Other notes
Other notes Other notes
1-3 Footnotes no longer applicable.
4 The Public Trustee Act 1941 s. 53 was deleted by the Public Trustee and Trustee Companies Amendment Act 2008 s. 31.
5, 6 Footnotes no longer applicable.
7 Repealed by the Mental Health (Consequential Provisions) Act 1996.
8 The Guardianship and Administration Amendment Act 2000 s. 21 reads as follows:
21. Transitional and validation
A person appointed before the commencement day under an enduring power of attorney (as defined in section 102) as the donee of the power in substitution of another donee on or during the occurrence of certain events or circumstances —
is, from the commencement day, to be regarded as having been appointed a substitute donee under section 104B; and
any act of that person under that power of attorney before the commencement day is to be regarded as having been as valid as if section 104B had been in operation at that time and the person had been appointed a substitute donee under it.
Nothing in subsection (1) affects any decision of —
the Board under section 109; or
a court or other tribunal,
and to the extent that subsection (1) conflicts or is inconsistent with such a decision, that decision prevails.
In subsection (1) —
commencement day means the day on which this Act comes into operation;
section means a section of the Guardianship and Administration Act 1990.
9 The Acts Amendment (Court of Appeal) Act 2004 Sch. 1 cl. 7 (to amend s. 37A and the heading to Part 3 Div. 4) was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 75(3).
10 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
11 The State Administrative Tribunal Regulations 2004 r. 52 reads as follows:
52. Guardianship and Administration Act 1990
In this regulation —
commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 56 comes into operation;
the GA Act means the Guardianship and Administration Act 1990.
Unless the context otherwise requires, where in —
an arrangement entered into under the GA Act section 44A(1); or
a notice of an arrangement published in the Gazette under the GA Act section 44A(2),
there is a reference to the Guardianship and Administration Board, on or after the commencement day that reference is to be read and construed as a reference to the State Administrative Tribunal.
If immediately before the commencement day —
the Guardianship and Administration Board is required under the GA Act section 80(3) to examine any accounts lodged under section 80(1) or delivered under section 80(2) of the GA Act; and
the Board has not made a decision under the GA Act section 80(3),
on the commencement day, the obligation to examine those accounts is transferred to the Public Trustee and the Public Trustee is to examine the accounts in accordance with the GA Act section 80.
If immediately before the commencement day the Guardianship and Administration Board is carrying out, but has not completed, a review under the GA Act section 85 or 86, on or after the commencement day the review is to be carried out and completed by the State Administrative Tribunal as if the application for the review had been made to it under the relevant section.
If —
before the commencement day a report is made to the Guardianship and Administration Board under the GA Act section 107(1)(d); and
the Board has not made an order under the GA Act section 109(3) in relation to that report,
on or after the commencement day, the State Administrative Tribunal may make an order under the GA Act section 109(3) as if the report had been made to it under the GA Act section 107(1)(d).
If before the commencement day the Guardianship and Administration Board has appointed an auditor under the GA Act section 109(1)(b) and a copy of the auditor’s report has not been furnished to the Board under that provision, on and after the commencement day, the auditor is to be taken to have been appointed by the State Administrative Tribunal and is to furnish the report to the Tribunal and the applicant for the order.
If immediately before the commencement day a notice is required to be given under the GA Act section 111(4) but that notice has not been given before the commencement day, on or after the commencement day that notice is to be given by the executive officer of the State Administrative Tribunal.
If immediately before the commencement day the Guardianship and Administration Board is dealing with, but has not completed the consideration of, an application under the GA Act section 111(5) or 112(4), on or after the commencement day the application is to be transferred to the State Administrative Tribunal and the Tribunal is to deal with the application as if the application had been made to it under the relevant subsection.
If —
an enduring power of attorney created by instrument in the form or substantially in the form of the GA Act Schedule 3 Form 1; or
a statement of acceptance in the form, or substantially in the form, of the GA Act Schedule 3 Form 2,
in effect immediately before the commencement day contains a reference to the Guardianship and Administration Board, on and after the commencement day that reference is to be taken to be a reference to the State Administrative Tribunal.
12 The Acts Amendment (Consent to Medical Treatment) Act 2008 s. 14 reads as follows:
14. Review of the Guardianship and Administration Act 1990
The Minister administering the Guardianship and Administration Act 1990 is to carry out a review of the operation and effectiveness of the provisions of the Guardianship and Administration Act 1990 and the relevant sections of The Criminal Code as soon as practicable after the expiration of 3 years from the commencement of this Act.
The Minister is to prepare a report based on the review made under subsection (1) and cause the report to be laid before each House of Parliament within 4 years after the commencement of this Act.
13 The Guardianship and Administration Amendment (Medical Research) Act 2020 s. 13 and 15 were deleted before they came into operation by the Guardianship and Administration Amendment (Medical Research) Act 2023 s. 7 and 8.
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