Terms used
3 Terms used
In this Act, unless the contrary intention appears —
administration order means an order made under section 64 and includes an order so made which is amended, continued or replaced under any other provision of this Act;
administrator means —
the person appointed as an administrator under section 64 or the Public Advocate acting under section 99; and
2 or more persons appointed as joint administrators under section 64;
advance health directive means —
an advance health directive made under Part 9B; or
an instrument recognised as such under section 110ZA;
application means an application to the State Administrative Tribunal under this Act;
corporate trustee means the Public Trustee or any trustee company under the Trustee Companies Act 1987;
Deputy President means a Deputy President of the State Administrative Tribunal;
determination, in relation to the State Administrative Tribunal, means —
a grant or refusal of leave under section 87; or
the making of, or refusal to make, an order under section 43 or 64; or
the refusal to issue a warrant under section 49; or
the making of, or refusal to make, an order on a review under section 84, 85 or 86; or
the giving of a direction under section 47 or 74; or
the giving or refusal of consent under section 63; or
the making of or refusal to make a declaration under section 111 or the revocation of or refusal to revoke such a declaration; or
the making of, or refusal to make, an order under section 66, 104A(2), 106, 109 or 112(4); or
a decision made under Part 9E Division 5;
electroconvulsive therapy has the meaning given in the Mental Health Act 2014 section 192;
enduring guardian means —
the person who is the enduring guardian under an enduring power of guardianship; or
the persons who are the joint enduring guardians under an enduring power of guardianship,
and includes a substitute enduring guardian while he or she is the enduring guardian or a joint enduring guardian under an enduring power of guardianship;
enduring power of guardianship means —
an enduring power of guardianship made under Part 9A; or
an instrument recognised as such under section 110O;
executive officer has the meaning given to that term in the State Administrative Tribunal Act 2004 section 3;
Full Tribunal means the State Administrative Tribunal constituted so as to consist of —
the President; or
a Deputy President,
and 2 other members;
guardian means —
a person appointed as a guardian (including an alternate guardian) under section 43;
2 or more persons appointed as joint guardians under that section; and
the Public Advocate acting under section 99;
guardianship order means an order made under section 43, and includes an order so made which is amended, continued or replaced under any other provision of this Act;
life sustaining measure means a medical, surgical or nursing procedure directed at supplanting or maintaining a vital bodily function that is temporarily or permanently incapable of independent operation, and includes assisted ventilation and cardiopulmonary resuscitation;
medical research has the meaning given in section 3AA;
member means a member of the State Administrative Tribunal;
mental disability includes an intellectual disability, a psychiatric condition, an acquired brain injury and dementia;
nearest relative in relation to a person means the first in order of priority of the following persons, who has attained the age of 18 years and is reasonably available at the relevant time —
a spouse or de facto partner;
a child;
a step child;
a parent;
a foster parent;
a brother or sister;
a grandparent;
an uncle or aunt;
a nephew or niece,
and for the purposes of this definition —
[(h) deleted]
a brother or sister of a person includes a brother or sister of the half‑blood, and a person who was adopted by one or both of the parents of the first‑mentioned person; and
the elder or eldest of 2 or more relatives described in a paragraph of this definition shall be preferred to the other or any other of those relatives regardless of sex, and no distinction shall be made between relatives of the same age;
palliative care means a medical, surgical or nursing procedure directed at relieving a person’s pain, discomfort or distress, but does not include a life sustaining measure;
party in relation to an application under this Act means the applicant, the represented person or person in respect of whom an application is made, a person to whom notice of an application is required by this Act to be given, or to whom such notice is given, and any person who is heard by the State Administrative Tribunal under clause 13(2)(a) of Schedule 1;
personal information has the meaning given in the Freedom of Information Act 1992 Glossary clause 1;
placebo means a substance not containing an active agent under study administered to some individuals to compare the effects of the active agent administered to other individuals;
President means the President of the State Administrative Tribunal;
Public Advocate means the person for the time being holding or acting in the office of Public Advocate created by section 91(1);
Public Trustee means the Public Trustee appointed under the Public Trustee Act 1941;
represented person means any person in respect of whom —
a guardianship order is in force;
an administration order is in force; or
both a guardianship order and an administration order are in force;
research candidate means an individual —
whose participation is sought in medical research; or
in respect of whom medical research is conducted under Part 9E;
research decision, in relation to a research candidate, means a decision to consent or refuse consent to the candidate’s participation in medical research;
research decision‑maker, for a research candidate, has the meaning given in section 110ZP;
substitute enduring guardian means a person appointed as a substitute enduring guardian under section 110C(1);
treatment —
means —
medical or surgical treatment, including a life sustaining measure or palliative care; or
dental treatment; or
other health care;
and
in Parts 9B and 9E — includes medical research; and
if paragraph (b) does not apply — does not include medical research;
treatment decision, in relation to a person —
means a decision to consent or refuse consent to the commencement or continuation of any treatment of the person; and
in Part 9B — includes a decision to consent or refuse consent to the commencement or continuation of the person’s participation in medical research.
In this Act, a reference to the performance of an abortion on a person —
is a reference to the provision of treatment to the person, including treatment referred to in the Public Health Act 2016 section 202MB(2), with the intention of causing the termination of the pregnancy of the person; and
does not include a reference to the provision of treatment to the person without that intention even if the treatment results or may result in the termination of the pregnancy of the person.
A reference in a written law to the committee of the person of a person is to be read as a reference to the guardian of that person.
[Section 3 amended: No. 16 of 1992 s. 4 and 17; No. 7 of 1996 s. 4; No. 69 of 1996 s. 33; No. 70 of 2000 s. 4; No. 3 of 2002 s. 68; No. 65 of 2003 s. 40(2); No. 55 of 2004 s. 418 and 466(1); No. 21 of 2008 s. 667(2); No. 25 of 2008 s. 5; No. 8 of 2009 s. 68; No. 19 of 2010 s. 18(2); No. 25 of 2014 s. 20; No. 14 of 2020 s. 4; No. 9 of 2022 s. 424; No. 20 of 2023 s. 26.]
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