PUBLIC GUARDIAN ACT 2014 NO. 26

Queensland Numbered Acts

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PUBLIC GUARDIAN ACT 2014 NO. 26

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY
Part 1--Introduction

1. Short title
2. Commencement
3. Definitions
4. Act binds all persons
Part 2--Purpose and principles of Act
5. Purpose
6. Principles for adults with impaired capacity for a matter
7. Principles for relevant children and children staying at visitable sites
Part 3--Relationship with other Acts
8. Relationship with Guardianship and Administration Act 2000 and Powers of Attorney Act 1998

CHAPTER 2--PUBLIC GUARDIAN

9. Establishment
10. Role
11. Functions—general
12. Functions—adult with impaired capacity for a matter
13. Functions—relevant child, etc.
14. Powers
15. Not under Ministerial control

CHAPTER 3--PROVISIONS RELATING TO ADULTS WITH IMPAIRED CAPACITY
Part 1--Preliminary

16. Overview of ch 3
17. Definitions for ch 3
Part 2--Advice and supervision
18. Public guardian may give advice and impose supervision
Part 3--Investigations
19. Investigate complaints
20. Delegate for investigation
21. Records and audit
22. Right to information
23. Information by statutory declaration
24. Protection from liability for giving information
25. Witnesses
26. Power of court if noncompliance with attendance notice
27. Power of court if failure to cooperate under subpoena
28. Self-incrimination not a reasonable excuse
29. Cost of investigations and audits
30. Obstructing investigation or audit
31. Report after investigation or audit
32. Prohibited use of report after investigation or audit
Part 4--Protective powers
33. Proceedings for protection of property
34. Suspension of attorney's power
35. Exercise of power during suspension
36. Power to apply for entry and removal warrant
37. Health providers may advise public guardian
Part 5--Power to consent to forensic examination
38. Consent to forensic examination
Part 6--Community visitor program (adult)
Division 1--Interpretation
39. Definitions for pt 6
Division 2--Purpose
40. Purpose and allocation of community visitors (adult)
Division 3--Functions
41. Inquiry and complaint functions
42. Requirement to regularly visit visitable site
43. Requirement to visit visitable site if asked
Division 4--Powers
44. Power to do all things necessary or convenient
45. Public guardian may authorise access outside normal hours
46. Consumer's views and wishes
47. Reports by community visitors (adult)
48. Public guardian's directions about the exercise of powers
Division 5--Miscellaneous
49. Privacy of correspondence between community visitor (adult) and consumers

CHAPTER 4--PROVISIONS RELATING TO RELEVANT CHILDREN AND CHILDREN STAYING AT VISITABLE SITES
Part 1--Preliminary

50. Overview of ch 4
51. Definitions for ch 4
52. When is a child a relevant child
53. Who is a parent
54. Child's views and wishes
Part 2--Community visitor program (child)
Division 1--Purpose
55. Purpose and allocation of community visitors (child)
Division 2--Functions
56. Functions of community visitor (child), etc.
57. Requirement to visit children under care in visitable homes
58. Requirement to regularly visit visitable site
59. Requirement to visit visitable home or communicate if asked
60. Requirement to visit visitable site or communicate if asked
Division 3--Powers
Subdivision 1--Visitable homes
61. Power of entry—visitable home
62. Consent to entry—visitable home
63. Application for warrant—visitable home
64. Issue of warrant—visitable home
65. Warrants—procedure before entry to visitable home
66. Powers relating to visitable homes
Subdivision 2--Visitable sites
67. Power of entry—visitable site
68. Public guardian may authorise access to visitable site outside normal hours
Subdivision 3--General
69. Community visitor (child) to respect privacy
70. Reports by community visitors (child)
71. Public guardian's directions about the exercise of powers
Division 4--Miscellaneous
72. Privacy of correspondence between community visitor (child) and children
Part 3--Child advocacy officers
Division 1--Functions
73. Functions of child advocacy officer
Division 2--Powers
74. Power of entry
75. Public guardian may authorise access to visitable site outside normal hours
76. Powers in relation to staff members of visitable sites
77. Matters to which ss 74 and 76 are subject
78. Consent to entry
79. Application for warrant
80. Issue of warrant
81. Warrants—procedure before entry
82. Powers relating to places where child is staying
83. Child advocacy officer to respect privacy
Part 4--Information exchange
84. Purpose
85. Application of pt 4—separate representatives
86. Prescribed entities
87. Information requirement made by public guardian
88. Use of information
89. Chief executive (child safety) to advise public guardian when child is subject to particular orders, etc.
90. Making information available to prescribed entities
91. Making information available for Child Protection Act
92. Protection from liability for giving information
93. Interaction with other laws

CHAPTER 5--ADMINISTRATION
Part 1--Appointment of public guardian and related provisions

94. Appointment of public guardian
95. Public guardian employed under this Act
96. Selection
97. Term of office
98. Conditions of appointment
99. Vacancy in office
100. Preservation of rights of public guardian
101. Acting public guardian
Part 2--Office and staff of the public guardian
102. Office
103. Control of the office
104. Staff
105. Consultation and employment of professionals, etc.
Part 3--External contractors
106. Engaging external contractor
107. Acts applying to external contractor
108. Review of external contractor's performance
Part 4--Appointment of community visitors and child advocacy officers and related provisions
109. Appointment
110. Eligibility for appointment as community visitor (adult)
111. Eligibility for appointment as community visitor (child)
112. Eligibility for appointment as child advocacy officer
113. Duration of appointment as community visitor
114. Terms of appointment of community visitors
115. Limitation of powers
116. Identity card
117. Failure to return identity card
118. Production or display of identity card
Part 5--Assessing suitability of persons to be engaged in particular employment
119. Person seeking to be engaged by the public guardian must disclose criminal history
120. Investigations about suitability of applicant to be community visitor or child advocacy officer
121. Community visitor or child advocacy officer to disclose change in criminal history
122. Failing to make disclosure or making false, misleading or incomplete disclosure
123. Person to be advised of information obtained from commissioner of the police service
124. Use of information obtained under this part
125. Guidelines for dealing with information obtained under this part
Part 6--Other provisions
126. Annual report
127. Not a statutory body for particular Acts

CHAPTER 6--GENERAL
Part 1--Tribunal provisions (child)

128. Meaning of reviewable decision for pt 1
129. References to public guardian
130. Right to appear, etc.
131. Tribunal to advise public guardian of hearing relating to child protection matters
132. Access
133. Public Guardian may apply for review of reviewable decisions
Part 2--Evidence and legal proceedings
134. Proof of status as relevant child
135. Evidentiary provisions
136. Proceeding for offences
137. When proceeding may start
Part 3--False or misleading statements or documents
138. False or misleading statements
139. False or misleading documents
Part 4--Confidentiality
140. Confidentiality of information
141. Confidentiality of information given by persons involved in administration of Act to other persons
142. Disclosure of information about investigations
143. Disclosure by public guardian of information for research purposes
Part 5--Miscellaneous
144. Complaints agency or other government service provider to inform public guardian about actions taken for complaint
145. Protection from liability
146. Delegation
147. Approved forms
148. Regulation-making power

CHAPTER 7--TRANSITIONAL PROVISIONS
Part 1--Transitional provisions for repealed sections of the Commission for Children and Young People and Child Guardian Act 2000

149. Definitions
150. References to repealed sections
151. Repealed s 90 (Requirement to visit visitable site or communicate if asked)
152. Repealed s 91 (Requirement to visit visitable home or communicate if asked)
153. Repealed s 92 (Report after each visit)
154. Repealed s 93 (Functions)
155. Repealed s 97 (Issue of warrant)
156. Repealed s 107 (Appointment)
157. Repealed s 111 (Failure to return identity card)
158. Repealed s 370 (Commissioner may apply for review of reviewable decisions)
159. Transitional regulation-making power
Part 2--Transitional provisions for the Guardianship and Administration Act 2000
160. Definition
161. References to adult guardian
162. References to repealed sections
163. Public guardian is successor in law of adult guardian
164. Repealed s 173 (Adult guardian)
165. Repealed s 177 (Delegation)
166. Repealed s 178 (Consultation and employment of professionals)
167. Repealed s 179 (Advice and supervision)
168. Repealed s 180 (Investigate complaints)
169. Repealed s 181 (Delegate for investigation)
170. Repealed s 182 (Records and audit)
171. Repealed s 183 (Right to information)
172. Repealed s 184 (Information by statutory declaration)
173. Repealed s 185 (Witnesses)
174. Repealed s 186 (Power of court if noncompliance with attendance notice)
175. Repealed s 189 (Cost of investigations and audits)
176. Repealed s 193 (Report after investigation or audit)
177. Repealed s 194 (Proceedings for protection of property)
178. Repealed s 195 (Suspension of attorney's power)
179. Repealed s 197 (Power to apply for entry and removal warrant)
180. Repealed s 206 (Annual report)
181. Repealed s 224 (Functions)
182. Repealed s 226 (Requirement to visit if asked)
183. Repealed s 228 (Chief executive may authorise access outside normal hours)
184. Repealed s 230 (Reports by community visitors)
185. Repealed s 230A (Investigations about suitability of applicant to be community visitor)
186. Repealed s 231 (Appointment)
187. Repealed s 232 (Duration of appointment)
188. Repealed s 236 (Failure to return identity card)
189. Repealed s 237 (Annual report by chief executive)

CHAPTER 8--AMENDMENT OF ACTS
Part 1--Amendment of this Act

190. Act amended
191. Amendment of long title
Part 2--Amendment of Child Protection Act 1999
192. Act amended
193. Insertion of new s 40A
194. Amendment of s 51L (Who should be involved)
195. Amendment of s 51W (Who may participate)
196. Insertion of new s 55A
197. Amendment of s 70 (Attendance of parties)
198. Amendment of s 74 (Charter of rights for a child in care)
199. Amendment of s 99B (Definitions for ch 2A)
200. Replacement of s 99F (Review applications by children's commissioner)
201. Amendment of s 99J (Proceedings relating to this Act must usually be held in private)
202. Amendment of s 99P (Review applications on behalf of children)
203. Insertion of new ss 108B–108D
204. Amendment of s 113 (Court may hear submissions from non-parties to proceeding)
205. Insertion of new s 189AA
206. Amendment of sch 3 (Dictionary)
Part 3--Amendment of Commission for Children and Young People and Child Guardian Act 2000
207. Act amended
208. Omission of ch 5 (Community visitors)
209. Omission of ch 10, pt 1
210. Omission of ss 391 and 392
211. Amendment of sch 7 (Dictionary)
Part 4--Amendment of Corrective Services Act 2006
212. Act amended
213. Amendment of sch 4 (Dictionary)
Part 5--Amendment of Disability Services Act 2006
214. Act amended
215. Amendment of s 123E (Definitions for pt 10A)
216. Amendment of s 123I (Requirement to keep and implement a policy)
217. Amendment of s 123O (Containing or secluding an adult under short term approval)
218. Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion)
219. Amendment of s 123ZZF (Notification requirements about approvals given for use of restrictive practices)
220. Amendment of s 168 (Chief executive may advise people with a disability and others of action taken in relation to funded non-government service providers)
221. Amendment of sch 7 (Dictionary)
Part 6--Amendment of Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014
222. Act amended
223. Amendment of s 16 (Amendment of s 123O (Containing or secluding an adult under short term approval))
224. Amendment of s 17 (Insertion of new s 123OA)
225. Amendment of s 22 (Insertion of new s 123ZCA)
226. Amendment of s 36 (Insertion of new pt 10A, div 8, sdiv 4)
227. Amendment of s 46 (Amendment of s 80ZH (When adult guardian may give short-term approval for use of containment or seclusion))
228. Amendment of s 47 (Replacement of ss 80ZI and 80ZJ)
229. Amendment of s 48 (Amendment of s 80ZK (When adult guardian may give short-term approval for use of other restrictive practices))
230. Amendment of s 49 (Amendment of s 80ZM (Requirement for adult guardian to give notice of decision))
Part 7--Amendment of Domestic and Family Violence Protection Act 2012
231. Act amended
232. Amendment of s 163 (Notification of adult guardian)
233. Amendment of schedule (Dictionary)
Part 8--Amendment of Forensic Disability Act 2011
234. Act amended
235. Amendment of s 26 (Who is allied person if client does not have capacity to choose)
Part 9--Amendment of Guardianship and Administration Act 2000
236. Act amended
237. Amendment of long title
238. Amendment of s 7 (Way purpose achieved)
239. Insertion of new s 7A
240. Amendment of various sections
241. Amendment of s 80ZJ (Adult guardian's decision about whether to approve short term plan)
242. Omission of ch 8 (Adult guardian)
243. Omission of ch 10 (Community visitors)
244. Amendment of s 246 (Definitions for pt 4)
245. Amendment of s 247 (Whistleblowers' protection)
246. Amendment of s 248 (Protection from liability if honest and not negligent)
247. Amendment of s 248A (Protection for person carrying out forensic examination with consent)
248. Amendment of s 248B (Protection from liability for giving information)
249. Amendment of s 249 (Protected use of confidential information)
250. Omission of s 250 (Disclosure of information about investigations)
251. Amendment of sch 4 (Dictionary)
Part 10--Amendment of Health Ombudsman Act 2013
252. Act amended
253. Amendment of s 30 (Cooperation with other entities)
254. Amendment of sch 1 (Amendment of particular Acts)
Part 11--Amendment of Integrity Act 2009
255. Act amended
256. Amendment of sch 1 (Statutory office holders for section 72C)
Part 12--Amendment of Mental Health Act 2000
257. Act amended
258. Amendment of s 342 (Who is allied person if patient does not have capacity to choose allied person)
259. Amendment of s 349 (Interfering with postal articles for patients in high security units)
260. Amendment of schedule (Dictionary)
Part 13--Amendment of Ombudsman Act 2001
261. Act amended
262. Amendment of sch 3 (Dictionary)
Part 14--Amendment of Powers of Attorney Act 1998
263. Act amended
264. Amendment of s 6A (Relationship with Guardianship and Administration Act 2000)
265. Insertion of new s 6B
266. Amendment of s 29 (Meaning of eligible attorney)
267. Amendment of s 63 (Who is the statutory health attorney)
268. Amendment of s 74 (Protected use of confidential information)
269. Amendment of s 85 (Keep records)
270. Amendment of s 110 (Application and participation)
271. Amendment of s 121 (Report by adult guardian or public trustee)
272. Amendment of sch 3 (Dictionary)
Part 15--Amendment of Public Service Act 2008
273. Act amended
274. Amendment of sch 1 (Public service offices and their heads)
Part 16--Amendment of Public Trustee Act 1978
275. Act amended
276. Amendment of s 63A (Adult guardian resources)
Part 17--Amendment of Queensland Civil and Administrative Tribunal Act 2009
277. Act amended
278. Amendment of s 46 (Withdrawal of application or referral)
Part 18--Amendment of Residential Services (Accreditation) Act 2002
279. Act amended
280. Amendment of s 177 (Matters arising under other Acts)
Part 19--Amendment of Right to Information Act 2009
281. Act amended
282. Amendment of sch 2 (Entities to which this Act does not apply)
Part 20--Amendment of Youth Justice Act 1992
283. Act amended
284. Amendment of s 272 (Ordinary visitor)
285. Amendment of s 277 (Complaints generally)
286. Amendment of s 282J (Complaints generally)
287. Amendment of s 307 (Evidence)
288. Amendment of sch 4 (Dictionary)
SCHEDULE 1 -- DICTIONARY

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