Australian Capital Territory Current Acts

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 68

    (1)     If—

        (a)     the 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 president of the ACAT or judicial officer may, on application by the public trustee and guardian, issue a warrant authorising the public trustee and guardian, 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 president of the ACAT or the judicial officer must prepare and sign the warrant and tell the public trustee and guardian its terms; and

        (b)     the public trustee and guardian 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 trustee and guardian 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 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 trustee and guardian must apply to be appointed as the person's guardian.