Western Australian Current Acts

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           Long Title

   PART 1 -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Terms used
   3AA.    Term used: medical research
   3A.     Inherent jurisdiction of Supreme Court not affected
   3B.     Act does not authorise decisions about voluntary assisted dying

   PART 2 -- Principles to be observed by State Administrative Tribunal  

   4.      Principles stated

   PART 3 -- The State Administrative Tribunal

           Division 1 -- Functions and proceedings  

   13.     Jurisdiction of State Administrative Tribunal
   16.     Costs
   17.     Further provisions as to proceedings

           Division 2A -- Review of determination where State Administrative Tribunal comprises one member  

   17A.    Review
   17B.    Executive officer to give notice of review

           Division 3 -- Appeals  

   18.     Term used: Court
   19.     Right of appeal by leave
   20.     Application for leave
   21.     Grounds
   22.     Grant or refusal of leave
   23.     Ancillary orders and directions
   24.     Reference of application to Court
   25.     Application and appeal may be heard together
   26.     Notice to other parties
   27.     Amendment of grounds of appeal
   28.     Status of State Administrative Tribunal’s determination pending disposal of appeal
   29.     Nature of appeal, and evidence
   30.     Powers of Court
   31.     Want of form
   32.     Notification of result of appeal to executive officer
   33.     Discontinuance of appeal
   34.     Dismissal for want of prosecution
   35.     Application for reinstatement of appeal
   36.     Time may be extended or shortened
   37.     Enforcement of order for costs

   PART 4 -- Applications for guardianship and administration orders  

   40.     Application
   41.     Notice of hearing

   PART 5 -- Guardianship

           Division 1 -- Appointment of guardian  

   43.     Making of guardianship order
   44.     Who may be appointed guardian
   44A.    Interstate arrangements for guardianship orders

           Division 2 -- Functions of guardians  

   45.     Authority of plenary guardian
   46.     Authority of limited guardian
   47.     Guardian may apply for directions
   48.     Guardian may execute documents etc.
   49.     Guardian may obtain warrant to enter
   50.     Effect of actions etc. of guardian
   51.     Guardian to act in best interests of represented person
   53.     Guardians to act unanimously
   54.     Death of joint guardian
   55.     Alternate guardian to take over on death of guardian
   55A.    Priority of guardianship order

           Division 3 -- Limitations on sterilisation of persons under guardianship or where application for guardianship made  

   56.     Terms used
   56A.    Only Full Tribunal to act under this Division
   57.     Prerequisites for sterilisation of persons to whom this Division applies
   58.     Restriction on guardian’s consent
   59.     Application for consent
   60.     Notice of hearing
   63.     State Administrative Tribunal may consent if in best interests of represented person

   PART 6 -- Estate administration

           Division 1 -- Appointment of administrator  

   64.     Making of administration order
   65.     Emergency provision
   66.     Acts may be authorised without administration order
   67.     Non-residents etc.
   68.     Who may be appointed administrator

           Division 2 -- Functions of administrators  

   69.     Authority of administrator
   70.     Administrator to act in best interests of represented person
   71.     Authority which may be conferred on administrator
   71A.    Amendment of order to confer particular function
   72.     Further provisions as to authority of administrators
   74.     Administrator may apply for directions
   75.     Administrators to act unanimously
   76.     Administrator may employ agents
   77.     Represented person incapable of dealing with estate
   78.     Cessation of authority of administrator
   79.     Represented person bound by acts of administrator
   80.     Accounts
   81.     Enforcement of security
   82.     Transactions may be set aside
   83.     Saving for certain rules of court

           Division 3 -- Interjurisdictional arrangements in relation to administration powers  

   83A.    Reciprocating States
   83B.    Foreign administrator may authorise Public Trustee to administer property in this State
   83C.    Administrator may authorise relevant official to administer property in reciprocating State
   83D.    Interstate arrangements for recognition of administration orders

   PART 7 -- Review of orders  

   84.     State Administrative Tribunal to review orders periodically
   85.     Circumstances in which review mandatory
   86.     Review on application
   87.     Leave to apply for review
   88.     Application for review
   89.     Notice of review
   90.     Powers of State Administrative Tribunal on review

   PART 8 -- The Public Advocate  

   91.     Public Advocate
   92.     Resignation, removal etc.
   93.     Acting Public Advocate
   94.     Staff
   95.     Powers of delegation
   96.     Existing rights etc.
   97.     Functions of Public Advocate
   98.     Notification to Public Advocate as to mentally impaired accused
   99.     Public Advocate to act on death of guardian or administrator
   100.    Judicial notice
   101.    Annual report of Public Advocate
   101A.   Public Advocate may raise matters with Minister

   PART 9 -- Enduring powers of attorney  

   102.    Terms used
   103.    Other Acts
   104.    Execution of enduring power of attorney
   104A.   Recognition of powers of attorney created in other jurisdictions
   104B.   Substitute donees
   104C.   Eligibility for appointment as donee or substitute donee
   105.    Enduring power of attorney survives incapacity
   106.    Donee may apply for declaration of legal incapacity
   107.    Obligations of donee
   108.    Appointment of administrator
   109.    On application State Administrative Tribunal may intervene
   110.    Notice of application

   PART 9A -- Enduring powers of guardianship

           Division 1 -- Preliminary matters  

   110A.   Term used: appointor

           Division 2 -- Making of enduring power of guardianship  

   110B.   Appointing enduring guardian
   110C.   Substitute enduring guardians
   110D.   Who is eligible to be appointed
   110E.   Formal requirements

           Division 3 -- Operation of enduring power of guardianship  

   110F.   When enduring guardian may act
   110G.   Functions generally
   110H.   Certain provisions apply in relation to enduring guardian and appointor
   110I.   Priority of enduring power of guardianship

           Division 4 -- Jurisdiction of State Administrative Tribunal  

   110J.   Who may apply
   110K.   Declaration about validity of enduring power of guardianship
   110L.   Declaration of incapacity of appointor
   110M.   Directions as to construction of terms etc.
   110N.   Revocation or variation of enduring power of guardianship
   110O.   Recognition of instrument created in another jurisdiction

   PART 9B -- Advance health directives

           Division 1 -- Making of advance health directive  

   110P.   Making advance health directive
   110Q.   Formal requirements
   110QA.  Maker may indicate in directive whether advice obtained
   110R.   Requirements in relation to treatment decision in advance health directive

           Division 2 -- Operation of advance health directive  

   110S.   Operation generally
   110T.   Effect of subsequent enduring power of guardianship
   110U.   Priority of treatment decision in advance health directive

           Division 3 -- Jurisdiction of State Administrative Tribunal  

   110V.   Who may apply
   110W.   Declaration about validity of directive or treatment decision
   110X.   Declaration of incapacity of maker
   110Y.   Directions as to construction of terms etc.
   110Z.   Declaration that treatment decision has been revoked
   110ZA.  Recognition of instrument created in another jurisdiction

           Division 4 -- Miscellaneous matters  

   110ZB.  Common law preserved

   PART 9C -- Persons responsible for patients

           Division 1 -- Preliminary matters  

   110ZC.  Term used: patient

           Division 2 -- Treatment decisions by persons responsible for patients  

   110ZD.  Circumstances in which person responsible may make treatment decision
   110ZE.  Priority of treatment decision of person responsible

           Division 3 -- Jurisdiction of State Administrative Tribunal  

   110ZF.  Who may apply
   110ZG.  Declaration that person responsible may make treatment decision

   PART 9D -- Treatment decisions in relation to patients under legal incapacity

           Division 1 -- Preliminary matters  

   110ZH.  Terms used

           Division 2 -- Provision of treatment  

   110ZI.  Urgent treatment generally
   110ZIA. Urgent treatment after attempted suicide
   110ZJ.  Order of priority of persons who may make treatment decision in relation to patient
   110ZK.  Reliance by health professional on treatment decision
   110ZL.  Validity of certain treatment decisions

           Division 3 -- Jurisdiction of State Administrative Tribunal  

   110ZM.  Who may apply
   110ZN.  Declaration as to who may make treatment decision

   PART 9E -- Medical research

           Division 1 -- Preliminary  

   110ZO.  Terms used
   110ZP.  Term used: research decision-maker
   110ZQ.  Substitute decision-maker for a research candidate

           Division 2 -- Decisions about medical research  

   110ZR.  Medical research with consent of research decision-maker
   110ZS.  Urgent medical research without consent
   110ZT.  Particular medical research not permitted

           Division 3 -- Provisions about research decisions and urgent medical research decisions  

   110ZU.  Assessment by independent medical practitioner of research candidate’s best interests
   110ZV.  Assessment by independent medical practitioner of likelihood of research candidate regaining ability to consent
   110ZW.  Assessment by independent medical practitioner of risks

           Division 4 -- Effect of research decisions and urgent medical research decisions  

   110ZX.  Reliance by researcher on research decision or urgent medical research decision
   110ZY.  Validity of certain research decisions or urgent medical research decisions

           Division 5 -- Jurisdiction of State Administrative Tribunal  

   110ZZ.  Applying for review of decision made under this PART
   110ZZA. Procedure on review
   110ZZB. Effect of State Administrative Tribunal’s decision under this Division

           Division 6 -- Reporting  

   110ZZC. Researcher to report medical research conducted under this Part to Health Minister
   110ZZD. Health Minister to report to Parliament on medical research carried out under this Part

           Division 7 -- Reviews  

   110ZZE. Review of this PART

   PART 10 -- Miscellaneous provisions  

   111.    Declaration as to capacity to vote
   111A.   Applications under Wills Act 1970 s.
   112.     Inspection of records
   113.    Confidentiality
   114.    Immunity
   115.    Service of notices
   117.    Remuneration
   118.    Expenses
   119.    Order of priority of enduring guardian and guardian for matters other than treatment decisions
   119A.   No fee for application to State Administrative Tribunal
   120.    Regulations
   124.     Transitional provisions
           SCHEDULE 1 -- Provisions as to proceedings of State Administrative Tribunal  
           SCHEDULE 2 -- Functions for administration of estates
           SCHEDULE 3 -- Forms for enduring power of attorney
           SCHEDULE 5 -- Transitional provisions

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