Tasmanian Bills Clause Notes

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GUARDIANSHIP AND ADMINISTRATION AMENDMENT BILL 2015 BILL 30 OF 2015

                              CLAUSE NOTES

            Guardianship and Administration Amendment Bill 2015

Clause 1:           Short title
                    The Clause provides that the Act may be cited as the
                    Guardianship and Administration Amendment Act 2015.

Clause 2:           Commencement
                    The Act will commence on the day on which it receives the
                    Royal Assent.

Clause 3:           Principal Act
                    A reference in this Act to the Principal Act is a reference to the
                    Guardianship and Administration Act 1995.

Clause 4:           Section 3 amended (Interpretation)
                    Definitions of the terms “intimate forensic procedure” and “non-
                    intimate forensic procedure” are inserted into the Principal Act.
                    These definitions duplicate those in the Forensic Procedures Act
                    2000. The definition of “medical or dental treatment” in the
                    Principal Act is also amended so that the term “medical or
                    dental treatment” now includes an “intimate forensic procedure”
                    or a “non-intimate forensic procedure”.

Clause 5:           Section 4 amended (Meaning of “person responsible”)
                    Amends section 4, subsection (1) of the Principal Act so that, in
                    the case of an intimate forensic procedure or a non-intimate
                    forensic procedure the Public Guardian can be deemed to be
                    the person responsible for the incapacitated person.

                    New subsection (1A) is inserted to provide a framework for
                    how and when the Public Guardian is to become the person
                    responsible for the incapacitated person. A police officer or
                    registered practitioner may request the Public Guardian to
                    become the person responsible for an incapacitated person if
                    the police officer or registered medical practitioner reasonably
                    believes that the carrying out of the procedure on the person
                    would be in the person’s best interests having regard to certain
                    matters. These matters are outlined at new subsection (1B).

                    New subsection (1B) provides that the matters to be taken into
                    account are that a person responsible, who is not the public
                    guardian, has refused to provide consent to the carrying out of
                    the procedure or is unavailable, inaccessible or consent cannot
                    be sought within a reasonable time; or that there is no person
                    responsible who is not the Public Guardian; or that it is not in
                    the best interests of the person for the consent of a person
                    responsible who is not the Public Guardian to be sought.


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Clause 6: Section 43 amended (Consent by persons responsible) Inserts additional criteria for a person responsible to consider when consenting to a forensic procedure. Clause 7: Section 45 amended (Consent of Board) The Guardianship and Administration Board may provide consent to the carrying out of an intimate forensic procedure or a non-intimate forensic procedure if the Board is satisfied that it is in the best interests of an incapacitated person. The Board must take into account that a police officer or registered medical practitioner: suspects that that person is the victim of a crime; and reasonably believes that the person responsible for that person may have committed the crime of which that person is suspected of being a victim; or that that person’s interests would not be protected if the consent of a person responsible is sought. Clause 8: Repeal of Act Is a standard clause in all amending legislation which automatically repeals the amending legislation after the amendments commence. The provisions that the amending legislation inserts into the Principle Act still remain in force after the repeal of the Amending Act. Page 2 of 2

 


 

 


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