Definitions

Current

(1)

In this Act—

accommodation provider, for an individual, means a person who is, in a professional or administrative capacity, directly or indirectly responsible for or involved in the provision of accommodation to the individual;

S. 3(1) def. of administration order amended by No. 13/2019 s. 221(Sch. 1 item 38.1).

administration order has the same meaning as in the Guardianship and Administration Act 2019;

attorney for financial matters, for an enduring power of attorney, means an attorney who has power for financial matters under that enduring power of attorney;

attorney for personal matters, for an enduring power of attorney, means an attorney who has power for personal matters under that enduring power of attorney;

care worker, for an individual, means a person who performs services for the care of the individual and receives remuneration for those services from any source, but does not include—

(a)

a person who receives a carer payment or other benefit from the Commonwealth or a State or a Territory of the Commonwealth for providing home care for the individual; or

(b)

a person who is a health provider;

close friend, for 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;

domestic partner of a person means—

(a)

a person who is in a registered relationship with the person; or

(b)

an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)

for fee or reward; or

(ii)

on behalf of another person or an organisation (including a government, a government agency, a body corporate or a charitable or benevolent organisation);

enduring power of attorney means a power of attorney to which section 22 applies;

financial matter, in relation to a principal under an enduring power of attorney, or a supportive attorney appointment, means any matter relating to the principal's financial or property affairs, and includes any legal matter that relates to the financial or property affairs of the principal;

Examples

The following are examples of financial matters—

(a)

making money available to the principal for the principal's personal expenditure;

(b)

paying expenses for the principal and any dependants of the principal relating to the maintenance and accommodation of the principal and any dependants, including purchasing an interest in, or making a contribution to an establishment to accommodate the principal or any dependants of the principal or otherwise making payments in relation to such property;

(c)

paying any debts of the principal, including any fees and expenses to which an attorney is legally entitled;

(d)

receiving and recovering money payable to the principal;

(e)

carrying on any trade or business of the principal;

(f)

performing any contracts entered into by the principal;

(g)

discharging any mortgage over the principal's property;

(h)

paying rates, taxes and insurance premiums or other outgoings for the principal's property;

(i)

insuring the principal or the principal's property;

(j)

otherwise preserving or improving the principal's property;

(k)

making investments for the principal;

(l)

continuing investments of the principal, including taking up rights to issues of new shares, or options for new shares to which the principal becomes entitled by the principal's existing shareholding;

(m)

undertaking any real estate transaction for the principal;

(n)

dealing with land for the principal;

(o)

undertaking a beneficial transaction for the principal involving the use of the principal's property as security for an obligation, including taking out a loan on behalf of the principal or giving a guarantee on behalf of the principal;

(p)

withdrawing money from or depositing money into an account of the principal with a financial institution;

financial services licensee has the same meaning as in section 761A of the Corporations Act;

general non-enduring power of attorney means a non-enduring power of attorney that is made under section 7;

S. 3(1) def. of guardianship order amended by No. 13/2019 s. 221(Sch. 1 item 38.1).

guardianship order has the same meaning as in the Guardianship and Administration Act 2019;

health provider means a person who provides health care in the practice of a profession or in the ordinary course of business;

legal matter, in relation to a principal under an enduring power of attorney, or a supportive attorney appointment, means—

(a)

use of legal services for the principal's benefit; or

(b)

bringing or defending a legal proceeding or hearing in a court, tribunal or other body on behalf of the principal, including settling a claim before or after a legal proceeding or hearing starts;

Examples

The following are examples of legal matters—

(a)

the use of legal services to obtain information about the principal's legal rights;

(b)

the use of legal services to make a transaction;

S. 3(1) def. of medical treatment inserted by No. 69/2016 s. 150(a).

medical treatment has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016;

S. 3(1) def. of medical research procedure inserted by No. 69/2016 s. 150(a).

medical research procedure has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016;

nearest relative means the relative first listed in the definition of relative who has attained the age of 18 years, the elder or eldest of two or more relatives described in any paragraph being preferred to any other so described, regardless of sex;

non-enduring power of attorney means a power of attorney that is not an enduring power of attorney;

offence involving dishonesty means an offence that involves dishonesty and that is punishable by at least 3 months' imprisonment, whether it is an offence in this State, the Commonwealth, another State or a Territory of the Commonwealth or a foreign state or country;

S. 3(1) def. of personal matter amended by No. 69/2016 s. 150(b)–(d).

personal matter, in relation to a principal under an enduring power of attorney, or a supportive attorney appointment, means any matter relating to the principal's personal or lifestyle affairs, and includes any legal matter that relates to the principal's personal or lifestyle affairs, but does not include any matter that relates to medical treatment or medical research procedures;

Examples

The following are examples of personal matters—

(a)

where and with whom the principal lives;

(b)

persons with whom the principal associates;

(c)

whether the principal works and, if so, the kind and place of work and employer;

(d)

whether the principal undertakes education or training, the kind of education or training and the place where it takes place;

(e)

daily living issues such as diet and dress.

* * * * *

Note

See the Medical Treatment Planning and Decisions Act 2016 for matters relating to medical treatment and medical research procedures.

principal means—

(a)

for a power of attorney, the person who makes the power of attorney;

(b)

for a supportive attorney appointment, the person who makes the supportive attorney appointment;

S. 3(1) def. of Public Advocate substituted by No. 13/2019 s. 221(Sch. 1 item 38.2).

Public Advocate has the same meaning as in the Guardianship and Administration Act 2019;

purchaser means a purchaser for valuable consideration and includes a lessee, mortgagee or other person who acquires an estate or interest in property for valuable consideration;

relative means any of the following—

(a)

spouse or domestic partner;

(b)

child;

(c)

parent or step-parent;

(d)

sibling or step-sibling;

(e)

grandparent;

(f)

grandchild;

(g)

uncle or aunt;

(h)

nephew or niece;

S. 3(1) def. of remote witnessing procedure inserted by No. 11/2021 s. 89.

remote witnessing procedure means the procedure set out in section 5A;

S. 3(1) def. of special witness inserted by No. 11/2021 s. 89.

special witness means—

(a)

an Australian legal practitioner; or

(b)

a justice of the peace appointed under section 7 of the Honorary Justices Act 2014; or

(c)

a person who is a member of a prescribed class of person;

spouse of a person means a person to whom the person is married;

supportive attorney means a person appointed under a supportive attorney appointment;

supportive attorney appointment means an appointment under section 85;

supportive attorney for financial matters, for a supportive attorney appointment, means a supportive attorney who has power for financial matters under the supportive attorney appointment;

trustee company has the same meaning as in section 4 of the Trustee Companies Act 1984;

valuable consideration does not include a nominal consideration in money.

(2)

For the purposes of the definition of domestic partner in subsection (1)—

(a)

registered relationship has the same meaning as in the Relationships Act 2008; and

(b)

in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)

a person is not a domestic partner of another person merely because they are co-tenants.

(3)

A reference in the definition of relative in subsection (1) to a person's sibling includes a reference to an individual who was adopted by one or both of the person's parents.

(4)

In this Act, a reference to signing at the direction of the principal, in relation to the signing of—

(a)

an enduring power of attorney, is a reference to signing the instrument in the presence of and at the direction of the principal under section 33(a)(ii); or

(b)

a revocation of an enduring power of attorney, is a reference to signing the instrument in the presence of and at the direction of the principal under section 46(a)(ii); or

(c)

a supportive attorney appointment, is a reference to signing the form in the presence of and at the direction of the principal under section 95(a)(ii); or

(d)

a revocation of a supportive attorney appointment, is a reference to signing the form in the presence of and at the direction of the principal under section 105(a)(ii).

Regulations

This provision refers to the regulations (prescribed class). Made under this Act:

Powers of Attorney Regulations 2025 · under section 139

This Act’s bill:Explanatory memorandum Second reading speech

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3 Definitions