Guardianship and Administration Act 1995

In this section – amendment Act means the Guardianship and Administration Amendment Act 2023; commencement day means the day on which section 15 of the amendment Act commences; full guardianship order means an order under this Act appointing a full guardian that is in effect immediately before the commencement day; limited guardianship order means an order under this Act appointing a limited guardian that is – in effect immediately before the commencement day; or made as a consequence of an application referred to in subsections (4) or (5); old administration order means an order appointing an administrator that is – in effect immediately before the commencement day; or made as a consequence of an application referred to in subsections (4) or (5).

For the purposes of this Act – a full guardianship order is taken to specify that the guardian may make decisions in respect of all of the represented person’s personal matters; and a limited guardianship order is taken to specify that the guardian may make decisions in respect of such personal matters as are consistent with the terms of the limited guardianship order; and a reference in an old administration order to a represented person’s estate is taken to be a reference to the represented person’s financial matters.

Subsection (2) is subject to such terms and conditions as are specified in the relevant order.

Any applications made, or proceedings instituted, under this Act and not determined before the commencement day are to be, on or after the commencement day, determined under this Act as in force immediately before the commencement day.

The Tribunal may, on or after the commencement day, accept an application that has not been made in accordance with the requirements of this Act if – the application is made within 2 months after the commencement day; and the application is made in accordance with the requirements of this Act as in force immediately before the commencement day.

An application under subsection (5) is to be determined by the Tribunal under the provisions of this Act as in force immediately before the commencement day.

The amendments to section 25, Part 5 and Schedule 3 made by the amendment Act do not apply in relation to – an instrument appointing an enduring guardian that was in effect immediately before the commencement day; or an instrument appointing an enduring guardian that had been signed by the appointor before the commencement day but has not, immediately before the commencement day, been registered with the Tribunal.

For the avoidance of doubt, and unless otherwise specified in the amendment Act, nothing in the amendment Act affects the validity of any document, instrument or application made, direction issued, or order made, before the commencement day under this Act.

The Governor may make regulations of a savings and transitional nature consequent on the enactment of the amendment Act.

A regulation referred to in subsection (9) may take effect on a day on which a provision of the amendment Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.