Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 44 of 1995
- Royal Assent 22 September 1995
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Meaning of "person responsible"
5. Objects of Act
6. Principles to be observed
PART 2 -
. . . . . . . .
7. Section 7
7A. Section 7A
8. Section 8
8A. Section 8A
9. Section 9
10. Section 10
11. Section 11
12. Section 12
13. Section 13
PART 3 - The Public Guardian
14. Public Guardian and Deputy Public Guardian
15. Functions and powers of Public Guardian
16. Staff of Public Guardian
17. Investigations
18. Delegation
PART 4 - Guardianship Orders Division 1 - Application for
guardianship order
19. Application for guardianship order
Division 2 - Appointment of guardian
20. Guardianship order
21. Persons eligible as guardians
22. Alternative guardians
23. Orders to be forwarded to Public Guardian
24. Expiration of guardianship orders
Division 3 - Powers and duties of guardian
25. Authority of full guardian
26. Authority of limited guardian
27. Exercise of authority by guardian
28. Power to enforce guardianship order
29. Urgent powers in case of unlawful detention of persons with a
disability
30. Removal of persons to place of safety
31. Application by guardian to Board for advice or direction
PART 5 - Appointment of enduring guardian
32. Appointment of enduring guardian
32A. Alternative enduring guardian
32B. Right of enduring guardian to information
32C. Transactions that may involve conflict of duty
32D. Keeping of records, &c.
33. Revocation of appointment by appointor
34. Revocation or amendment of appointment by Tribunal
35. Advice or directions as to instruments of appointment
PART 5A - Advance care directives Division 1 - Objects and
principles
35A. Objects of Part
35B. Principles to be taken into account
Division 2 - Preliminary
35C. Interpretation of Part
35D. Decision making ability
35E. Meaning of health care
35F. Meaning of medical research procedure
Division 3 - Advance care directives
35G. Giving an advance care directive
35H. Formal requirements for advance care directives
35I. Witnessing of advance care directive
35J. Formal requirements for advance care directive in language other than
English
35K. Advance care directives that do not meet requirements
35L. Provisions that are void or of no effect in advance care directives
Division 4 - Operation of advance care directives
35M. Binding and non-binding provisions
35N. When advance care directives are in force
35O. Requirement to make reasonable inquiries as to advance care directive
35P. No variation of advance care directive
Division 5 - Consent to health care when advance care directive in
effect
35Q. Consent given or refused in advance care directive
35R. Consent given or refused by authorised decision maker for person who
has given an advance care directive
35S. Authorised decision maker to make decisions to give effect to
advance care directive
35T. Health practitioners to give effect to advance care directives
35U. Circumstances where health practitioners may not comply with advance
care directive
35V. Urgent health care
35W. Conscientious objection
Division 6 - Registration of advance care directives
35X. Registration of advance care directives
Division 7 - Revocation of advance care directives
35Y. Revoking advance care directive where person has decision making
ability
35Z. Revoking or varying an advance care directive where person has
impaired decision making ability
Division 8 - Validity and limitation of liability
35ZA. Presumption of validity
35ZB. Protection from liability
35ZC. Preservation of liability
35ZD. Validity of acts and decisions under revoked or varied advance care
directive
35ZE. Advance care directive to take precedence
Division 9 - Dispute resolution, review and appeals
35ZF. Interpretation of Division
35ZG. Application of Division
35ZH. Functions and powers of Public Guardian and Tribunal
35ZI. Resolution of matters by Public Guardian
35ZJ. Public Guardian may refer matter to Tribunal
35ZK. Resolution of matters by Tribunal
Division 10 - Miscellaneous
35ZL. Common law advance care directives not affected
35ZM. Other legal rights not affected
35ZN. Advance care directives from other jurisdictions
35ZO. Advance care directive does not authorise appointment of power of
attorney or enduring guardian
35ZP. Review of Part
PART 6 - Consent to Medical and Dental Treatment Division 1 -
Preliminary
36. Application of Part 6
37. Part 6 to prevail over Criminal Code
Division 2 - Medical and dental treatment
38. Unlawful medical or dental treatment
39. Persons authorized to consent to medical or dental treatment
40. Urgent medical or dental treatment
41. Medical or dental treatment without consent
42. Unlawful consent to medical or dental treatment
43. Consent by persons responsible
44. Applications for consent of Tribunal
45. Consent of Tribunal
46. Consent to continuing or further special treatment by guardian with
authority of Tribunal
Division 2A - Power to make guardianship order or administration
order
46A. Power to make guardianship order or administration order
Division 3 - General
47. Effect of consent
48. Preservation of liability
48A. Saving for rights under other laws
PART 7 - Administration Orders Division 1 - Objects of Part 7
49. Objects of Part 7
Division 2 - Administration orders
50. Application for administration order
51. Administration orders
52. Expiration of administration orders
53. Administration order may not be made if enduring power of attorney
is in force
54. Persons eligible as administrators
55. Remuneration of professional administrators
Division 4 - Powers and duties of administrator
56. Powers and duties of administrator
57. Exercise of power by administrator
58. Settlements and gifts
59. Powers of investment
60. Preservation of interests in represented person's property
61. Application by administrator for advice, &c.
62. Power of administrator to act until notice of discharge
63. Reporting requirements for administrators
64. Delegation of Tribunal's functions as to reporting
PART 8 - Emergency Orders
65. Emergency orders
PART 9 - Annual Reports and Review of Orders
66. Annual reports in respect of represented persons
67. Review of orders
68. Order after review
PART 10 - Miscellaneous and Supplemental Division 1 -
. . . . . . . .
69. Section 69
69A. Section 69A
70. Section 70
71. Section 71
72. Section 72
73. Section 73
73A. Section 73A
74. Section 74
74A. Section 74A
Division 2 -
. . . . . . . .
75. Section 75
76. Section 76
Division 3 - Powers of courts
77. Powers of courts
Division 4 - Legal provisions
78. Protection from liability
79. Evidentiary
80. Section 80
81. Recognition of orders made in other States, &c.
81A. Instruments made under corresponding laws
Division 5 - Accounts and reports
82. Accounts and records of Public Guardian
83. Section 83
84. Annual report of Public Guardian
85. Protection relating to reports and information of Public Guardian
Division 6 - Offences and supplemental
86. Confidentiality of information
87. Section 87
88. Power to open wills
89. Duty to keep register
90. Regulations
90A. Savings and transitional provisions
90B. Transitional provisions consequent on Guardianship and Administration
Amendment Act 2013
90C. Validation
91. Administration of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
[ Note: This table has been automatically generated and may be incomplete. ]