Guardianship and Administration Regulations 1997
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Guardianship and Administration Act 1995 .
11 August 1997G. S. M. GREEN
Governor
By His Excellency's Command,
R. J. GROOM
Minister for Justice
These regulations may be cited as the Guardianship and Administration Regulations 1997 .
These regulations commence on 1 September 1997.
(1) In these regulations –Act means the Guardianship and Administration Act 1995 ;drug of addiction means a substance listed in Schedule 8 to the Poisons List within the meaning of the Poisons Act 1971 ;health care professional includes a psychiatrist, any other registered practitioner and a psychologist;restricted substance means a substance listed in Schedule 4 to the Poisons List within the meaning of the Poisons Act 1971 .(2) For the purposes of these regulations, a reference to a telephone number is taken to include a reference to any other means by which a copy of a document may be transmitted by facsimile process or any electronic or similar process approved by the Board.
4. Application for guardianship order
(1) For the purposes of section 19(2)(b) of the Act, the following information is prescribed:(a) the name and address of each of the following:(i) the applicant;(ii) the person for whom the application is made;(iii) any health care professional who has diagnosed the disability of the person for whom the application is made;(iv) the proposed guardian;(v) any other person who is concerned for the welfare of the person for whom the application is made;(b) in respect of each person referred to in paragraph (a) , the telephone number or other means of transmission referred to in regulation 3(2) ;(c) the reasons why a guardian is needed;(d) details of the financial affairs of the person for whom the application is made;(e) a report from a health care professional, in accordance with subregulation (2) , giving details of the disability of the person for whom the application is made or such other written evidence of that disability as the Board may accept.(2) The report is to state the opinion of the health care professional as to whether the disability affects the ability of the person concerned to look after his or her own health, safety or welfare.
5. Application for revocation of appointment of enduring guardian
For the purposes of section 34(2)(c) of the Act, the following information is prescribed:(a) the name and address of each of the following:(i) the applicant;(ii) the enduring guardian;(iii) the appointor of the enduring guardian;(b) in respect of each person referred to in paragraph (a) , the telephone number or other means of transmission referred to in regulation 3(2) ;(c) the reasons for seeking the revocation.
For the purposes of Part 6 of the Act, the following treatments are declared to be special treatments:(a) any treatment involving the administration of any drug of addiction, other than in association with the treatment of cancer or palliative care of a terminally ill patient, over a period or periods totalling more than 10 days in any period of 30 days;(b) psychosurgery, including any neurological procedure carried out for the relief of the symptoms of Parkinson's disease;(c) any treatment involving the use of an aversive stimulus, whether mechanical, chemical, physical or otherwise.
7. Medical or dental treatment without consent
For the purposes of section 41(2) of the Act, the cases where medical or dental treatment may not be carried out on a person to whom Part 6 of the Act applies without consent under Division 2 of that Part are that –(a) the treatment is continuing or ongoing and involves the administration of a restricted substance primarily to control the conduct of the person to whom it is given; or(b) the treatment involves the administration of a drug of addiction other than in association with the treatment of cancer or palliative care of a terminally ill patient; or(c) the treatment is electro convulsive therapy (ECT); or(d) the treatment involves a substantial risk to the person concerned of –(i) death; or(ii) brain damage; or(iii) paralysis; or(iv) permanent loss of function of any organ or limb; or(v) permanent and disfiguring scarring; or(vi) extreme pain or distress; or(e) the treatment is intended, or likely, to result in the removal of all or a substantial number of teeth.
8. Consent by persons responsible
(1) For the purposes of section 43 of the Act, the consent of a person responsible for a person to whom Part 6 of the Act applies is, subject to subregulation (2) , to be in writing.(2) The consent of the person responsible may be given orally if it is not practicable to give it in writing owing to the need to provide the treatment urgently but that person must give written confirmation of the consent as soon as practicable to the registered practitioner concerned.
9. Application for Board's consent
For the purposes of section 44(2)(c) of the Act, the following information is prescribed:(a) the name and address of each of the following:(i) the applicant;(ii) the person for whom the application is made;(iii) the registered practitioner who recommended the treatment required;(iv) the registered practitioner who will carry out the treatment;(v) any person responsible for the person for whom the application is made;(vi) any other person who is concerned for that person's welfare;(vii) any health care professional who has diagnosed the disability of the person for whom the application is made;(b) in respect of each person referred to in paragraph (a) , the telephone number or other means of transmission referred to in regulation 3(2) ;(c) details of –(i) the medical or dental condition requiring treatment; and(ii) the proposed treatment; and(iii) the date, time and place of the proposed treatment, if known;(d) the views of the person for whom the application is made on the proposed treatment;(e) a report from a health care professional giving details of the disability of the person for whom the application is made and stating how the disability affects the capacity of that person to give a consent to the proposed treatment;(f) a report from a registered practitioner giving details of –(i) the condition and proposed treatment; and(ii) the risks of carrying out the treatment; and(iii) the risks of failure to carry out the treatment; and(iv) whether the proposed treatment can be postponed on the ground that better treatment may become available and whether the person concerned is likely to become capable of consenting to the treatment; and(v) any alternative treatment available.
10. Application for administration order
(1) For the purposes of section 50(3)(b) of the Act, the following information is prescribed:(a) the name and address of each of the following:(i) the applicant;(ii) the person for whom the application is made;(iii) any health care professional who has diagnosed the disability of the person for whom the application is made;(iv) the proposed administrator;(v) any other person who is concerned for the welfare of the person for whom the application is made;(b) in respect of each person referred to in paragraph (a) , the telephone number or other means of transmission referred to in regulation 3(2) ;(c) the reasons why an administrator is needed;(d) full details of the financial affairs of the person for whom the application is made;(e) a report from a health care professional, in accordance with subregulation (2) , giving details of the disability of the person for whom the application is made or, if there is no such report, a statement of reasons satisfactory to the Board why the report cannot be procured.(2) The report is to state the opinion of the health care professional as to whether the disability affects the ability of the person concerned to manage his or her own financial affairs.
11. Application for review of guardianship order or administration order
(1) For the purposes of an application under section 67 of the Act to review a guardianship order or administration order, an application to the Board is to contain the following information:(a) the name and address of each of the following:(i) the applicant;(ii) the person in respect of whom the review is sought;(iii) the guardian of that person, the administrator of that person's estate or, if appropriate, both of them;(iv) any other person who is concerned for the welfare of the person for whom the review is sought;(b) in respect of each person referred to in paragraph (a) , the telephone number or other means of transmission referred to in regulation 3(2) ;(c) the reasons why the guardianship order or administration order, or both of them, should be continued, varied or revoked;(d) details of the financial affairs of the person for whom the review is sought;(e) a report from a health care professional, in accordance with subregulation (2) , giving current details of any disability of the person in respect of whom the application is made or such other written evidence of that disability as the Board may accept.(2) The report is to state the opinion of the health care professional as to whether the disability affects the ability of the person concerned to look after his or her own health, safety or welfare or to manage his or her financial affairs.
12. Applications to be supported by declaration
(1) An application under these regulations is to be supported by a declaration by the person making the application that all the information contained in the application is true and accurate, that it is not misleading and that no details relevant to the application have been omitted.(2) If any such application contains a statement that is false or misleading in a material particular, the person making the application is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 20 August 1997
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations prescribe –(a) special treatments for the purposes of the Guardianship and Administration Act 1995 ; and(b) the information to be given in support of applications for a guardianship order, an administration order or revocation of appointment of an enduring guardian; and(c) requirements relating to consents to medical and dental treatment.