s 19	sub A2008‑36 amdt 1.286
Matters relating to management
div 2.3 hdg	(prev pt 2 div 3 hdg) renum R6 LA
Access to records
s 20	sub A2008‑36 amdt 1.287
Receipt of amounts
s 22	sub A2008‑36 amdt 1.288
Investments
s 24	am A1995‑36 s 4; A2000‑2 sch; A2001‑78 amdt 1.13
	sub A2008‑36 amdt 1.289
Real estate
s 25	am A1993‑64 sch 1; A1995‑54 sch
Accounts
s 26	am A1998‑54 sch; A2001‑78 amdt 1.14, amdt 1.15; A2008‑36 amdt 1.290
Examination of accounts
s 27	am A2001‑44 amdt 1.1994; A2005‑60 amdt 1.102; A2008‑36 amdt 1.312
Missing people’s property—liability of manager and third party dealings
s 27A	ins A2007‑23 s 5
Cessation of guardianship or management
div 2.4 hdg	(prev pt 2 div 4 hdg) renum R6 LA
Resignation
s 28	sub A2008‑36 amdt 1.291
Missing people’s property—ending of order
s 30A	ins A2007‑23 s 6
Removal by ACAT
s 31 hdg	am A2008‑36 amdt 1.312
s 31	am A2000‑2 sch; A2007‑23 s 7, s 8; A2008‑36 amdt 1.312
Surviving or substitute guardians etc
s 32	am A2006‑50 amdt 2.11; A2008‑36 amdt 1.312
Consent to medical treatment without formal representation
pt 2A hdg	ins A2008‑47 s 6
Definitions —pt 2A
s 32A	ins A2008‑47 s 6
	def carer ins A2008‑47 s 6
	def close relative or close friend ins A2008‑47 s 6
	def domestic partner ins A2008‑47 s 6
	am A2012‑40 amdt 3.58
	def health attorney ins A2008‑47 s 6
	def health professional ins A2008‑47 s 6
	def medical treatment ins A2008‑47 s 6
	def priority order ins A2008‑47 s 6
	def protected person ins A2008‑47 s 6
	am A2009‑20 amdt 3.84
	def remuneration or reward ins A2008‑47 s 6
Who is a health attorney for a protected person?
s 32B	ins A2008‑47 s 6
	am A2009‑49 amdt 3.80
Who is a carer for a protected person?
s 32C	ins A2008‑47 s 6
Health attorney may give consent
s 32D	ins A2008‑47 s 6
Decision-making principles apply
s 32E	ins A2008‑47 s 6
Decision about health attorney
s 32F	ins A2008‑47 s 6
Health professional must give information to health attorney
s 32G	ins A2008‑47 s 6
Referring matters to public advocate—refusal of consent
s 32H	ins A2008‑47 s 6
	am A2009‑20 amdt 3.85
Referring matters to public advocate—disagreement between health attorneys
s 32I	ins A2008‑47 s 6
	am A2009‑20 amdt 3.86
Notice to public advocate—long term treatment
s 32J	ins A2008‑47 s 6
Protection of health attorney from liability
s 32K	ins A2008‑47 s 6
Protection of health professional from liability
s 32L	ins A2008‑47 s 6
Preservation of liability
s 32M	ins A2008‑47 s 6
Urgent medical treatment
s 32N	ins A2008‑47 s 6
Need for inquiry
s 33	sub A2006‑50 amdt 2.3
	om A2008‑36 amdt 1.292
Sittings
s 34	am A2000‑2 sch
	om A2008‑36 amdt 1.292
Notice of inquiry
s 35	am A1999‑66 sch 3; A2003‑14 amdt 1.62; A2006‑47 s 14, s 15; pars renum R18 LA; A2006‑50 amdt 2.4; A2007‑23 s 9; pars renum R20 LA (see A2007‑23 s 10)
	om A2008‑36 amdt 1.292
Appearance and representation
s 36	am A1997‑96 sch 1; A2001‑78 amdt 1.16
	om A2008‑36 amdt 1.292
Appearance by audiovisual or audio links
s 36A	ins A1999‑22 s 14
	am A2000‑17 sch 1; A2001‑78 amdt 1.17; A2003‑48 amdt 2.8
	om A2008‑36 amdt 1.292
Conduct of inquiry
s 37	om A2008‑36 amdt 1.292
Evidence
s 38	am A1999‑66 sch 3; A2005‑53 amdt 1.59
	om A2008‑36 amdt 1.292
Authority for medical or other examinations
s 39	am A1999‑66 sch 3
	om A2008‑36 amdt 1.292
Assistance for tribunal
s 40	am A1997‑96 sch 1; A2001‑78 amdt 1.18; A2006‑50 amdt 2.5
	om A2008‑36 amdt 1.292
Power to obtain information and documents
s 41	am A1999‑66 sch 3
	om A2008‑36 amdt 1.292
Privileges against selfincrimination and exposure to civil penalty
s 41A	ins A2005‑53 amdt 1.60
	om A2008‑36 amdt 1.292
Retention of documents
s 42	am A1999‑66 sch 3; A2005‑53 amdt 1.61
	om A2008‑36 amdt 1.292
Form of orders
s 43	am A2001‑78 amdt 1.19
	om A2008‑36 amdt 1.292
Proof of orders
s 44	om A2008‑36 amdt 1.292
Obtaining reasons for decisions
s 45	am A1999‑66 sch 3
	om A2008‑36 amdt 1.292
Withdrawal of applications
s 46	om A2008‑36 amdt 1.292
Costs
s 47	om A2008‑36 amdt 1.292
Removal of people disrupting inquiries
s 48	am A1998‑54 sch; A1999‑66 sch 3; A2001‑78 amdt 1.20
	om A2008‑36 amdt 1.292
Prohibited publications
s 49	am A1998‑54 sch; A1999‑66 sch 3; A2001‑78 amdt 1.21
	om A2008‑36 amdt 1.292
Failure to answer questions etc
s 50	am A1998‑54 sch; A2001‑78 amdt 1.22; A2002‑11 amdt 2.49; A2002‑51 amdt 1.22
	om A2005‑53 amdt 1.62
Failure to attend before tribunal
s 51	am A1998‑54 sch; A1999‑66 sch 3
	om A2005‑53 amdt 1.62
Refusing to be sworn etc
s 52	am A1998‑54 sch
	om A2005‑53 amdt 1.62
False information etc
s 53	am A1998‑54 sch; A2001‑78 amdt 1.23
	om A2005‑53 amdt 1.62
Influencing participants in inquiry
s 54	am A1998‑54 sch
	om A2005‑53 amdt 1.62
Application of Criminal Code, ch 7
s 55	am A1998‑54 sch; A2000‑2 sch
	sub A2005‑53 amdt 1.62
	om A2008‑36 amdt 1.292
Appeals from tribunal to Supreme Court
s 56	am A2004‑60 amdt 1.153, amdt 1.154
	sub A2006‑40 amdt 2.112
	am A2006‑50 amdt 2.6
	om A2008‑36 amdt 1.292
Establishment
s 57	om A2008‑36 amdt 1.292
Functions and powers
s 58	sub A1999‑66 sch 3; A2000‑2 sch
	am A2001‑78 amdts 1.24-1.26
	sub A2006‑50 amdt 2.7
	om A2008‑36 amdt 1.292
Membership of tribunal
s 59	sub A1999‑66 sch 3; A2000‑2 sch
	am A2008‑28 amdt 3.96
	om A2008‑36 amdt 1.292
Presidential members
s 60	am A1999‑66 sch 3
	sub A2000‑2 sch
	om A2008‑36 amdt 1.292
Powers of attorney and ACAT
pt 3 hdg	sub A2008‑36 amdt 1.292
Procedure
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R6 LA
	om A2008‑36 amdt 1.292
Miscellaneous
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R6 LA
	om A2008‑36 amdt 1.292
Appeals
div 3.3 hdg	(prev pt 3 div 3 hdg) renum R6 LA
	om A2008‑36 amdt 1.292
Definitions—pt 3
s 61	sub A2000‑2 sch; A2008‑36 amdt 1.292
	def decision-making capacity ins A2008‑36 amdt 1.292
	def interested person ins A2008‑36 amdt 1.292
	def power of attorney ins A2008‑36 amdt 1.292
	def principal ins A2008‑36 amdt 1.292
ACAT directions etc for enduring powers of attorney
s 62	sub A2000‑2 sch; A2008‑36 amdt 1.292
Reference of power of attorney matters to Supreme Court
s 63	am A1999‑66 sch 3
	sub A2000‑2 sch; A2008‑36 amdt 1.292
Giving accounts to public advocate—enduring powers of attorney
s 64	am A1994‑38 sch 1
	sub A2000‑2 sch
	am A2006‑42 amdt 3.57
	sub A2008‑36 amdt 1.292
Declaration about decision-making capacity
s 65	sub A2000‑2 sch; A2008‑36 amdt 1.292
Removing attorneys
s 66	am A1998‑54 sch
	sub A2000‑2 sch; A2008‑36 amdt 1.292
Role of president
s 66A	ins A2000‑2 sch
	om A2008‑36 amdt 1.292
Deciding questions
s 66B	ins A2000‑2 sch
	am A2006‑50 amdt 2.8
	om A2008‑36 amdt 1.292
Protection of members etc
s 66C	ins A2000‑2 sch
	om A2008‑36 amdt 1.292
Secrecy
s 66D	ins A2000‑2 sch
	om A2008‑36 amdt 1.292
Guardianship and management of property tribunal
pt 4 hdg	om A2008‑36 amdt 1.292
Establishment, functions and powers
div 4.1 hdg	(prev pt 4 div 1 hdg) ins A2000‑2 sch
	renum R6 LA
	om A2008‑36 amdt 1.292
Tribunal members
div 4.2 hdg	(prev pt 4 div 2 hdg) ins A2000‑2 sch
	renum R6 LA
	om A2008‑36 amdt 1.292
Registrar and deputy registrars
div 4.3 hdg	(prev pt 4 div 3 hdg) ins A2000‑2 sch
	renum R6 LA
	om A2008‑36 amdt 1.292
Other provisions
div 4.4 hdg	(prev pt 4 div 4 hdg) ins A2000‑2 sch
	renum R6 LA
	om A2008‑36 amdt 1.292
Temporary appointments
s 67 hdg	sub A2008‑47 s 7
s 67	am A2006‑50 amdt 2.11; A2007‑23 s 11
	sub A2008‑36 amdt 1.293
Emergency removal of disabled persons
s 68	am A1999‑66 sch 3; A2005‑53 amdt 1.63; A2006‑50 amdt 2.11; A2008‑36 amdt 1.294, amdt 1.295
Emergency orders—enduring powers of attorney
s 68A	ins A2006‑50 amdt 2.9
	sub A2008‑36 amdt 1.296
ACAT’s power to revoke health direction
s 68B	ins A2006‑50 amdt 2.9
	sub A2008‑36 amdt 1.296
Capacity to consent to medical etc procedures
s 69	am A2008‑36 amdt 1.312
ACAT may consent to prescribed medical procedures
s 70 hdg	sub A2008‑36 amdt 1.297
s 70	am A1994‑45 s 34; A2005‑48 amdt 1.6, amdt 1.7; A2006‑50 amdt 2.11; A2008‑36 amdt 1.298, amdt 1.312
Power to adjust transactions
s 71	am A2008‑36 amdt 1.312
Injunctions to restrain dealings
s 72	am A1998‑54 sch; A2001‑78 amdt 1.27; A2008‑36 amdt 1.312
Notice of meeting
s 72A	ins A2008‑36 amdt 1.299
Authority for medical or other examinations
s 72B	ins A2008‑36 amdt 1.299
Power to obtain information and documents
s 72C	ins A2009‑44 amdt 1.28
Acts and omissions of representatives
s 73	sub A2001‑78 amdt 1.28; A2004‑15 amdt 1.25
Criminal liability of executive officers
s 74	om A1998‑54 sch
	ins A2001‑78 amdt 1.28
	am A2010‑50 amdt 1.3; A2011‑28 amdt 3.125
	sub A2013-4 amdt 1.5
Determination of fees
s 75	sub A2001‑44 amdt 1.1995
	am A2006‑42 amdt 3.58
Approved forms
s 75A	ins A2008‑47 s 8
	am A2011‑22 amdt 1.231
Annual report
s 76	om A1995‑25 sch
Regulation-making power
s 77	am A1998‑54 sch
	sub A2000‑2 sch
	am A2001‑44 amdt 1.1996, amdt 1.1997; A2008‑36 amdt 1.300; ss renum R22 LA
Transitional provisions about tribunal members
s 78	ins A2000‑2 sch
	exp 9 June 2000 (s 78 (4))
Dictionary
dict	ins A2001‑78 amdt 1.29
	am A2002‑30 amdt 3.401; A2003‑14 amdt 1.63; A2005‑53 amdt 1.64; A2008‑36 amdt 1.301; A2010‑30 amdt 1.29; A2012‑40 amdt 3.59, A2013‑39 amdt 2.33, amdt 2.34
	def carer ins A2006‑47 s 16
	sub A2008‑47 s 9
	def close relative or close friend ins A2008‑47 s 10
	def convulsive therapy ins A1994‑45 s 34
	reloc from s 4 A2001‑78 amdt 1.5
	om A2005‑48 amdt 1.8
	def decision-making capacity ins A2008‑36 amdt 1.302
	def decision-making principles ins A2001‑78 amdt 1.29
	sub A2006‑47 s 17
	def deputy president ins A1999‑66 sch 3
	reloc from s 4 A2001‑78 amdt 1.5
	om A2008‑36 amdt 1.303
	def domestic partner ins A2008‑47 s 10
	def electroconvulsive therapy ins A2005‑48 amdt 1.9
	def enduring power of attorney ins A2006‑50 amdt 2.10
	def executive officer ins A2001‑78 amdt 1.29
	om A2011‑28 amdt 3.126
	def general president ins A2008‑36 amdt 1.304
	def guardian ins A2001‑78 amdt 1.29
	def health attorney ins A2008‑47 s 10
	def health professional ins A2008‑47 s 10
	def impaired decision-making ability ins A2001‑78 amdt 1.29
	sub A2006‑47 s 18
	def inquiry reloc from s 4 A2001‑78 amdt 1.5
	om A2008‑36 amdt 1.305
	def interested person ins A2008‑36 amdt 1.306
	def interests ins A2006‑47 s 19
	def judicial officer reloc from s 4 A2001‑78 amdt 1.5
	def manager ins A2001‑78 amdt 1.29
	sub A2007‑23 s 12
	def medical treatment ins A2008‑47 s 10
	def member ins A2000‑2 sch
	reloc from s 4 A2001‑78 amdt 1.5
	om A2008‑36 amdt 1.307
	def mental illness ins A2005‑48 amdt 1.9
	def neurosurgery ins A1994‑45 s 34
	reloc from s 4 A2001‑78 amdt 1.5
	om A2011‑28 amdt 3.127
	def non-presidential member ins A1999‑66 sch 3
	reloc from s 4 A2001‑78 amdt 1.5
	om A2008‑36 amdt 1.307
	def non-regenerative tissue ins A2001‑78 amdt 1.29
	am A2007‑3 amdt 3.287
	def power of attorney ins A2008‑36 amdt 1.308
	def prescribed medical procedure am A1994‑45 s 34; pars renum R6 LA (see A2001‑78 amdt 1.3)
	reloc from s 4 A2001‑78 amdt 1.5
	am A2005‑48 amdt 1.10
	def president reloc from s 4 A2001‑78 amdt 1.5
	om A2008‑36 amdt 1.309
	def presidential member ins A1999‑66 sch 3
	reloc from s 4 A2001‑78 amdt 1.5
	om A2008‑36 amdt 1.309
	def primary carer ins A2001‑78 amdt 1.29
	om A2006‑47 s 20
	def principal ins A2008‑36 amdt 1.310
	def priority order ins A2008‑47 s 10
	def protected person ins A2008‑47 s 10
	def psychiatric illness ins A1994‑45 s 34
	reloc from s 4 A2001‑78 amdt 1.5
	om A2005‑48 amdt 1.11
	def psychiatric surgery ins A1994‑45 s 34
	reloc from s 4 A2001‑78 amdt 1.5
	sub A2005‑48 amdt 1.12
	def remuneration or reward ins A2008‑47 s 10
	def spouse reloc from s 4 A2001‑78 amdt 1.5
	om A2003‑14 amdt 1.64
	def tribunal reloc from s 4 A2001‑78 amdt 1.5
	om A2008‑36 amdt 1.311
	def trustee company ins A2001‑78 amdt 1.29

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	A1993‑64	31 January 1994	
2	A1994‑45	28 February 1995	
3	A1997‑96	1 June 1998	
4	A2000‑2	31 March 2000	
5	A2001‑78	24 September 2001	
6	A2002‑11	28 May 2002	
7	A2002‑30	10 October 2002	
8	A2002‑51	1 January 2003	
9	A2003‑14	28 March 2003	
10	A2004‑15	9 April 2004	
11*	A2004‑15	30 April 2004	
12	A2004‑60	10 January 2005	
13	A2005‑48	7 September 2005	
14	A2005‑53	23 November 2005	
15	A2005‑60	22 December 2005	
16	A2006‑40	29 September 2006	
17	A2006‑42	16 November 2006	
18	A2007‑3	28 May 2007	
19*	A2007‑3	30 May 2007	
20	A2007‑23	6 September 2007	
21	A2008‑28	26 August 2008	
22	A2008‑47	2 February 2009	
23	A2009‑20	22 September 2009	
24	A2009‑49	17 December 2009	
25	A2009‑49	22 December 2009	
26	A2010‑30	28 September 2010	
27	A2010‑50	21 December 2010	
28	A2011‑22	1 July 2011	
29	A2011‑28	21 September 2011	
30	A2012‑40	11 September 2012	
31	A2013‑4	22 February 2013	

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