Dictionary
Schedule 4 Dictionary
section 3 abuse, for power, includes contravene this Act in relation to the power.active party—
for chapter 5A, see section 80K; or
for chapter 5B, see section 80U; or
otherwise, see section 119.
sch 4 def active party sub 2003 No. 87 s 45 (1)–
amd 2008 No. 23 s 31 (2)–(3)administrator means an administrator appointed under this Act.adult, for chapter 7 provisions applied under section 80E, means a child with an impairment.sch 4 def adult ins 2008 No. 54 s 22 (2)adult evidence order see section 106.sch 4 def adult evidence order ins 2008 No. 54 s 22
sub 2009 No. 24 s 1471adult guardian...sch 4 def adult guardian om 2014 No. 26 s 251 (1)adult guardian’s delegate for an investigation...sch 4 def adult guardian’s delegate for an investigation ins 2012 No. 37 s 51 schom 2014 No. 26 s 251 (1)adult with an intellectual or cognitive disability, for chapter 5B, see section 80U.sch 4 def adult with an intellectual or cognitive disability ins 2008 No. 23 s 31 (1)advance health directive means an advance health directive under the Powers of Attorney Act 1998.alternative forms of health care, for chapter 5A, see section 80A.sch 4 def alternative forms of health care ins 2003 No. 87 s 45 (2)approved clinical research see section 74B.sch 4 def approved clinical research amd 2019 No. 9 s 47 (3)approved form means a form approved under section 251.sch 4 def approved form amd 2000 No. 46 s 3 schassessment, for chapter 5B, see section 80U.sch 4 def assessment ins 2008 No. 23 s 31 (1)Australian lawyer has the meaning given by the Legal Profession Act 2007.sch 4 def Australian lawyer ins 2009 No. 24 s 1471 (2)authorised investment means—
an investment which, if the investment were of trust funds by a trustee, would be an investment in accordance with the Trusts Act 2025; or
an investment approved by the tribunal.
sch 4 def authorised investment amd 2025 No. 8 s 345 sch 2authorised psychiatrist, for chapter 5B, see section 80U.sch 4 def authorised psychiatrist ins 2008 No. 23 s 31 (1)authorised real estate transaction...sch 4 def authorised real estate transaction om 2003 No. 87 s 45 (1)authorised security transaction...sch 4 def authorised security transaction om 2003 No. 87 s 45 (1)capacity, for a person for a matter, means the person is capable of—
understanding the nature and effect of decisions about the matter; and
freely and voluntarily making decisions about the matter; and
communicating the decisions in some way.
Note—Under 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.sch 4 def capacity amd 2019 No. 9 s 47 (4)chapter 5A application, for chapter 5A, see section 80A.sch 4 def chapter 5A application ins 2003 No. 87 s 45 (2)chemical restraint, for chapter 5B, see section 80U.sch 4 def chemical restraint ins 2008 No. 23 s 31 (1)chemical restraint (fixed dose), for chapter 5B, see section 80U.sch 4 def chemical restraint (fixed dose) ins 2008 No. 23 s 31 (1)chief executive (disability services) means the chief executive of the department in which the Disability Services Act 2006 is administered.sch 4 def chief executive (disability services) ins 2008 No. 23 s 31 (1)chief psychiatrist see the Mental Health Act 2016, schedule 3.sch 4 def chief psychiatrist ins 2016 No. 5 s 923 sch 4child representative, for chapter 5A, see section 80L.sch 4 def child representative ins 2003 No. 87 s 45 (2)clinical research see section 74A.sch 4 def clinical research amd 2019 No. 9 s 47 (5)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.closure order see section 107.sch 4 def closure order ins 2008 No. 54 s 22
sub 2009 No. 24 s 1471community access services, for chapter 5B, see section 80U.sch 4 def community access services ins 2008 No. 23 s 31 (1)community visitor...sch 4 def community visitor om 2019 No. 9 s 47 (1)complaint, for chapter 10, see section 222.confidential information—
for chapter 9, part 1, see section 207A; or
for chapter 11, part 4, see section 246.
sch 4 def confidential information ins 2012 No. 37 s 10confidentiality order see section 109.sch 4 def confidentiality order ins 2003 No. 87 s 45
sub 2008 No. 54 s 22 (1)–(2); 2009 No. 24 s 1471conflict transaction see section 37(2).consultant, for chapter 11, part 4, see section 246.sch 4 def consultant ins 2012 No. 37 s 51 schconsumer, for chapter 10, see section 222.contain, for chapter 5B, see section 80U.sch 4 def contain ins 2008 No. 23 s 31 (1)containment or seclusion approval, for chapter 5B, see section 80U.sch 4 def containment or seclusion approval ins 2008 No. 23 s 31 (1)court means the Supreme Court.criminal history, of a person, means—
the person’s criminal record within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986; and
despite the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6, any conviction of the person to which that section applies; and
charges made against the person for an offence committed in Queensland or elsewhere and results of those charges; and
a finding of guilt against the person, or the acceptance of a plea of guilty by the person, by a court.
dependant, of an adult, means a person who is completely or mainly dependent on the adult.deputy president means a deputy president of the tribunal.director of forensic disability see section 80U.sch 4 def director of forensic disability ins 2011 No. 13 s 206director of mental health...sch 4 def director of mental health ins 2008 No. 23 s 31
om 2016 No. 5 s 923 sch 4disability services, for chapter 5B, see section 80U.sch 4 def disability services ins 2008 No. 23 s 31 (1)dispute resolution...sch 4 def dispute resolution ins 2003 No. 87 s 45
om 2009 No. 24 s 1471 (1)document, for chapter 7, part 1, see section 99.sch 4 def document ins 2008 No. 54 s 22
sub 2009 No. 24 s 1471DSA...sch 4 def DSA ins 2008 No. 23 s 31
om 2020 No. 39 s 70 sch 1electroconvulsive therapy see schedule 2, section 14.enduring document means an enduring power of attorney or an advance health directive.enduring power of attorney means an enduring power of attorney under the Powers of Attorney Act 1998.ethics committee means—
a Human Research Ethics Committee registered by the Australian Health Ethics Committee established under the National Health and Medical Research Council Act 1992 (Cwlth); or
if there is no committee mentioned in paragraph (a)—
an ethics committee established by a public sector hospital within the meaning of the Hospital and Health Boards Act 2011; or
an ethics committee established by a university and concerned, wholly or partly, with medical research; or
an ethics committee established by the National Health and Medical Research Council.
sch 4 def ethics committee amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47)financial management plan means—
for an administrator—a document stating how the administrator plans to manage the administration; and
for an attorney who may exercise power for a financial matter—a document stating how the attorney plans to manage exercising the power.
sch 4 def financial management plan amd 2008 No. 54 s 22 (3)financial matter see schedule 2, section 1.forensic disability client see section 80U.sch 4 def forensic disability client ins 2011 No. 13 s 206forensic disability service see section 80U.sch 4 def forensic disability service ins 2011 No. 13 s 206forensic examination of an adult means a medical or dental procedure for the adult that is carried out for forensic purposes, other than because the adult is suspected of having committed a criminal offence.
Note—For procedures in relation to an adult suspected of having committed an indictable offence, see the Police Powers and Responsibilities Act 2000, chapter 17 (Forensic procedures), part 3 (Forensic procedure orders).sch 4 def forensic examination ins 2003 No. 87 s 45
sub 2008 No. 54 s 22 (1)–(2)general principles see section 11B.sch 4 def general principles amd 2019 No. 9 s 47 (6)good medical practice see schedule 2, section 5B.sch 4 def good medical practice ins 2001 No. 95 s 21 (2)guardian means a guardian appointed under this Act.guardianship proceeding—
means—
a proceeding under this Act before the tribunal; or
a hearing, conference or interlocutory matter before the tribunal taken in connection with or incidental to a proceeding before the tribunal; or
a proceeding in which the court is exercising concurrent jurisdiction with the tribunal; but
does not include a proceeding in which the court is exercising the powers of the tribunal under section 245.
sch 4 def guardianship proceeding ins 2008 No. 54 s 22
sub 2009 No. 24 s 1471harm, for chapter 5B, see section 80U.sch 4 def harm ins 2008 No. 23 s 31 (1)health care—
for chapter 5A, see section 80A; or
otherwise, see schedule 2, section 5.
sch 4 def health care sub 2003 No. 87 s 45 (1)–(2)health care primarily to treat organic malfunction or disease see schedule 2, section 11.health care principle...sch 4 def health care principle om 2019 No. 9 s 47 (1)health care principles see section 11C.sch 4 def health care principles ins 2019 No. 9 s 47 (2)health information, for chapter 7, part 1, see section 99.sch 4 def health information ins 2008 No. 54 s 22
sub 2009 No. 24 s 1471health matter see schedule 2, section 4.health provider means a person who provides health care, or special health care, in the practice of a profession or the ordinary course of business.
Example—dentistimpaired capacity, for a person for a matter, means the person does not have capacity for the matter.impairment, for chapter 5A, see section 80A.sch 4 def impairment ins 2003 No. 87 s 45 (2)informal decision-maker, for chapter 5B, see section 80U.sch 4 def informal decision-maker ins 2008 No. 23 s 31 (1)information, for chapter 9, part 1, see section 207A.sch 4 def information ins 2012 No. 37 s 10insolvent 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.sch 4 def insolvent amd 2001 No. 45 s 29 sch 3interested person, for another person, means a person who has a sufficient and genuine concern for the rights and interests of the other person.sch 4 def interested person sub 2019 No. 9 s 47 (1)–(2)least restrictive, for chapter 5B, see section 80U.sch 4 def least restrictive ins 2008 No. 23 s 31 (1)legal matter see schedule 2, section 18.legal member means a legally qualified member of the tribunal under the QCAT Act.sch 4 def legal member sub 2009 No. 24 s 1471life-sustaining measure see schedule 2, section 5A.sch 4 def life-sustaining measure ins 2001 No. 95 s 21 (2)limitation order see section 100.sch 4 def limitation order ins 2008 No. 54 s 22
sub 2009 No. 24 s 1471matter includes a type of matter.mechanical restraint...sch 4 def mechanical restraint ins 2008 No. 23 s 31
om 2012 No. 37 s 51 schmember, of the tribunal, means a member of the tribunal under the QCAT Act.sch 4 def member ins 2009 No. 24 s 1471 (2)non-ablative neurosurgical procedure see schedule 2, section 15A.sch 4 def non-ablative neurosurgical procedure ins 2016 No. 5 s 923 sch 4non-publication order see section 108.sch 4 def non-publication order ins 2008 No. 54 s 22
sub 2009 No. 24 s 1471normal hours, for chapter 10, see section 222.object, by an adult, to health care means—
the adult indicates the adult does not wish to have the health care; or
the adult previously indicated, in similar circumstances, the adult did not then wish to have the health care and since then the adult has not indicated otherwise.
Example—An indication may be given in an enduring power of attorney or advance health directive or in another way, including, for example, orally or by conduct.ordinary member, of the tribunal, means an ordinary member of the tribunal under the QCAT Act.sch 4 def ordinary member ins 2009 No. 24 s 1471 (2)paid carer, for an adult, means someone who—
performs services for the adult’s care; and
receives remuneration from any source for the services, other than—
a carer payment or other benefit received from the Commonwealth or a State for providing home care for the adult; or
remuneration attributable to the principle that damages may be awarded by a court for voluntary services performed for the adult’s care.
personal experience member...sch 4 def personal experience member om 2009 No. 24 s 1471 (1)personal matter see schedule 2, section 2.physical restraint...sch 4 def physical restraint ins 2008 No. 23 s 31
om 2012 No. 37 s 51 schpositive behaviour support plan, for chapter 5B, see section 80U.sch 4 def positive behaviour support plan ins 2008 No. 23 s 31 (1)power, for a matter, means power to make all decisions about the matter and otherwise exercise the power.power of attorney means—
a general power of attorney made under the Powers of Attorney Act 1998; or
an enduring power of attorney; or
a power of attorney made otherwise than under the Powers of Attorney Act 1998, whether before or after its commencement.
sch 4 def power of attorney ins 2008 No. 54 s 22 (2)prescribed non-contentious matter...sch 4 def prescribed non-contentious matter om 2009 No. 24 s 1471 (1)prescribed special health care see schedule 2, section 17.president means the president of the tribunal.presidential directions...sch 4 def presidential directions om 2009 No. 24 s 1471 (1)presiding member, for a proceeding, means the member presiding at the proceeding as provided for under the QCAT Act.sch 4 def presiding member sub 2009 No. 24 s 1471primary carer, for a person, means a person who is primarily responsible for providing support or care to the other person.sch 4 def primary carer sub 2003 No. 87 s 45 (1)–(2)private dwelling house, for chapter 10, see section 222.professional member...sch 4 def professional member om 2009 No. 24 s 1471 (1)psychosurgery see schedule 2, section 15.public advocate means the public advocate appointed under section 213.public guardian means the public guardian under the Public Guardian Act 2014.sch 4 def public guardian ins 2014 No. 26 s 251 (2)public guardian’s delegate for an investigation, for chapter 11, part 4, see section 246.sch 4 def public guardian’s delegate for an investigation ins 2014 No. 26 s 251 (2)real estate transaction means a transaction involving the sale or purchase of real property.reasonably considers means considers on grounds that are reasonable in the circumstances.sch 4 def reasonably considers ins 2001 No. 95 s 21 (2)recognised provision, for chapter 7, part 9, see section 166.sch 4 def recognised provision amd 2004 No. 43 s 3 schrecord of proceedings includes—
a written transcript of the proceedings; and
the documents in the court file for the proceedings.
sch 4 def record of proceedings ins 2010 No. 42 s 76registrable order, for chapter 7, part 9, see section 166.sch 4 def registrable order amd 2004 No. 43 s 3 schregistrar...sch 4 def registrar om 2009 No. 24 s 1471 (1)registrar of titles means the registrar of titles under the Land Title Act 1994.sch 4 def registrar of titles ins 2021 No. 12 s 148 sch 3registrar or registrar of the tribunal means the principal registrar of the tribunal under the QCAT Act.sch 4 def registrar or registrar of the tribunal ins 2009 No. 24 s 1471 (2)relevant person, for chapter 11, part 4, see section 246.sch 4 def relevant person ins 2012 No. 37 s 51 schrelevant service provider see the Disability Services Act 2006, section 140(3).sch 4 def relevant service provider ins 2008 No. 23 s 31
sub 2019 No. 19 s 58relevant tribunal person, for chapter 11, part 4, see section 246.sch 4 def relevant tribunal person ins 2012 No. 37 s 51 schremoval of tissue for donation see schedule 2, section 8(1).repealed Act, for chapter 12, part 3, see section 258.repealed chapter, for chapter 12, part 1, see section 253.respite/community access plan, for chapter 5B, see section 80U.sch 4 def respite/community access plan ins 2008 No. 23 s 31 (1)respite services, for chapter 5B, see section 80U.sch 4 def respite services ins 2008 No. 23 s 31 (1)restrictive practice, for chapter 5B, see section 80U.sch 4 def restrictive practice ins 2008 No. 23 s 31 (1)restrictive practice (general) matter, for chapter 5B, see section 80U.sch 4 def restrictive practice (general) matter ins 2008 No. 23 s 31 (1)restrictive practice matter, for chapter 5B, see section 80U.sch 4 def restrictive practice matter ins 2008 No. 23 s 31 (1)restrictive practice (respite) matter, for chapter 5B, see section 80U.sch 4 def restrictive practice (respite) matter ins 2008 No. 23 s 31 (1)seclude, for chapter 5B, see section 80U.sch 4 def seclude ins 2008 No. 23 s 31 (1)security transaction...sch 4 def security transaction om 2003 No. 87 s 45 (1)senior member, of the tribunal, means a senior member of the tribunal under the QCAT Act.sch 4 def senior member ins 2009 No. 24 s 1471 (2)senior practitioner, for chapter 5B, see section 80U.sch 4 def senior practitioner ins 2011 No. 13 s 206short term plan...sch 4 def short term plan ins 2008 No. 23 s 31
om 2014 No. 5 s 50significant health detriment, for chapter 7, part 1, see section 99.sch 4 def significant health detriment ins 2008 No. 54 s 22
sub 2009 No. 24 s 1471special health care see schedule 2, section 7.special health matter see schedule 2, section 6.special life-sustaining measures...sch 4 def special life-sustaining measures om 2001 No. 95 s 21 (1)special medical research or experimental health care see schedule 2, section 12.special personal matter see schedule 2, section 3.statutory health attorney see Powers of Attorney Act 1998, section 63.sterilisation—
for chapter 5A, see section 80B; or
otherwise, see schedule 2, section 9.
sch 4 def sterilisation sub 2003 No. 87 s 45 (1)–(2)support network, for an adult, consists of the following people—
members of the adult’s family;
close friends of the adult;
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).titles registry fee, for a matter mentioned in a provision of this Act, means the fee payable for the matter under the Land Title Act 1994, section 198B.sch 4 def titles registry fee ins 2021 No. 12 s 148 sch 3tribunal means QCAT.sch 4 def tribunal sub 2009 No. 24 s 1471tribunal expert, for chapter 11, part 4, see section 246.sch 4 def tribunal expert ins 2012 No. 37 s 51 schtribunal rules...sch 4 def tribunal rules om 2009 No. 24 s 1471 (1)use, for chapter 11, part 4, see section 246.sch 4 def use ins 2012 No. 37 s 51 schvisitable site, for chapter 10, see section 222.visitable site document, for chapter 10, see section 222.
This Act’s bill:Explanatory memorandum
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