WHO MiNDbank: More Inclusiveness Needed in Disability and Development

A database of resources covering mental health, substance abuse, disability, general health, human rights and development

Guardianship and Administration Act 1990

Government of Western Australia Country Resources Capacity related legislation Australia, Western Australia 12 December 1990 Legislation/regulation legal capacity

This translation feature uses a third-party service. Please be advised that the machine-translated content may not be accurate. Translation only applies to this page and is not available for downloaded files or external links.

Print

Description

PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
PART 2—PRINCIPLES TO BE OBSERVED BY BOARD
4. Principles stated
PART 3—GUARDIANSHIP AND ADMINISTRATION BOARD
Division 1—Board established
5. Establishment of Board
6. Member not subject to Public Service Act 1978
7. Further provisions as to constitution
S. Remuneration and allowances of members
9. Practice directions
Section
10. Registrar and other officers
11. Judicial notice of seal and signatures
12. Annual report of Board
Division 2—Functions and proceedings of Board
13. Functions of Board
14. Registrar's powers to deal with prescribed matters
15. Board to act informally
16. Costs
17. Further provisions as to proceedings
Division 3—Appeals
18. Interpretation
19. Right of appeal by leave
20. Application for leave
21. Grounds
22. Grant or refusal of leave
23. Ancillary orders and directions
24. Reference of application to Full Court
25. Application and appeal may be heard together
26. Notice to other parties
27. Amendment of grounds of appeal
28. Status of Board's determination pending disposal of appeal
29. Nature of appeal, and evidence
30. Powers of Court
31. Want of form
32. Notification of result of appeal to registrar
33. Discontinuance of appeal
34. Dismissal for want of prosecution
35. Application for re-instatement of appeal
36. Time may be extended or shortened
37. Enforcement of order for costs
Division 4—Referral of question of law to Full Court
38. Board may refer question
PART 4—APPLICATIONS FOR GUARDIANSHIP AND ADMINISTRATION
ORDERS
Section
39. Application only with leave of Board
40. Application
41. Notice of hearing
42. Withdrawal of application
PART 5—GUARDIANSHIP
Division 1—Appointment of Guardian
43. Making of guardianship order
44. Who may be appointed guardian
Division 2—Functions of Guardians
45. Authority of plenary guardian
46. Authority of limited guardian
47. Guardian may apply for directions
48. Guardian may execute documents, etc.
49. Guardian may obtain warrant to enter
50. Effect of actions etc., of guardian
51. Guardian to act in best interests of represented person
52. No power to request admission to psychiatric hospital
53. Guardians to act unanimously
54. Death of joint guardian
55. Alternate guardian to take over on death of guardian
Division 3—Limitations on sterilization of persons under guardianship
or where application for guardianship made
56. Definitions
57. Prerequisites for sterilization of persons to whom this Division applies
58. Restriction on guardian's consent
59. Application for consent
60. Notice of hearing
61. Withdrawal of application
62. Board shall hear urgently
63. Board may consent if in best interests of represented person
PART 6-ESTATE ADMINISTRATION
Division 1-Appointment of Administrator
Section
64. Making of administration order
65. Emergency provision
66. Acts may be authorized without administration order
67. Non-residents, etc.
68. Who may be appointed administrator
Division 2-Functions of Administrators
69. Authority of administrator
70. Administrator to act in best interests of represented person
71. Authority which may be conferred on administrator
72. Further provisions as to authority of administrators
73. Property outside the State
74. Administrator may apply for directions
75. Administrators to act unanimously
76. Administrator may employ agents
77. Represented person incapable of dealing with estate
78. Cessation of authority of administrator
79. Represented person bound by acts of administrator
80. Accounts
81. Enforcement of security
82. Transactions may be set aside
83. Saving for certain rules of court
PART 7-REVIEW OF ORDERS
84. Board to review orders periodically
85. Circumstances in which review mandatory
86. Review on application or at initiative of Board
87. Leave to apply for review
88. Application for review
89. Notice of review
90. Powers of Board on review
PART 8-THE PUBLIC GUARDIAN
91. Public Guardian
92. Resignation, removal, etc.
93. Acting Public Guardian
94. Staff
95. Powers of delegation
96. Existing rights, etc.
Section
97. Functions of Public Guardian
98. Notification to Public Guardian of order for strict custody
99. Public Guardian to act on death of guardian or administrator
100. Judicial notice
101. Annual report of Public Guardian
PART 9-ENDURING POWERS OF ATTORNEY
102. Definitions
103. Other Acts
104. Execution of enduring power of attorney
105. Enduring power of attorney survives incapacity
106. Donee may apply for declaration of legal incapacity
107. Obligations of donee
108. Appointment of administrator
109. On application Board may intervene
110. Notice of application
PART 10-MISCELLANEOUS PROVISIONS
111. Declaration as to capacity to vote
112. Inspection of records
113. Confidentiality
114. Immunity
115. Service of notices
116. Failure to give notice not to invalidate hearing
117. Remuneration
118. Expenses
119. Medical and dental treatment
120. Regulations
121. Rules of Board
122. Review of Act
123. Consequential amendments
124. Transitional provisions

Content

Download
English, 2.3 MB pdf

WHO collates and provides external links to resources focusing on mental health, disability, general health, human rights and development but does not specifically endorse particular laws, policies, plans or other documents from countries or organisations. WHO also does not warrant that the information in this record is correct or refers to the most up-to-date version. Please read the site disclaimer for further details. If this record contains an error or is outdated, please notify us.