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POWERS OF ATTORNEY ACT 1998 - SCHEDULE 3

SCHEDULE 3 – Dictionary


"administrator" means an administrator appointed under the Guardianship and Administration Act 2000 .

"adult guardian" ...

"advance health directive" see section 35 .

"approved clinical research" see schedule 2 , section 13 .

"approved form" means a form approved by the chief executive under section 161 .

"attorney" means—

(a) an attorney under a power of attorney, enduring power of attorney or advance health directive; or
(b) a statutory health attorney.

"capacity" , for a person for a matter, means the person is capable of—
(a) understanding the nature and effect of decisions about the matter; and
(b) freely and voluntarily making decisions about the matter; and
(c) communicating the decisions in some way.
Note—
Under the Guardianship and Administration Act 2000 , section 146 (3) , in deciding whether an individual is capable of communicating decisions in some way, the tribunal must investigate the use of all reasonable ways of facilitating communication, which may include symbol boards or signing.

"clinical research" see schedule 2 , section 13 (1) .

"close friend" , of a person, means another person who has a close personal relationship with the first person and a personal interest in the first person’s welfare.

"commissioner for declarations" see the Justices of the Peace and Commissioners for Declarations Act 1991 .

"conflict transaction" see section 73 .

"court" means the Supreme Court.

"de facto spouse" ...

"dependant" , of a principal, means a person who is completely or mainly dependent on the principal.

"electroconvulsive therapy" see schedule 2 , section 14 .

"eligible attorney" see section 29 .

"eligible signer" see section 30 .

"eligible witness" see section 31 .

"enduring document" see section 28 .

"enduring power of attorney" see section 32 .

"financial matter" see schedule 2 , section 1 .

"forensic examination" of a principal means a medical or dental procedure for the principal that is carried out for forensic purposes, other than because the principal is suspected of having committed a criminal offence.

"general power of attorney made under this Act" see section 8 .

"general principles" see section 6C .

"good medical practice" see schedule 2 , section 5B .

"guardian" means a guardian appointed under the Guardianship and Administration Act 2000 .

"health care" see schedule 2 , section 5 .

"health care primarily to treat organic malfunction or disease" see schedule 2 , section 11 .

"health care principles" see section 6D .

"health care principle" ...

"health matter" see schedule 2 , section 4 .

"health provider" means a person who provides health care in the practice of a profession or the ordinary course of business.
Example—
dentist

"impaired capacity" , for a person for a matter, means the person does not have capacity for the matter.

"insolvent" includes external administration (for example, liquidation, receivership or compromise entered into with creditors) under the Corporations Act or a similar law of a foreign jurisdiction.

"interested person" , for another person, means a person who has a sufficient and genuine concern for the rights and interests of the other person.

"jurisdiction" means—
(a) another State; or
(b) New Zealand.

"legal matter" see schedule 2 , section 18 .

"life-sustaining measure" see schedule 2 , section 5A .

"life-sustaining measures" ...

"matter" includes a type of matter.
Example—
A reference in section 10 (1) (a) to a person appointing an attorney to exercise power for a matter includes a reference to a person appointing an attorney to exercise power for a type of matter (for example, particular, but not all, financial matters).

"non-ablative neurosurgical procedure" see schedule 2 , section 15A .

"paid carer" , for a principal, means someone who—
(a) performs services for the principal’s care; and
(b) receives remuneration from any source for the services, other than—
(i) a carer payment or other benefit received from the Commonwealth or a State for providing home care for the principal; or
(ii) remuneration attributable to the principle that damages may be awarded by a court for voluntary services performed for the principal’s care.
Note—
This principle was established in Griffiths v Kerkemeyer (1977) 139 CLR 161—see Queensland Law Reform Commission Report No. 45, ‘The assessment of damages in personal injury and wrongful death litigation, Griffiths v Kerkemeyer, Section 15C Common Law Practice Act 1867’, October 1993.

"personal matter" see schedule 2 , section 2 .

"power" , for a matter, means power to make all decisions about the matter and otherwise exercise the power.

"power of attorney given as security" see section 10 (1) .

"prescribed special health care" see schedule 2 , section 17 .

"principal" means—
(a) in the context of a power of attorney, enduring power of attorney or advance health directive or an attorney under 1 of these documents—the person who made the document or appointed the attorney; or
(b) in the context of a statutory health attorney—the person for whom the statutory health attorney is statutory health attorney.

"psychosurgery" see schedule 2 , section 15 .

"public guardian" means the public guardian under the Public Guardian Act 2014.

"relation" , of a person, means—
(a) a spouse of the first person; or
(b) a person who is related to the first person by blood, marriage or adoption or because of a de facto relationship, foster relationship or a relationship arising because of a legal arrangement; or
Example of legal arrangement—
1 court order for custody
2 trust arrangement between trustee and beneficiary
(c) a person on whom the first person is completely or mainly dependent; or
(d) a person who is completely or mainly dependent on the first person; or
(e) a person who is a member of the same household as the first person.

"removal of tissue for donation" see schedule 2 , section 8 (1).

"resident" has the meaning given by the Residential Services (Accreditation) Act 2002.

"residential service" has the meaning given by the Residential Services (Accreditation) Act 2002.

"service provider" has the meaning given by the Residential Services (Accreditation) Act 2002 .

"special health care" see schedule 2 , section 7 .

"special health matter" see schedule 2 , section 6 .

"special life-sustaining measures" ...

"special medical research or experimental health care" see schedule 2 , section 12 .

"special personal matter" see schedule 2 , section 3 .

"spouse" ...

"statutory health attorney" see section 63 .

"sterilisation" see schedule 2 , section 9 .

"support network" , for an adult, consists of the following people—
(a) members of the adult’s family;
(b) close friends of the adult;
(c) other people the tribunal decides provide support to the adult.

"term" includes condition, limitation and instruction.

"termination" see schedule 2 , section 10 .

"tissue" see schedule 2 , section 8 (2).

"tribunal" means QCAT.



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