Guardianship and Administration Act 1995

The Public Guardian has the following functions:to foster the provision of services and facilities for persons with impaired decision-making ability in respect of decisions; to support the establishment of organizations which support any such persons; to encourage the development of programmes that support any such persons (including advocacy programmes, educational programmes and programmes to encourage persons to act as guardians and administrators); to promote, speak for and protect the rights and interests of any such persons; to deal, on behalf of any such persons, with persons or bodies providing services; to investigate, report and make recommendations to the Minister on any matter relating to the operation of this Act; to act as a guardian or administrator when so appointed by the Tribunal; to disseminate information concerning – the functions of the Public Guardian; and the operation of this Act; to give advice on the powers that may be exercised under this Act relating to persons with impaired decision-making ability in respect of decisions or impaired decision making ability as to the operation of this Act generally and on appropriate alternatives to taking action under this Act; to perform such other functions as are assigned to the Public Guardian by this Act or any other Act or law.

The Public Guardian has power to do all things necessary or convenient to be done in connection with the performance of his or her functions.

During any illness or absence of the Public Guardian or during any vacancy in the office of the Public Guardian, the Deputy Public Guardian has the functions of the Public Guardian.

Any function exercised by the Deputy Public Guardian while acting under subsection (3) is taken to have been exercised by the Public Guardian.

The Deputy Public Guardian in exercising the functions of the Public Guardian is taken to have sufficient authority to do so.

In the performance of his or her functions under this Act neither the Public Guardian nor the Deputy Public Guardian is subject to the control or direction of the Minister.

The Public Guardian may require any government department or State authority, service provider, health practitioner, guardian or administrator to provide a document, report or information to the Public Guardian if the provision of that document, report or information is necessary for the performance of the Public Guardian’s functions under this Act.