Guardianship and Administration Act 1995

In this Act, unless the contrary intention appears – administration order means an order of the Tribunal appointing a person as administrator; administrator means any person appointed as administrator in an administration order; adult means a person who has attained the age of 18 years; advance care directive means an advance care directive under Part 5A that is in force; appointor, in relation to an enduring guardian, means the person who appointed the enduring guardian to be the person's enduring guardian; child means a person who has not attained the age of 18 years; close family member, in relation to a person, means any of the following persons who is in a close and continuing relationship with that person:a spouse of the person; a parent of the person; a person who has one or both parents in common with the person; a child of the person; a child of, or a parent of, the spouse of the person; a grandparent of the person; an aunt or uncle of the person; an adult of Aboriginal or Torres Strait Islander descent who is related to the person according to Aboriginal kinship rules or Torres Strait Islander kinship rules (as the case requires); any other carer or close friend who provides on-going personal support to the person, whether or not the other person is biologically related to the person; close friend, in relation to a person, means another person who has a close personal relationship with the person and a personal interest in the person’s welfare; contravene includes failure to comply with;Convention on the Rights of Persons with Disabilities means the United Nations Convention on the Rights of Persons with Disabilities, done at New York on 13 December 2006, as in force for Australia; decision-making ability– see section 11; determination includes decision and order; disability includes a long-term physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder a person’s full and effective participation in society on an equal basis with others; enduring guardian means a person appointed as an enduring guardian under Part 5; financial matter, in relation to a person, means any matter relating to the estate of the person including the income, assets, debts, liabilities, real property, personal property and financial affairs of the person, and includes any legal matter that relates to the property or finances of the person; function includes duty and power; government department means a Government department within the meaning of the State Service Act 2000; guardian means a person named as a guardian in a guardianship order or as an enduring guardian in an instrument of appointment as such; guardianship order means an order of the Tribunal appointing a person as guardian;Guardianship stream proceedings means proceedings of the Tribunal under an Act in relation to which the functions and powers of the Tribunal are allocated, under the Tasmanian Civil and Administrative Tribunal Act 2020, to the Guardianship stream of the Tribunal established under that Act; health and medical research– see section 6; health practitioner means the following:a health practitioner within the meaning of the Health Practitioner Regulation National Law (Tasmania) (other than a student); any other professional who is prescribed as a health practitioner for the purposes of this definition; impaired decision-making ability– see section 11; information means information however stored or transmitted; intimate forensic procedure means – an external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts; and an internal examination of a body cavity other than the mouth; and the taking of a sample of pubic hair; and the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts; and the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts; and the taking of a sample by swab or washing from a body cavity other than the mouth; and the taking of an X-ray of a part of the body; and the taking of a dental impression; and the taking of a photograph of, or an impression or cast from, the external genital or anal area, the buttocks or, in the case of a female, the breasts; and any other procedure prescribed by the Forensic Procedures Regulations 2010 as an intimate forensic procedure; legal matter, in relation to a person, includes – the use of legal services for the person’s benefit; and bringing or defending a legal proceeding or hearing in a court, tribunal or other body on behalf of the person, including settling a claim before or after a legal proceeding or hearing starts; medical or dental treatment or treatment means – medical treatment (including any medical or surgical procedure, operation or examination and any prophylactic, palliative or rehabilitative care) normally carried out by, or under, the supervision of a medical practitioner; or dental treatment (including any dental procedure, operation or examination) normally carried out by or under the supervision of a dentist; or an intimate forensic procedure and a non-intimate forensic procedure normally carried out by a person authorised to carry out the procedure under section 40 of the Forensic Procedures Act 2000; or any other act declared by the regulations to be medical or dental treatment for the purposes of this Act – but does not include – any non-intrusive examination made for diagnostic purposes (including a visual examination of the mouth, throat, nasal cavity, eyes or ears); or first-aid medical or dental treatment; or the administration of a pharmaceutical drug for the purpose, and in accordance with the dosage level, recommended in the manufacturer's instructions (if the drug is one for which a prescription is not required and which is normally self-administered); or any other kind of treatment that is declared by the regulations not to be medical or dental treatment for the purposes of this Act; non-intimate forensic procedure means – the taking of a sample of blood; and the taking of a sample of saliva; and the taking of a sample by buccal swab; and an external examination of a part of the body, other than the external genital or anal area, the buttocks or, in the case of a female, the breasts, that requires the touching of the body or the removal of clothing; and an internal examination of the mouth; and the taking of a sample of hair other than pubic hair; and the taking of a sample from a nail or under a nail; and the taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts; and the taking of a sample by vacuum suction, by scraping or by lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts; and the taking of a handprint, fingerprint, footprint or toeprint; and the taking of a photograph of a person or an external part of a person other than the external genital or anal area, the buttocks or, in the case of a female, the breasts; and the taking of an impression or cast from a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts; and any other procedure prescribed by the Forensic Procedures Regulations 2010 as a non-intimate forensic procedure – but does not include an intrusion into any body cavity of a person other than the mouth; non-regenerative tissue means tissue that, after injury or removal, is not replaced in the body of a living person by natural processes of growth or repair; parent means a person who has parental responsibility and includes a guardian and a person acting in loco parentis; personal matter, in relation to a person, means a matter relating to the personal affairs or lifestyle of the person, including, but not limited to, the following matters:where and with whom the person lives, whether permanently or temporarily; who may contact (whether by post, telephone, or electronic or other means) or visit the person, including – restrictions on contact with the person or visits to the person that are necessary to promote the personal and social well-being of the person; and the prohibition on contact with, or visits to, the person by any person if that contact or those visits would have an adverse effect on the person; the provision of care services to the person; what education, training or work the person undertakes; except as provided under Parts 5A and 6, consenting to or refusing or withdrawing consent to the provision of health care or medical or dental treatment to the person; except as provided under Part 6A, consenting to or refusing or withdrawing consent to the conduct of health and medical research in relation to the person; any legal matter that relates to the personal affairs of the person; person responsible has the meaning given by section 4; pharmaceutical drug includes any substance specified in the Poisons List, within the meaning of the Poisons Act 1971; President has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020;Public Guardian means the person appointed as the Public Guardian under section 14; registered health practitioner means a person who is registered under the Health Practitioner Regulation National Law (Tasmania) to practise a health profession (other than as a student); registered practitioner means a person who is a medical practitioner or a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; registrar means the Registrar, within the meaning of the Tasmanian Civil and Administrative Tribunal Act 2020; regulations means regulations made and in force under this Act; represented person means a person – in respect of whom – a guardianship order is in force; or an administration order is in force; or both a guardianship order and an administration order are in force; or who appoints an enduring guardian and who, by reason of impaired decision-making ability, becomes unable to make decisions in relation to personal matters; service provider includes a financial institution or person with whom a proposed represented person has deposited money or on whose account money has been deposited; special treatment means – any treatment that is intended, or is reasonably likely, to have the effect of rendering permanently infertile the person on whom it is carried out; or termination of pregnancy; or any removal of non-regenerative tissue for the purposes of transplantation; or any other medical or dental treatment that is declared by the regulations to be special treatment for the purposes of this Act; spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003, with that person;State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the Royal Prerogative, where the body or authority or its governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another such body or authority; support, in relation to the making of a decision by a person, includes, but is not limited to, the following:the use of information or formats tailored to the particular needs of the person making the decision; assistance to communicate the decision of the person making the decision; the giving of additional time to the person making the decision; the use of technology to alleviate the effects of any disability of the person making the decision; tissue includes an organ or part of a human body or substance extracted from, or from a part of, the human body;Tribunal means the Tasmanian Civil and Administrative Tribunal.

Where 2 or more guardians of a person have been appointed under section 20(4), references to a guardian in this Act are taken as references to the guardian exercising the relevant function.

In this Act, a reference to an enduring guardian making or entering into a transaction is to be taken to be a reference to the enduring guardian making a decision, taking an action, giving a consent or doing an act.