Authority of plenary guardian
45 Authority of plenary guardian
Subject to section 43(3), where a person is appointed as a plenary guardian, or 2 or more persons are appointed as joint plenary guardians, the person or persons have all of the functions in respect of the person of the represented person that are, under the Family Court Act 1997, vested in a person in whose favour has been made —
a parenting order which allocates parental responsibility for a child; and
a parenting order which provides that a person is to share parental responsibility for a child,
as if the represented person were a child lacking in mature understanding, but a plenary guardian does not, and joint plenary guardians do not, have the right to chastise or punish a represented person.
Without limiting subsection (1), a plenary guardian may do any of the following —
decide where the represented person is to live, whether permanently or temporarily;
decide with whom the represented person is to live;
decide whether the represented person should work and, if so, the nature or type of work, for whom the represented person is to work and matters related thereto;
subject to subsections (3A) and (4A), make treatment decisions for the represented person;
decide what education and training the represented person is to receive;
decide with whom the represented person is to associate;
as the next friend of the represented person, commence, conduct or settle any legal proceedings on behalf of the represented person, except proceedings relating to the estate of the represented person;
as the guardian ad litem of the represented person, defend or settle any legal proceedings taken against the represented person, except proceedings relating to the estate of the represented person;
if the plenary guardian is a research decision‑maker for the represented person — subject to subsection (4A)(a) and sections 110ZR and 110ZT, make research decisions in relation to the represented person.
A plenary guardian cannot do any of the following on behalf of the represented person —
vote in any election;
[(b) deleted]
consent, under section 17 of the Adoption Act 1994, to the adoption of a child or under section 69(1)(a)(ii) of that Act to the adoption of a represented person;
consent, under section 21(2)(d) of the Surrogacy Act 2008, to the making of a parentage order under that Act;
under the Marriage Act 1961 of the Commonwealth, give consent in relation to the marriage of a minor, sign a notice of intended marriage or take part in the solemnization of a marriage;
carry out a function under the Births, Deaths and Marriages Registration Act 1998 Part 5A of the parent of a child.
A plenary guardian cannot make a decision in respect of the performance of an abortion on the represented person, including for the purposes of a treatment decision or medical research.
A plenary guardian —
cannot consent, for the purposes of medical research, to —
the sterilisation of the represented person; or
electroconvulsive therapy being performed on a research candidate;
and
cannot consent to the sterilisation of the represented person for any other purposes, except in accordance with Division 3.
A plenary guardian may not make a will or other testamentary disposition on behalf of a represented person but this subsection does not affect the operation of section 111A.
[Section 45 amended: No. 7 of 1996 s. 20; No. 69 of 1996 s. 34; No. 41 of 1997 s. 32; No. 70 of 2000 s. 8; No. 35 of 2006 s. 205; No. 27 of 2007 s. 25; No. 25 of 2008 s. 6; No. 47 of 2008 s. 64; No. 17 of 2014 s. 22(2) and (3); No. 14 of 2020 s. 7; No. 20 of 2023 s. 40; No. 31 of 2024 s. 42.]
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