This Act may be cited as the Public Guardian Act 2014.
(1)This Act, other than sections 252, 254 and chapter 8, part 17, commences on 1 July 2014.
(2)Sections 252 and 254 commence on assent.
(3)Chapter 8, part 17 commences on the commencement of the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014, section 26.
The dictionary in schedule 1 defines particular words used in this Act.
This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
(b)relevant children and children staying at visitable sites.
(1)The principles to be applied by persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity for the matter are stated in the Guardianship Act, schedule 1 (the general principles and, for a health matter or a special health matter, the health care principle).
(2)Persons performing functions or exercising powers under this Act for a matter in relation to an adult with impaired capacity must also have regard to the acknowledgements stated in the Guardianship Act, section 5 when performing the functions or exercising the powers.
(1)The main principle to be applied by persons performing functions or exercising powers under this Act in relation to a relevant child or a child staying at a visitable site is that the best interests of the child are paramount.
(i)an ongoing connection with the child's culture, traditions, language and community is important for the child's welfare and wellbeing and must be taken into account.
(1)This Act, to the extent it relates to an adult with impaired capacity for a matter, is to be read in conjunction with the Guardianship Act and the Powers of Attorney Act.
(c)consent to the withholding or withdrawal of a life-sustaining measure and to particular special health care.
(3)The Guardianship Act also provides a scheme for health care for adults with impaired capacity for the matter concerned, including an order of priority for dealing with health care.
Personal matters do not include special personal matters or special health matters—Powers of Attorney Act, schedule 2, section 2.
(c)a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care.
(5)If there is an inconsistency between this Act and the Guardianship Act, the Guardianship Act prevails.
There must be a Public Guardian.
(1)The public guardian's role in relation to adults who have impaired capacity for a matter is to protect their rights and interests.
(2)The public guardian's role in relation to relevant children and children staying at a visitable site is to protect their rights and interests.
The public guardian has the functions given to the public guardian by this Act or another Act.
(j)educating and advising persons about, and conducting research into, the operation of this Act, the Guardianship Act and the Powers of Attorney Act.
(d)a similar document under the law of another jurisdiction.
(n)for a proceeding before the tribunal relating to a child protection matter—making submissions, calling witnesses and testing evidence in the proceeding, including by cross-examining witnesses.
(b)for a child mentioned in the Child Protection Act, section 74(1)—to help the child if the child considers that the charter of rights set out in the Child Protection Act, schedule 1 is not being complied with in relation to the child.
(c)an interim order under section 67 of that Act in relation to a proceeding for a child protection order.
child under care see section 51.
court assessment order see the Child Protection Act, schedule 3.
visitable home see section 51.
visitable site see section 51.
(1)The public guardian has the powers given under this Act or another Act, including the powers of a community visitor, or child advocacy officer, given under this Act.
(2)Also, the public guardian may do all things necessary or convenient to be done to perform the public guardian's functions.
(3)Without limiting subsection (2), the public guardian may ask the NDIS agency or NDIS commissioner for information the public guardian considers necessary or convenient to perform the public guardian's functions.
In performing the public guardian's functions and exercising the public guardian's powers, the public guardian is not under the control or direction of the Minister.
This chapter contains provisions relating to the public guardian's functions and powers for adults with impaired capacity for a matter.
adult means an adult with impaired capacity for a matter.
(c)require an attorney who may exercise power for a financial matter for an adult or an adult's administrator to present a plan of management for approval.
(2)An adult's attorney, guardian or administrator may apply to the tribunal to review the public guardian's decision relating to the advice, notice or requirement and the tribunal may make the order it considers appropriate.
administrator, in relation to an adult, means the administrator appointed for the adult under the Guardianship Act.
attorney, in relation to an adult, means the adult's attorney authorised under an enduring document or the adult's statutory health attorney.
guardian, in relation to an adult, means the guardian appointed for the adult under the Guardianship Act.
(b)has inappropriate or inadequate decision-making arrangements.
(1)If the public guardian decides to investigate a complaint or allegation, the public guardian may delegate to an appropriately qualified person the public guardian's powers under this part, other than the power to give notice under section 25(1) or 29.
(2)Subsection (1) does not affect the public guardian's authority to delegate power to someone else under section 146.
(3)A delegate exercising power under this part must, if asked, produce evidence of the delegation.
(4)If a delegate is given power to carry out an investigation, the delegate must, after carrying out the investigation, make a written report and give a copy of the report to the public guardian.
(5)It is a lawful excuse for the publication of any defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act.
(6)A delegate (other than a delegate who is a member of the public guardian's staff) given power to carry out an investigation is entitled to the remuneration decided by the public guardian.
(1)The public guardian may, by written notice to an attorney for an adult who has power for a financial matter or to an administrator for an adult, require that, by the date stated in the notice, the attorney or administrator file with the public guardian a summary of receipts and expenditure, or more detailed accounts of dealings and transactions, for the adult for a specified period.
(2)The date by which the summary or accounts must be filed must be a date that the public guardian considers gives the attorney or administrator reasonable time to comply with the notice.
(3)The attorney or administrator must comply with the notice, unless the attorney or administrator has a reasonable excuse.
(4)The summary or accounts filed may be audited by an auditor appointed by the public guardian.
See the Powers of Attorney Act, section 122 (Records and audit) which gives the court similar power in relation to an attorney for a financial matter.
attorney means an attorney under an enduring power of attorney.
(1)The public guardian has a right to all information necessary to investigate a complaint or allegation, or to carry out an audit, in connection with an adult.
In addition, the Powers of Attorney Act, section 81 (Right of attorney to information) gives the public guardian a right to information as an attorney.
(c)if the person is not an attorney or administrator and the information is contained in a document—to allow the public guardian to inspect the document and take a copy of it.
(3)The person must comply with the notice, unless the person has a reasonable excuse.
(4)It is a reasonable excuse for a person not to comply with the notice because complying with the notice might tend to incriminate the person.
(b)any claim of confidentiality or privilege, including a claim based on legal professional privilege.
(1)If a person is required to give information to the public guardian under this chapter, the public guardian may, by written notice given to a person, require the person to give the information by statutory declaration.
(2)The person must comply with the notice, unless the person has a reasonable excuse.
Maximum penalty for subsection (2)—100 penalty units.
(1)This section applies to the giving of information to the public guardian under section 22 or 23.
(2)A person may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.
(3)If a person, acting honestly, gives the information to the public guardian, the person is not liable, civilly, criminally or under an administrative process, for giving the information.
(b)departed from accepted standards of professional conduct.
(ii)is not liable to disciplinary action for giving the information.
giving, of information contained in a document, includes allowing the document to be inspected and a copy to be taken of it.
(1)For the performance of adult guardian functions, the public guardian may, by written notice given to a person, require the person to attend before the public guardian at a stated time and place to give information and answer questions, or produce stated documents or things.
See section 28 (Self-incrimination not a reasonable excuse).
(c)allow the person to give information by tendering a written statement, verified, if the public guardian directs, by oath.
(4)The person must comply with a requirement under subsection (3)(a), unless the person has a reasonable excuse.
(5)The person is entitled to be paid by the public guardian an amount equivalent to the amount the person would receive under the Court Fees and Allowances Regulation if the person's attendance before the public guardian were attendance in a Magistrates Court as a witness.
Court Fees and Allowances Regulation means a regulation made under the Supreme Court of Queensland Act 1991 providing for the fees and allowances payable to witnesses attending before a court.
(1)This section applies if, without reasonable excuse, a person fails to comply with a notice given under section 25.
(2)A Magistrates Court, at the request of the public guardian, may issue a subpoena requiring the attendance of the person before the court.
(3)The Uniform Civil Procedure Rules 1999, other than rules 417, 418 and 420, apply in relation to the subpoena.
See the Uniform Civil Procedure Rules 1999, chapter 11 (Evidence), part 4 (Subpoenas) and rules 417 (Order for cost of complying with subpoena), 418 (Cost of complying with subpoena if not a party) and 420 (Production by non-party).
(4)The court may require the person to take an oath.
(5)The public guardian may examine the person attending before the court under a subpoena issued under subsection (2).
(c)a subpoena for production and to give evidence.
(c)fails to give an answer to the court's satisfaction.
(2)The court may treat the person's refusal or failure as a contempt of court.
(b)a person subpoenaed under section 26 who attends before a Magistrates Court and refuses to answer a question put to the person or fails to give an answer to the court's satisfaction.
because compliance with the notice, answering the question or giving an answer to the court's satisfaction might tend to incriminate the person.
(d)if the information, answer or production is relevant to the person's registration, licence or approval as proprietor or operator of a service or facility involved in the care of adults with impaired capacity for a matter—a proceeding about the registration, licence or approval.
the public guardian may, by written notice, require the person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.
the public guardian may, by written notice, require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.
(3)The public guardian may, by written notice, require a person who requests an investigation or audit to pay to the public guardian the amount the public guardian considers appropriate as security for a payment under subsection (1).
(4)A person given notice under this section may apply to the tribunal to review the public guardian's decision to require the payment, or the amount of the payment required, and the tribunal may make the order it considers appropriate.
attorney means an attorney under a power of attorney.
(1)A person must not obstruct or improperly influence the conduct of an investigation or audit.
influence includes attempt to influence.
obstruct includes hinder, resist and attempt to obstruct.
(1)After the public guardian has carried out an investigation or audit in relation to an adult, the public guardian must make a written report and give a copy of the report to the person at whose request the investigation or audit was carried out and to every attorney, guardian or administrator for the adult.
(2)It is a lawful excuse for the publication of a defamatory statement made in the report that the publication is made in good faith and is, or purports to be, made for this Act.
(3)The public guardian must allow an interested person to inspect a copy of the report at all reasonable times and, at the person's own expense, to be given a copy of the report.
(4)If a report made by the public guardian contains information about a person and the public guardian considers it appropriate to protect the person's identity, the public guardian may remove, from the copy of the report to be given or inspected, information likely to result in the person's identification.
(b)an attorney under an advance health directive.
(b)another person accesses the report.
(2)The other person must not, unless the other person has a reasonable excuse, publish information contained in the report to the public, or a section of the public, if the publication is likely to result in the identification of the de-identified person by a member of the public, or by a member of the section of the public to whom the information is published.
(g)a public guardian's delegate for an investigation.
For the confidentiality requirements for a relevant person, see the Guardianship Act, section 249A. For the confidentiality requirements for an attorney, see the Powers of Attorney Act, section 74A. For the confidentiality requirements for a person mentioned in paragraph (b), (c), (e), (f) or (g), see section 140.
relevant person see the Guardianship Act, section 246.
the public guardian, either in the name of the public guardian or the adult, may claim and recover possession of the property, damages for conversion of or injury to the property, or payment of the money, by application to the Supreme Court.
(1)The public guardian may, by written notice to an attorney, suspend the operation of all or some of an attorney's power for an adult if the public guardian suspects, on reasonable grounds, that the attorney is not competent.
(c)the attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act.
(3)The suspension may not be for more than 3 months.
(4)The public guardian may lift the suspension on the terms the public guardian considers appropriate.
(5)The attorney whose power has been suspended may apply to the tribunal to review the public guardian's decision to suspend the attorney or the terms on which the suspension is lifted and the tribunal may make the order it considers appropriate.
attorney means an attorney under an enduring document.
(1)During the suspension of the operation of power of an attorney, the attorney must not exercise the power.
(2)During the suspension of the operation of power of an attorney for a personal matter, the public guardian is taken to be the attorney for the adult for the exercise of the power.
(3)During the suspension of the operation of power of an attorney for a financial matter, the public trustee is taken to be the attorney for the adult for the exercise of the power.
(1)This section applies if the public guardian considers there are reasonable grounds for suspecting there is an immediate risk of harm, because of neglect (including self neglect), exploitation or abuse, to an adult.
(2)The public guardian may apply to the tribunal for a warrant under the Guardianship Act, section 148 to enter a place and to remove the adult.
(b)the person does not have an attorney, guardian or administrator for the matter.
(d)the health provider's opinion about the person's capacity.
(b)any claim of confidentiality or privilege.
contact details, for a relative, means the relative's address and telephone number or a way of contacting the relative.
(iii)the public guardian reasonably considers the adult's interests would not be adequately protected if the consent of any guardian or attorney for the adult were sought.
See also the Guardianship Act, section 248A (Protection for person carrying out forensic examination with consent).
chapter 5B approval means an approval given under the Guardianship and Administration Act 2000, chapter 5B.
complaint means a complaint about a matter mentioned in section 41(2) made by or for a consumer at a visitable site.
(c)for another visitable site—an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, who lives or receives services at the visitable site.
forensic disability service means the forensic disability service under the Forensic Disability Act 2011.
(b)who is a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) and has a participant's plan.
impairment means a cognitive, intellectual, neurological or psychiatric impairment.
(d)if paragraphs (a), (b) and (c) do not apply—the adult and 1 or more of the adult's relations, or the adult only.
(c)if the adult is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the adult.
specialist disability accommodation means SDA within the meaning of the national disability insurance scheme rules made for the National Disability Insurance Scheme Act 2013 (Cwlth), section 35 about the funding of SDA.
specialist positive behaviour support has the same meaning as in the National Disability Insurance Scheme Act 2013 (Cwlth).
(cd)a place, other than a private dwelling house, that is prescribed under a regulation.
(b)a document relating to a consumer at the visitable site, including a document in the consumer's personal or medical file, regardless of who owns the file.
(1)The purpose of providing a program involving community visitors (adult) for visitable sites is to protect the rights and interests of consumers at the visitable sites.
(2)The public guardian may allocate 1 or more community visitors (adult) for a visitable site.
(1)A community visitor (adult) has inquiry and complaint functions.
(f)at the request of the public guardian, another matter about the visitable site or consumers at the site.
(c)refer any other matter in relation to a complaint to the NDIS commissioner if the community visitor (adult) considers the NDIS commissioner has functions in relation to the matter.
(4)If a community visitor (adult) reasonably considers that the visitor can discharge the visitor's functions or a particular function by contacting a consumer or someone else at a visitable site by using relevant technology, the visitor may discharge the functions or function in that way.
relevant technology means a telephone or any other technology that reasonably allows persons using the technology to communicate effectively.
(1)A community visitor (adult) for a visitable site must regularly visit the visitable site to perform the visitor's functions.
(2)The public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (adult).
(b)ask a staff member at the visitable site to arrange for a community visitor (adult) to visit the site to perform the visitor's functions.
(2)If the request is made to a staff member at the visitable site, the staff member must, within 3 business days after the request is made, tell the public guardian about the request.
(3)A community visitor (adult) for the visitable site must visit the site as soon as practicable if informed of a request to visit.
(g)ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor's functions.
(2)A person who complies with a requirement under subsection (1)(c) or (f) does not incur any liability, either to the consumer or anyone else, because of the compliance.
(3)A person must comply with a requirement under subsection (1)(c) or (f), unless the person has a reasonable excuse.
(4)It is a reasonable excuse for a person not to comply with a requirement under subsection (1)(c) or (f) because compliance with the requirement might tend to incriminate the person.
(1)This section applies if the public guardian considers a community visitor (adult) can not adequately inquire into a complaint by entering a visitable site during normal hours.
(2)The public guardian may authorise the visitor to enter the site outside normal hours to inquire into the complaint.
(3)In authorising an entry outside normal hours, the public guardian must specify a period of not more than 2 hours during which the entry is authorised.
(b)inspecting, taking extracts from, or making copies of, a visitable site document relevant to a function of the visitor in relation to the consumer.
(2)A consumer's views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct.
(3)However, regardless of the consumer's views and wishes, the visitor must act in a way consistent with the consumer's proper care and protection.
(b)give a copy of the report to the public guardian.
(2)If the visitor entered the site outside normal hours, the visitor must state the authority for the entry in the report.
(3)As soon as practicable after receiving a copy of a report in relation to the site, the public guardian must give a copy of the report to a person in charge of the site.
(h)if the report relates to the provision of services or supports by a registered NDIS provider at the visitable site and section 49A applies to the provider in relation to the services or supports—the NDIS commissioner.
A community visitor (adult) is subject to the public guardian's directions in the exercise of a power.
A staff member at a visitable site must not open, read, copy or remove any correspondence sent, or being sent, between a community visitor (adult) and a consumer residing at the site, unless the consumer asks the staff member to do so.
(c)the services or supports are within the relevant class of supports.
(2)The registered NDIS provider must give the public guardian, in the way and at the times prescribed by regulation, required information that is in the provider's custody or control, unless the provider has a reasonable excuse.
required information means information about the provision of the services or supports prescribed by regulation.
This chapter contains provisions relating to the public guardian's functions and powers for relevant children and children staying at visitable sites.
authorised mental health service see the Mental Health Act 2016, schedule 3.
(b)the provision of accommodation to children under residential tenancy agreements under the Residential Tenancies and Rooming Accommodation Act 2008.
(b)a child who, under a care agreement under the Child Protection Act, has been placed in the care of someone other than a parent of the child.
corrective services facility see the Corrective Services Act 2006, schedule 4.
detention centre means a detention centre established under the Youth Justice Act 1992, section 262.
(f)to a child, under the child's participant's plan, for the purpose of providing respite services in relation to the child.
(b)if the child, under a care agreement under the Child Protection Act, has been placed in the care of someone other than a parent of the child—the home or other accommodation where the child is staying with the other person.
visitable location means a visitable home or visitable site as defined in this section.
(d)an authorised mental health service where the child is staying.
(b)a document relating to a child staying at the visitable site, including a document in the child's personal or medical file, regardless of who owns the file.
(b)the child is the subject of an application for an order mentioned in subsection (1)(a)(i) to (iv).
(b)subject to subsection (4), the child turns 18.
(ii)a decision to withdraw or refuse an application mentioned in subsection (1)(b).
(b)the public guardian is satisfied the person continues to be in need of particular help for the transition.
(b)advises the person that he or she is no longer a relevant child for this Act.
(1)A parent of a child is the child's mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child.
(2)However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.
(3)A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.
(4)A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.
(1)To the greatest extent practicable, the public guardian or another entity who performs a child advocate function or exercises a power under this Act in relation to a child must seek, and take into account, the views and wishes of the child when performing the function or exercising the power.
(2)The child's views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct.
(3)The child's views and wishes should be taken into account in a way that has regard to the child's age and maturity.
child means a relevant child or a child staying at a visitable site.
(1)The purpose of providing a program involving community visitors (child) for visitable locations is to protect the rights and interests of children staying at visitable locations.
(2)The public guardian may allocate 1 or more community visitors (child) for a visitable location.
56Functions of community visitor (child), etc.
(h)at the request of the public guardian, to inquire into and report on any other matter relating to a child under care staying at a visitable home or a child staying at a visitable site.
(2)A community visitor (child) may perform any other child advocate function if directed by the public guardian.
(3)A community visitor (child) also has the function of giving advice and reports to the public guardian about anything relating to the visitor's functions and powers.
(4)Without limiting subsection (1)(b), the function of a community visitor (child) mentioned in that subsection includes referring a matter in relation to a child's concerns and grievances to the NDIS commissioner if the visitor considers the NDIS commissioner has functions in relation to the matter.
(45)If a community visitor (child) reasonably considers that the visitor can discharge the visitor's functions or a particular function by contacting a child or someone else at a visitable home or visitable site by using relevant technology, the visitor may discharge the functions or function in that way.
service provider includes an entity providing a service under an arrangement that involves a written agreement to which a service provider is a party.
(1)The public guardian may direct a community visitor (child) to visit a child under care staying at a visitable home.
(i)any other matter the public guardian considers relevant, including, for example, any physical disability or impairment.
(3)The public guardian may decide the regularity or frequency of visits to the child.
(1)A community visitor (child) for a visitable site must regularly visit the visitable site to perform the visitor's functions.
(2)The public guardian may decide priorities for visiting particular visitable sites that affect the frequency of visits to a visitable site by a community visitor (child).
(d)inform a carer of the child that the child wishes to communicate with a particular community visitor (child).
(2)If subsection (1)(b) applies, the authorised officer must tell the public guardian about the request as soon as practicable.
(3)If subsection (1)(c) applies, the carer must tell the public guardian about the request as soon as practicable.
(4)If subsection (1)(d) applies, the carer must take reasonable steps to inform the particular visitor about the request as soon as practicable.
(5)A community visitor (child) must comply with a request to visit the child at the visitable home, or communicate with the child, as soon as practicable after being informed of the request.
(6)A person does not commit an offence only by failing to comply with subsection (2), (3), (4) or (5).
(c)inform a staff member of the site that the child wishes to communicate with a particular community visitor (child).
(2)If subsection (1)(b) applies, the staff member must tell the public guardian about the request as soon as practicable.
(3)If subsection (1)(c) applies, the staff member must take reasonable steps to inform the particular visitor about the request as soon as practicable.
(4)A community visitor (child) must comply with a request to visit a site, or communicate with a child staying at a site, as soon as practicable after being informed of the request.
(5)A community visitor (child) does not commit an offence only by failing to comply with subsection (4).
(b)the entry is authorised by a warrant.
(b)enter part of the home the visitor reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.
(1)This section applies if a community visitor (child) intends to ask a person who is a carer staying at a visitable home to consent to the visitor entering the home under section 61(1)(a).
(b)that the person is not required to consent.
(3)If the consent is given, the visitor may ask the person to sign an acknowledgement of the consent.
(d)the time and date the consent was given.
(5)If the person signs the acknowledgement, the visitor must immediately give a copy to the person.
the onus of proof is on the person relying on the lawfulness of the entry to prove a person mentioned in paragraph (a) consented.
(1)The public guardian may apply to a magistrate for a warrant for a visitable home at which a child under care is staying.
(2)The application must be sworn and state the grounds on which the warrant is sought.
(3)The magistrate may refuse to consider the application until the public guardian gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
The magistrate may require additional information supporting the application to be given by statutory declaration.
(1)The magistrate may issue a warrant only if the magistrate is satisfied a community visitor (child) can not properly carry out 1 or more of the visitor's functions in relation to the child without gaining entry to the visitable home.
(c)the date, within 14 days after the warrant's issue, the warrant ends.
(1)This section applies if a community visitor (child) named in a warrant issued under section 64 for a visitable home is intending to enter the home under the warrant.
(d)give the person an opportunity to allow the visitor immediate entry to the home without using force.
(d)require a carer staying at the home to give the visitor reasonable help to exercise the visitor's powers under paragraphs (a) to (c).
(2)A person must comply with a requirement under subsection (1)(d).
(3)A person does not commit an offence only by failing to comply with a requirement under subsection (1)(d).
(i)require a staff member of a visitable site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (h).
(2)A person who complies with a requirement under subsection (1)(f) or (i) does not incur any liability, either to the child or anyone else, because of the compliance.
(3)A person must comply with a requirement under subsection (1)(f) or (i) unless the person has a reasonable excuse.
(4)It is a reasonable excuse for a person not to comply with a requirement under subsection (1)(f) or (i) because compliance with the requirement might tend to incriminate the person.
(5)If the visitable site is a corrective services facility or detention centre, it is a reasonable excuse for a person not to comply with a requirement under subsection (1)(f) or (i) if the disclosure of the information could reasonably be expected to prejudice the security or good order of the facility or centre.
(6)If the visitable site is a corrective services facility, the exercise of power under this section is subject to any direction or procedure given or made by the chief executive (corrective services) to facilitate the effective and efficient management of corrective services.
(7)If the visitable site is a detention centre, the exercise of power under this section is subject to any direction given or made by the chief executive (youth justice services) for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.
(1)This section applies if the public guardian considers a community visitor (child) can not adequately perform 1 or more of the visitor's functions by entering a visitable site during normal hours.
(2)The public guardian may authorise the visitor to enter the visitable site outside normal hours to perform the function or functions.
A community visitor (child) may ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor's functions.
(b)respects the wishes of any of the children staying at the home who does not wish to communicate with the visitor.
(b)respects the wishes of any of the children who does not wish to communicate with the visitor.
(2)If the visitor entered a visitable site outside normal hours, the visitor must state the authority for the entry in the report.
A community visitor (child) is subject to the public guardian's directions in the exercise of a power.
(1)A carer at a visitable home or a staff member of a visitable site must not open, read, copy or remove any correspondence sent, or being sent, between a community visitor (child) and a child staying at the site or home, unless the child asks the staff member or carer to do so.
visitable site does not include a corrective services facility where a child is staying.
See the Corrective Services Act 2006, chapter 2, part 2, division 4, subdivision 1 for provisions dealing with a prisoner's mail.
(1)This section applies to an NDIS provider or a registered NDIS provider that provides a child accommodation service to a child, under the child's participant's plan, for the purpose of providing respite services in relation to the child.
(2)The NDIS provider or registered NDIS provider must give the public guardian, in the way and at the times prescribed by regulation, required information that is in the provider's custody or control, unless the provider has a reasonable excuse.
NDIS provider see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.
required information means information about the provision of the child accommodation service prescribed by regulation.
A child advocacy officer may perform child advocate functions for a relevant child.
(iii)the entry is authorised by a warrant.
(b)enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the person.
(1)This section applies if the public guardian considers a child advocacy officer can not adequately perform 1 or more of the officer's functions by entering a visitable site during normal hours.
(2)The public guardian may authorise the officer to enter the visitable site outside normal hours to perform the function or functions.
(c)at any reasonable time, require a staff member of the site to give the officer reasonable help, if it is practicable to give the help, to exercise the officer's powers under paragraph (a) or (b).
(2)A staff member must comply with a requirement under subsection (1)(c), unless the staff member has a reasonable excuse.
Maximum penalty for subsection (2)—40 penalty units.
(1)If the visitable site under section 74 or 76 is a corrective services facility, the exercise of power under the section is subject to any direction or procedure given or made by the chief executive (corrective services) to facilitate the effective and efficient management of corrective services.
(2)Sections 74 and 76 are subject to any direction given by the chief executive (youth justice services) for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.
(1)This section applies if a child advocacy officer intends to ask a person who is in charge of a place (other than a visitable site) where a relevant child is staying to consent to the officer entering the place under section 74(1)(b)(i).
(3)If the consent is given, the officer may ask the person to sign an acknowledgement of the consent.
(5)If the person signs the acknowledgement, the officer must immediately give a copy to the person.
(1)The public guardian may apply to a magistrate for a warrant for a place (other than a visitable site) where a relevant child is staying.
(1)The magistrate may issue a warrant for a place (other than a visitable site) where a relevant child is staying only if the magistrate is satisfied a child advocacy officer can not properly carry out 1 or more of the officer's functions without gaining entry to the place.
(1)This section applies if a child advocacy officer named in a warrant issued under section 80 for a place where a relevant child is staying is intending to enter the place under the warrant.
(d)give the person an opportunity to allow the officer immediate entry to the place without using force.
(d)require a carer staying at the place or someone else who is in charge of the place to give the officer reasonable help to exercise the officer's powers under paragraphs (a) to (c).
(1)In performing a function or exercising a power in relation to a visitable site, a child advocacy officer must act in a way that respects, as far as practicable, the privacy of children staying at the site.
(2)In performing a function or exercising a power in relation to a place where a relevant child is staying, a child advocacy officer must act in a way that respects, as far as practicable, the privacy of persons staying at the place and does not cause them unnecessary inconvenience.
The purpose of this part is to authorise and facilitate an appropriate exchange of information, including confidential information about a child and a child's circumstances, between a prescribed entity and the public guardian to help the public guardian perform child advocate functions in relation to relevant children.
(b)the person was appointed by Legal Aid Queensland to separately represent the child.
(s)another entity prescribed under a regulation.
(1)The public guardian may ask a prescribed entity for particular information in the entity's possession or control for the purpose of this part.
(2)Subject to this section, the prescribed entity must comply with the request.
(3)However, if the prescribed entity is the director of public prosecutions or the chief executive officer of Legal Aid Queensland, the information to be made available by the director or chief executive officer must not relate to anyone or anything other than a child and the child's circumstances.
If the director of public prosecutions is prosecuting a parent of the child for an offence against the child, the director is not required to provide information about the prosecution of the parent. Similarly, if Legal Aid Queensland is also representing a parent of the child, Legal Aid Queensland is not required to provide information relevant to the parent's representation.
(4)For subsection (1), information is not taken to be in the prescribed entity's control merely because of an agreement between the prescribed entity and another entity under which the other entity must give the information to the prescribed entity.
(5)A prescribed entity may refuse to comply with a request under this section to provide information that is subject to legal professional privilege.
(e)endanger a person's life or physical safety.
(7)The prescribed entity is not required to satisfy itself that the request for particular information is made for the purpose of this part.
(1)The public guardian may use information obtained under this part or another law to help the public guardian discharge the public guardian's child advocate functions in relation to a child.
(j)to support or make submissions on behalf of a child at a court or tribunal hearing.
(3)Without limiting subsection (1), the public guardian may also use the information to help decide the children receiving visits from community visitors (child) under part 2 or the frequency of the visits.
89Chief executive (child safety) to advise public guardian when child is subject to particular orders, etc.
(b)becoming aware that a child is subject to an order, intervention or agreement of a kind mentioned in section 52(1).
(2)The chief executive (child safety) must advise the public guardian as soon as practicable after becoming aware that the child is no longer the subject of an order, intervention or agreement of a kind mentioned in section 52(1).
(c)a decision about an authority under section 137, 138, 140, 140AG(3) or (4) or 140AH of that Act.
Reviewable decisions under the Child Protection Act are in schedule 2 of that Act. See schedule 3, definition reviewable decision of that Act.
The public guardian may disclose information, including confidential information, about a child or a child's circumstances to a prescribed entity to protect, in the performance of child advocate functions, the rights and interests of the child.
(1)The public guardian may, under arrangements made with the chief executive (child safety), make information, including confidential information about a child, gained in the administration of this Act, available to officers of the child safety department for the purposes of the Child Protection Act.
(2)Without limiting subsection (1), the arrangement may provide for the electronic transfer of information, including on a daily basis.
(1)This section applies if a person, acting honestly, gives information in compliance with this part.
(2)The person is not liable, civilly, criminally or under an administrative process, for giving the information.
(1)This part does not limit a power or obligation under another Act or law to give information.
(2)Subject to the Child Protection Act, sections 186, 189, 193 and 194 this part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.
(3)Information obtained by the public guardian under another law may be used by the public guardian to protect, in the performance of child advocate functions, the rights and interests of a child.
(1)The public guardian is appointed by the Governor in Council on the recommendation of the Minister.
(2)The Minister may recommend a person for appointment only if the Minister is satisfied the person has demonstrated qualities of leadership, management and innovation in a senior government or private sector role.
(b)the rights and interests of, or the provision of services or facilities to, children.
The public guardian is appointed under this Act and not under the Public Service Act 2008.
(1)For selecting a person for recommendation for appointment as public guardian, the Minister must advertise for applications from appropriately qualified persons to be considered for selection.
(2)The Minister may recommend to the Governor in Council a person for appointment as public guardian only if subsection (1) has been complied with for the appointment.
(3)Subsections (1) and (2) do not apply to the reappointment of a person as the public guardian.
Subject to this part, the public guardian holds office for a term of not longer than 5 years.
However, the public guardian may be reappointed—see the Acts Interpretation Act 1954, section 25(1)(c).
(1)The public guardian is to be paid the remuneration and allowances decided by the Governor in Council.
(2)The public guardian holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(b)if the public guardian is suspended by the Minister under subsection (4)—during the period of suspension.
(2)The Governor in Council may, at any time, remove the public guardian from office on the recommendation of the Minister.
(c)has neglected his or her duties or performed them incompetently.
(b)the Minister is satisfied a matter has arisen in relation to the public guardian that may be grounds for removal under this section.
(1)This section applies if a public service officer is appointed as the public guardian.
(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as public guardian were a continuation of service as a public service officer.
(3)At the end of the person's term of office or on resignation as the public guardian, the person's service as public guardian is taken to be service of a like nature in the public service for deciding the person's rights as a public service officer.
(1)If there is a vacancy in the office of public guardian or the public guardian is absent or for any other reason is unable to perform the functions of the office, the Minister may appoint a person to act as public guardian for a period of not more than 6 months.
(2)A person can not be appointed to act as the public guardian unless the Minister could recommend the person be appointed as public guardian under section 94.
(b)by the Governor in Council in other circumstances.
(4)The Governor in Council may at any time cancel the appointment of a person to act as public guardian.
(1)An office called the office of the public guardian is established.
(2)The office of the public guardian consists of the public guardian and the staff of the office.
(1)The public guardian is to control the office.
(2)Subsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring that the office is supplied with the administrative support services that it requires to carry out its functions effectively and efficiently.
The public trustee also provides the public guardian with financial and other resources approved by the Minister. See the Public Trustee Act 1978, s 63A.
(1)The staff of the office are employed under the Public Service Act 2008.
(b)a person holding appointment as a community visitor.
105Consultation and employment of professionals, etc.
(1)In performing the public guardian's functions, the public guardian may consult with, employ, and remunerate the medical, legal, accounting or other professionals the public guardian considers necessary.
(b)cooperate with any service provider or other entity providing services or dealing with issues affecting children.
The public guardian may enter into arrangements to secure a service provider's cooperation to obtain information about services or issues affecting children.
(3)The public guardian is entitled to reimbursement from an adult for remuneration paid under subsection (1) in relation to the adult.
(1)The public guardian may, in writing, authorise an entity (an external contractor) to perform a child advocate function (authorised function) the public guardian may perform under this Act.
(c)to apply for a warrant under section 79.
(3)When performing an authorised function, an external contractor has the same powers as the public guardian, including a power of delegation, but not including the power to authorise an external contractor under subsection (1).
(b)imposing particular duties on the external contractor's employees.
(5)The authorisation of an external contractor to perform an authorised function does not relieve the public guardian of the public guardian's obligation to ensure the function is properly performed.
(6)Laws apply to the external contractor, and to persons in relationship to the external contractor, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the external contractor were the public guardian.
entity does not include a public service employee.
(c)the Minister were the responsible Minister.
(c)a person employed by the contractor were a person holding an appointment in a unit of public administration.
(b)a decision of an administrative character made, proposed to be made, or required to be made, by the contractor or a person employed by the contractor, whether or not in the exercise of a discretion, were a decision to which that Act applies.
(d)the Minister were the responsible Minister.
(c)the holder of a specified office, prescribed by regulation, of the contractor were the chief executive officer of the contractor.
(1)The public guardian may appoint an appropriately qualified person to review an external contractor's performance of its authorised functions.
(c)anything else stated in the appointment.
(3)The person must prepare a report on the review for the public guardian and give it to the public guardian.
(2)An appointment may be on a full-time, part-time or casual basis.
(1)A person is eligible for appointment as a community visitor (adult) only if the public guardian considers the person has knowledge, experience or skills needed to perform the functions of a community visitor (adult).
(i)is a consultant engaged by the NDIS commissioner under the National Disability Insurance Scheme Act 2013 (Cwlth), section 181V.
(b)reflecting the social and cultural diversity of the general community.
(4)A community visitor (adult) is appointed under this Act and not under the Public Service Act 2008.
(5)For subsection (2), a person is taken to have a direct pecuniary interest if the person's spouse has a direct pecuniary interest.
(1)A person is eligible for appointment as a community visitor (child) only if the public guardian considers the person has the knowledge, experience or skills needed to perform the functions of a community visitor (child).
(j)is a consultant engaged by the NDIS commissioner under the National Disability Insurance Scheme Act 2013 (Cwlth), section 181V.
(b)reflecting the social and cultural diversity of children in Queensland.
(4)A community visitor (child) is appointed under this Act and not under the Public Service Act 2008.
A person is eligible for appointment as a child advocacy officer only if the person is a member of the public guardian's staff and the public guardian considers the person has the knowledge, experience or skills needed to perform the functions of a child advocacy officer.
(1)A community visitor holds office for a term of not longer than 3 years stated in the visitor's instrument of appointment.
A community visitor may be reappointed—see the Acts Interpretation Act 1954, section 25(1)(c).
(2)A community visitor may resign office by signed notice of resignation given to the public guardian.
(d)has been found guilty of an offence the public guardian considers makes the person unsuitable to perform the duties of a community visitor.
(b)the public guardian needs to make investigations about the person to help the public guardian decide whether the person is suitable to continue to be a community visitor.
(c)the day that is 30 days after the day the suspension starts.
(6)The public guardian must terminate the appointment of a community visitor (adult) if the public guardian is satisfied the visitor is a person who may not hold office as a community visitor (adult) under section 110(2).
(7)The public guardian must terminate the appointment of a community visitor (child) if the public guardian is satisfied the visitor is a person who may not hold office as a community visitor (child) under section 111(2).
(1)The public guardian must decide the remuneration and allowances payable to community visitors.
(2)A community visitor is entitled to be paid the remuneration and allowances decided by the public guardian.
(3)To the extent this Act does not state the terms on which a community visitor holds office, the visitor holds office on the terms decided by the public guardian and stated in the visitor's instrument of appointment.
(4)This section applies subject to the Industrial Relations Act 2016 and any relevant industrial instrument under that Act.
(c)by written notice of the public guardian given to the visitor or officer.
(2)Notice under subsection (1)(c) may be given orally, but must be confirmed in writing as soon as practicable after it is given.
(1)The public guardian must give each community visitor and each child advocacy officer an identity card.
(e)state the expiry date for the card.
A person who ceases to be a community visitor or child advocacy officer must return the person's identity card to the public guardian within 21 days after ceasing to be a community visitor or child advocacy officer, unless the person has a reasonable excuse.
(b)has the visitor's or officer's identity card displayed so it is clearly visible to the other person.
(b)if the person has a criminal history—the person's complete criminal history.
(1)The public guardian may make investigations about a person to help the public guardian decide whether the person is suitable to be a community visitor or child advocacy officer.
(2)Without limiting subsection (1), the public guardian may ask the commissioner of the police service for a written report about the criminal history of the person.
(3)The commissioner must give the report to the public guardian.
(4)However, the report is required to contain only criminal history the commissioner has, or has access to.
(1)This section applies if there is a change in the criminal history of a community visitor or child advocacy officer.
(2)The visitor or officer must immediately disclose the details of the change to the public guardian.
(3)The disclosure under subsection (2) must be in the approved form.
(d)for a conviction—whether or not a conviction was recorded and the sentence imposed on the visitor or officer.
(5)For a visitor or officer who does not have a criminal history, there is taken to be a change in the visitor's or officer's criminal history if the visitor or officer acquires a criminal history.
(b)give the public guardian an approved form under section 121 that is false, misleading or incomplete in a material particular.
Maximum penalty—100 penalty units or 2 years imprisonment.
(b)otherwise gives the information in the approved form to the best of the visitor's or officer's ability.
(1)This section applies to information obtained by the public guardian about a person under section 120 from the commissioner of the police service.
(b)allow the person a reasonable opportunity to make representations to the public guardian about the information.
(1)This section applies to the public guardian in considering information about a person received under this part.
(2)The information must not be used for any purpose other than assessing the person's suitability to be a community visitor or child advocacy officer.
(c)anything else the public guardian considers relevant to the assessment of the person.
(1)The public guardian must make guidelines, consistent with this Act, for dealing with information obtained by the public guardian under this part.
(c)decisions about the suitability of persons, based on the information, are made consistently.
(3)The public guardian must give a copy of the guidelines, on request, to a community visitor or child advocacy officer.
(b)give a copy of the report to the Minister.
(ii)the types of issues, affecting the rights and interests of the minors, raised by the visitors.
(3)The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.
To remove any doubt, it is declared that the public guardian is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009.
(c)a reviewable child protection decision.
(2)For paragraph (b) of the definition reviewable decision in subsection (1), a failure by the chief executive (child safety) to decide to take a step for the purpose mentioned in that paragraph is taken to be a decision not to take the step.
(b)in relation to a failure to take action or to decide to take a step as mentioned in subsection (2)—the chief executive (child safety) actually makes a reviewable decision and the reviewable decision does not resolve the matter to the public guardian's satisfaction.
(4)For section 133, the amended or substituted reviewable decision, or the reviewable decision actually made, becomes the reviewable decision.
(1)A reference in this part to the public guardian includes a reference to someone authorised in writing by the public guardian for this part.
(2)A person authorised in writing by the public guardian for this part must, if asked, produce evidence of the authorisation.
(ii)to make submissions, call witnesses and test evidence, including by cross-examining witnesses.
(2)If the public guardian intends to attend at a conference or mediation or appear before the tribunal, the public guardian must give written notice of the intention to the principal registrar of the tribunal registry within a reasonable time before the conference, mediation or appearance.
(3)However, a failure to give notice as required under subsection (2) does not prevent the public guardian attending at the conference or mediation or appearing before the tribunal.
(1)This section applies only to child protection matters identified by the public guardian under an arrangement agreed with the principal registrar of the tribunal registry.
(2)At least 7 days before the hearing of a child protection matter of a type agreed under subsection (1), the principal registrar must give notice of the hearing to the public guardian.
(3)The tribunal may, by direction under the QCAT Act, section 62, reduce the time stated in subsection (2).
(1)This section applies to a proceeding in relation to a child protection matter mentioned in section 131 at which the public guardian appears or intends to appear.
subject to subsection (3), the public guardian must be given a reasonable opportunity to access the document or thing before, during or after a hearing.
(3)However, the public guardian may access a document filed in the registry or a document or thing produced to the tribunal under an order under section 63 only if a party to the proceeding may also access the document or thing.
(4)If a party to whom a document or thing has been produced fails to give the public guardian access to the document or thing, the tribunal may, on the public guardian's application, make an order requiring the party to give the public guardian access to the document or thing.
(5)Without limiting section 130(1)(b), the public guardian may make submissions about a document or other information accessed under this section.
(6)This section has effect despite the Child Protection Act, section 99ZF.
(7)However, the tribunal may displace the right to access a document or other information only by a confidentiality order.
confidentiality order see the Child Protection Act, section 99ZD.
(b)has been unable to resolve the matter with the chief executive (child safety) to the public guardian's satisfaction.
(2)The public guardian may apply, on behalf of the child or on the public guardian's own initiative, to the tribunal to have the reviewable decision reviewed.
(3)The public guardian may apply to the tribunal only if the public guardian is satisfied that to do so would be in the child's best interests.
(d)the public guardian intends to apply to the tribunal for a review of the decision.
(1)This section applies to a proceeding under or in relation to this Act and for any other purpose.
(2)A certificate signed by the public guardian that an identified child is or was a relevant child at a stated time or during a stated period is proof that the child is or was a relevant child at the stated time or during the stated period.
(1)This section applies to a proceeding under or in relation to this Act.
the appointment or authority must be presumed.
(3)A signature purporting to be the signature of the public guardian, a community visitor or child advocacy officer is evidence of the signature it purports to be.
(b)on a stated day, a stated person was given a stated notice under this Act.
A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886.
(b)1 year after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed.
A person must not state anything to the public guardian the person knows is false or misleading in a material particular.
(1)A person must not give the public guardian a document containing information the person knows is false or misleading in a material particular.
(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.
(1)This section applies to confidential information.
(b)recklessly disclose the information to anyone.
(h)a person authorised in writing by the public guardian under section 129.
(j)if the confidential information relates to a child—for a purpose related to protecting the child's rights and interests, including the child's wellbeing or protection.
(1)This section applies to a person (the receiver) who is given confidential information under section 140(4).
(2)The receiver must not use or disclose the information to anyone else.
(b)if the use or disclosure is otherwise required or permitted by law.
(1)Section 140 does not prevent the public guardian from disclosing information to the public or a section of the public about an issue the subject of an investigation by the public guardian if the public guardian is satisfied the disclosure is necessary and reasonable in the public interest.
(b)may decide the disclosure is necessary and reasonable in the public interest despite the entity not being given notice of the information and an opportunity to comment on it.
(b)the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.
(2)The person must not contravene the undertaking.
(3)If the person contravenes the undertaking and by contravening it also contravenes the Child Protection Act, section 189, the person may be prosecuted under this section or the Child Protection Act, section 189 at the election of the prosecution.
(b)on behalf of a relevant child, refer a complaint about the services to a complaints agency or other government service provider.
(b)a decision not to investigate or to continue to investigate the complaint and the reasons for the decision.
(3)The complaints agency or government service provider must comply with a request for information from the public guardian under subsection (2).
(4)Subsection (3) applies despite any express provision in an Act establishing a complaints agency that makes it an offence for anyone involved with administration of the Act to disclose the information.
Paragraph (a) is an uncommenced amendment—see 2019 Act No. 5s 164.
(d)the ombudsman under the Ombudsman Act 2001.
service provider includes an entity providing a service under an arrangement that involves a written agreement to which the service provider is a party.
(1)An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act, the Guardianship Act or the Powers of Attorney Act.
(2)If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
(3)However, no-one, including the State, is liable for an honest report by a community visitor under section 47 or 70.
(d)a person acting under the direction of the public guardian or a member of the public guardian's staff.
(b)another individual, including a community visitor, who the public guardian considers is an appropriately qualified person to perform the functions or exercise the powers delegated to the person.
(2)A person exercising the public guardian's mediation or conciliation power under a delegation must, if asked, produce evidence of the delegation.
This is despite an adult's health provider not being eligible to be appointed as the adult's guardian or administrator (see the Guardianship Act, section 14(1) (Appointment of 1 or more eligible guardians and administrators)) or as the adult's attorney (see the Powers of Attorney Act, section 29 (Meaning of eligible attorney)).
(d)1 of the persons who could be eligible to be the adult's statutory health attorney.
day-to-day decision means a minor, uncontroversial decision about day-to-day issues that involves no more than a low risk to the adult.
The public guardian may approve forms for use under this Act.
The Governor in Council may make regulations under this Act.
commencement means 1 July 2014.
commissioner has the meaning given by the former Act.
community visitor has the meaning given by the former Act.
former Act means the Commission for Children and Young People and Child Guardian Act 2000 as in force immediately before the commencement.
identity card means an identity card issued under section 110 of the former Act.
reviewable decision has the meaning given by the former Act, section 369.
staff member has the meaning given by the former Act.
visitable home has the meaning given by the former Act.
visitable site has the meaning given by the former Act.
In this part, a reference to a repealed section by number is a reference to the repealed section of that number of the former Act.
(b)the staff member had not informed the commissioner of the request before the commencement.
(2)The staff member must inform the public guardian of the request as soon as practicable.
(b)a staff member at a visitable site advises the public guardian of a request under subsection (2).
(4)The public guardian must arrange for a community visitor (child) to visit the child at the visitable site as soon as practicable to perform the visitor's functions under section 56.
(b)the carer had not informed the commissioner of the request before the commencement.
(2)The carer must inform the public guardian of the request as soon as practicable.
(3)The carer does not commit an offence only by failing to comply with subsection (2).
(b)a carer of a child residing in a visitable home advises the public guardian of a request under subsection (2).
(5)The public guardian must arrange for a community visitor (child) to visit the child at the visitable home as soon as practicable to perform the visitor's functions under section 56.
(c)on the commencement, the community visitor is appointed a community visitor (child).
(2)The community visitor must prepare and give the report to the public guardian as soon as practicable after the commencement.
(3)A report given to the public guardian under this section is taken to be a report given under section 70.
(2)The community visitor may give, or prepare and give, the advice or report to the public guardian.
A warrant issued by a magistrate on the application of a community visitor under repealed section 97 in relation to a visitable home and in force on the commencement continues to have effect according to its terms except that it may be executed by the stated community visitor as if it had been issued under section 64 to the stated community visitor as a community visitor (child).
(1)This section applies to a person who, immediately before the commencement, held appointment as a community visitor under repealed section 107.
(b)the end of 30 September 2014.
(3)The terms of the person's appointment as a community visitor under the former Act are taken to be the terms of the person's appointment as a community visitor (child) under this Act, with necessary changes, until changed by the public guardian under this Act.
(4)If the person is appointed as a community visitor (child) under section 109 before the end of 30 September 2014, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the ending of the person's appointment as a community visitor under subsection (2)(a).
(5)If the person is not appointed as a community visitor (child) under section 109 before the end of 30 September 2014, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the ending of the person's appointment as a community visitor under subsection (2)(b), other than as expressly provided for under the person's terms of appointment or the Industrial Relations Act 1999.
(6)For the purpose of working out the person's entitlements under the Industrial Relations Act 1999, employment by the commissioner and employment by the public guardian are taken to be employment by the same employer.
(7)A notice under the Industrial Relations Act 1999 given by a person holding appointment as a community visitor under repealed section 107 immediately before the commencement to the commissioner as the person's employer is taken to have been given to the public guardian.
(8)If, under the person's instrument of appointment as a community visitor, a decision about an entitlement was required to be made by the commissioner or assistant commissioner, the decision must now be made by the public guardian.
(1)This section applies to a person who ceased to be a community visitor before the commencement and has not returned the person's identity card to the commissioner before the commencement.
(2)The person must return the person's identity card to the public guardian as soon as possible after the commencement (but within 21 days), unless the person has a reasonable excuse.
(b)the reviewable decision had not been reviewed.
(b)the review may proceed as if the application had been made under section 133.
In an Act or document, a reference to the adult guardian is, if the context permits, taken to be a reference to the public guardian.
In this part, a reference to a repealed section by number is a reference to the repealed section of that number of the Guardianship Act.
The public guardian is the successor in law of the adult guardian.
(1)The person who, immediately before the commencement, held the office of adult guardian goes out of office.
(2)However, the person holding the office of adult guardian before the commencement is to be offered appointment to the office of public guardian effective on the commencement.
(3)Subsection (2) applies despite section 96.
(4)The Minister must give the person a written notice stating the conditions decided by the Governor in Council for appointment to the office.
(b)no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian's office.
(6)If the person does not consent to hold office as public guardian, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian's office, other than as expressly provided for under the person's contract of employment.
(7)It is declared that subsection (6) does not limit or otherwise affect the person's right to a benefit or entitlement that, under the person's contract, had accrued or was accruing immediately before the commencement.
(b)the termination is other than by the person.
(9)Nothing in this section displaces the operation of the Acts Interpretation Act 1954, section 17.
(1)A delegation made by the adult guardian under repealed section 177(1), (2) or (4) and in force immediately before the commencement continues in force, with necessary changes, as if the delegation had been made by the public guardian under section 146.
(2)A delegation mentioned in subsection (1) ends 12 months after the commencement unless earlier revoked by the public guardian.
(1)This section applies if, under repealed section 178, the adult guardian consulted or employed a professional under a contract that was in force immediately before the commencement.
(2)The contract continues in force according to its terms (with necessary changes) as if it had been entered into by the public guardian under section 105.
(1)An attorney, guardian or administrator who, immediately before the commencement, is subject to the adult guardian's supervision under a written notice given under repealed section 179 continues to be subject to the public guardian's supervision in accordance with the written notice as if the notice had been given by the public guardian under section 18.
(2)A requirement made of an attorney under repealed section 179 to present a plan of management for approval that has not, on the commencement, been complied with continues to have effect according to its terms as if the notice had been given by the public guardian under section 18.
A complaint or allegation made to the adult guardian under repealed section 180 that has not been investigated or fully investigated on the commencement may be investigated by the public guardian under section 19.
(1)This section applies if the adult guardian delegated the adult guardian's powers under repealed chapter 8, part 2 (other than the power to give notice under section 185(1) or 189) to a person to investigate a complaint or allegation and the investigation had not been completed on the commencement.
(2)The person may continue to carry out the investigation, make a written report and give a copy of the report to the public guardian as if the delegation had been given by the public guardian under section 20.
A written notice given by the adult guardian to an attorney or an administrator under repealed section 182 that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 21.
A written notice given by the adult guardian under repealed section 183(2) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 22.
A written notice given by the adult guardian under repealed section 184(1) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 23.
A written notice given by the adult guardian under repealed section 185(1) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 25.
(b)the public guardian may examine the person when the person attends before the court under the subpoena.
(1)A written notice under repealed section 189(1) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 29(1).
the public guardian may, by written notice under section 29(1), require a person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.
(3)A written notice under repealed section 189(2) that has not been complied with on the commencement continues to have effect according to its terms (with necessary changes) as if the notice had been given by the public guardian under section 29(2).
the public guardian may, by written notice under section 29(2), require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.
(1)This section applies if the adult guardian carried out or was carrying out an investigation or audit under repealed section 189 and had not made and given a written report about the investigation or audit to a person under repealed section 193.
(2)If the investigation or audit was not completed, or a copy of the report was not made and given to a person under repealed section 193, before the commencement, the public guardian may complete the investigation or audit and make and give a copy of the report to the person under section 31.
A proceeding commenced by the adult guardian under repealed section 194 and not finalised before the commencement may be continued by the public guardian.
A written notice given by the adult guardian to an attorney under repealed section 195 and in force immediately before the commencement continues to have effect according to its terms (with necessary changes) as if it had been given by the public guardian under section 34.
A warrant issued under repealed section 197 and in force on the commencement continues to have effect according to its terms (with necessary changes) and may be executed by the public guardian as if it had been issued under the Guardianship Act, section 149.
(1)The public guardian must prepare an annual report on the performance of the adult guardian's functions for the reporting year 2013–2014.
(2)The public guardian must give a copy of the report to the Minister on or before 1 November 2014.
(c)on the commencement, the community visitor is appointed a community visitor (adult).
(2)The community visitor may give, or prepare and give, the report to the public guardian.
(3)A report given to the public guardian under this section is taken to be a report given under section 41.
(b)the employed person had not informed the chief executive of the request before the commencement.
(2)The employed person must inform the public guardian of the request as soon as practicable.
(b)the person mentioned in subsection (2) informs the public guardian of a request under subsection (2).
(4)The public guardian must arrange for a community visitor (adult) to visit the consumer at the visitable site as soon as practicable to perform the visitor's functions under section 41.
An authority given by the chief executive under repealed section 228 that has not been acted on but is in force on the commencement is taken to be an authority given by the public guardian under section 45.
(b)the community visitor had not given the report to the chief executive before the commencement.
(3)The public guardian may deal with the report as if it had been prepared and given under section 47.
(b)the commissioner had not given the report to the chief executive before the commencement.
(2)The commissioner may give the report to the public guardian.
(1)A person holding appointment as a community visitor under repealed section 231 immediately before the commencement is taken to be a community visitor (adult) appointed under this Act on the commencement.
(2)The terms of the person's appointment as a community visitor under the Guardianship Act are taken to be the terms of the person's appointment as a community visitor (adult) under this Act, with necessary changes, until changed by the public guardian under this Act.
(3)For the purpose of working out the person's entitlements under this Act or the Industrial Relations Act 1999, employment by the chief executive under repealed section 231 and employment by the public guardian are taken to be employment by the same employer.
(4)A notice under the Industrial Relations Act 1999 given by a person holding appointment as a community visitor under repealed section 231 immediately before the commencement to the chief executive as the person's employer is taken to have been given to the public guardian.
(5)If, under the person's instrument of appointment as a community visitor, a decision about an entitlement was required to be made by the adult guardian or someone on the adult guardian's behalf, the decision must now be made by the public guardian.
(b)the suspension is in force immediately before the commencement.
(2)The suspension continues to have effect according to its terms as if the community visitor were a community visitor (adult) under this Act and the person's appointment had been suspended by the public guardian under section 113(4).
(3)The person's suspension is to be dealt with under this Act.
(1)This section applies to a person who ceased to be a community visitor before the commencement and has not returned the person's identity card to the chief executive before the commencement.
(1)The public guardian must prepare an annual report on the operations of community visitors (including the number of entries of visitable sites outside normal hours authorised by the chief executive) for the reporting year 2013–2014.
amending Act means the Disability Services and Other Legislation (NDIS) Amendment Act 2019.
former, in relation to a provision, means as in force immediately before the provision was amended or repealed under the amending Act.
former visitable site means a place that was a visitable site under former chapter 3, part 6 but is not a visitable site under chapter 3, part 6 as amended by the amending Act.
(b)immediately before the commencement, the community visitor (adult) had not reported to the public guardian on the matter.
(2)The community visitor (adult) must continue to perform the inquiry functions under section 41(2) in relation to the matter.
(b)the former visitable site were a visitable site under chapter 3, part 6.
(b)immediately before the commencement, a community visitor (adult) for the former visitable site had not resolved the complaint, or referred it, under former section 41(3).
(2)A community visitor (adult) for the former visitable site must perform the complaint functions mentioned in section 41(3) in relation to the complaint.
(1)This section applies if, before the commencement, a person made a request under former section 43(1)(a) or (b) in relation to a former visitable site.
(ii)the period that is 3 business days after the request is made had not ended.
(3)The staff member must, within 3 business days after the request is made, tell the public guardian about the request.
(ii)the former visitable site were a visitable site under chapter 3, part 6.
(1)An existing authorisation in relation to an existing complaint continues to have effect according to its terms and conditions.
existing authorisation means an authorisation given under former section 45 that was in effect immediately before the commencement.
existing complaint means a complaint in relation to which section 192 applies.
(1)This section applies if, before the commencement, a community visitor (adult) visited a former visitable site.
(b)the public guardian must, as soon as practicable after receiving a copy of the report, give a copy of the report to a person in charge of the site.
(3)If, immediately before the commencement, the public guardian had not complied with former section 47(3) in relation to a report on the visit, the public guardian must give a copy of the report to a person in charge of the site.
(4)Section 47(4) applies in relation to a copy of a report on the visit received by the public guardian before or after the commencement.
(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be started or continued, and a person may be convicted of and punished for the offence, as if the amending Act, section 62 had not commenced.
(3)Subsection (2) applies despite the Criminal Code, section 11.
administrator means an administrator appointed under the Guardianship Act.
adult, for chapter 3, see section 17.
adult guardian functions see section 12.
advance health directive means an advance health directive under the Powers of Attorney Act.
authorised function see section 106(1).
authorised mental health service, for chapter 4, see section 51.
(ii)who is conducting the stand-alone service and providing education and care of children in the course of the service.
chapter 5B approval, for chapter 3, part 6, see section 39.
chief executive (child safety) means the chief executive of the child safety department.
chief executive (corrective services) means the chief executive of the corrective services department.
chief executive (disability services) means the chief executive of the disability services department.
chief executive (education) means the chief executive of the education department.
chief executive (health) means the chief executive of the health department.
chief executive (housing) means the chief executive of the housing department.
chief executive (youth justice services) means the chief executive of the youth justice department.
child accommodation service, for chapter 4, see section 51.
child advocacy officer means a person appointed as a child advocacy officer under section 109.
child advocate functions see section 13.
Child Protection Act means the Child Protection Act 1999.
child protection matter means a matter in relation to a reviewable child protection decision.
child safety department means the department mainly responsible for child protection services.
child under care, for chapter 4, see section 51.
community services department means the department mainly responsible for community services.
(c)a community visitor (adult) and a community visitor (child).
complaint, for chapter 3, part 6, see section 39.
(b)statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.
consumer, for chapter 3, part 6, see section 39.
corrective services department means the department mainly responsible for corrective services.
corrective services facility, for chapter 4, see section 51.
(d)a finding of guilt against the person, or the acceptance of a plea of guilty by the person, by a court.
detention centre, for chapter 4, see section 51.
disability services department means the department mainly responsible for disabilities services.
education department means the department mainly responsible for education.
enduring document means an enduring power of attorney or an advance health directive.
enduring power of attorney means an enduring power of attorney under the Powers of Attorney Act.
external contractor see section 106(1).
financial matter see the Guardianship Act, schedule 2, section 1.
forensic disability service, for chapter 3, part 6, see section 39.
forensic examination, of an adult, see the Guardianship Act, schedule 4.
funded adult participant, for chapter 3, part 6, see section 39.
general principles see the Guardianship Act, schedule 1, part 1.
government entity means a government entity under the Public Service Act 2008, section 24, and includes the police service to the extent it is not a government entity under that section.
government service provider means a government entity or a local government.
guardian means a guardian appointed under the Guardianship Act.
Guardianship Act means the Guardianship and Administration Act 2000.
health care, see the Guardianship Act, schedule 2, section 5.
health care principle see the Guardianship Act, schedule 1, section 12.
health department means the department mainly responsible for hospitals.
health matter see the Powers of Attorney Act, schedule 2, section 4.
health provider means a person who provides health care in the practice of a profession or the ordinary course of business.
housing department means the department mainly responsible for housing services.
impaired capacity, for a person for a matter, see the Guardianship Act, schedule 4.
impairment, for chapter 3, part 6, see section 39.
independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, see the Child Protection Act 1999, schedule 3.
interested person, for a person, means a person who has a sufficient and continuing interest in the other person.
national disability insurance scheme means the National Disability Insurance Scheme under the National Disability Insurance Scheme Act 2013 (Cwlth).
national disability insurance scheme rules means the National Disability Insurance Scheme rules made under the National Disability Insurance Scheme Act 2013 (Cwlth), section 209.
NDIS agency means the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 (Cwlth), section 117.
NDIS commission means the NDIS Quality and Safeguards Commission established under the National Disability Insurance Scheme Act 2013 (Cwlth), section 181A.
NDIS commissioner means the Commissioner of the NDIS commission appointed under the National Disability Insurance Scheme Act 2013 (Cwlth), section 181L.
normal hours means the hours between 8a.m. and 6p.m.
participant's plan, for a person, means a plan for the person under the National Disability Insurance Scheme Act 2013 (Cwlth) that is in effect under section 37 of that Act.
personal matter, for an adult with impaired capacity for a matter, see the Guardianship Act, schedule 2, section 2.
power of attorney, for chapter 3, see section 17.
Powers of Attorney Act means the Powers of Attorney Act 1998.
prescribed department, for chapter 4, see section 51.
prescribed entities, for chapter 4, part 4, see section 86.
private dwelling house, for chapter 3, part 6, see section 39.
(b)wholly or partly administered by the State.
public advocate means the public advocate under the Guardianship Act.
public guardian means the person appointed as the public guardian under section 94.
public guardian's delegate for an investigation means a delegate of the public guardian under section 20(1).
registered NDIS provider see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.
relation, of an adult, for chapter 3, part 6, see section 39.
relevant child see section 52.
relevant class of supports, for chapter 3, part 6, see section 39.
residential facility, for chapter 4, see section 51.
(b)a regulated restrictive practice within the meaning of the national disability insurance scheme rules made for the National Disability Insurance Scheme Act 2013 (Cwlth), section 73H about conditions applying to registered NDIS providers in relation to the use of regulated restrictive practices.
reviewable decision, for chapter 6, part 1, see section 128.
service provider means a government service provider or private service provider.
special health care see the Guardianship Act, schedule 2, section 7.
special health matter see the Powers of Attorney Act, schedule 2, section 6.
specialist disability accommodation, for chapter 3, part 6, see section 39.
specialist positive behaviour support, for chapter 3, part 6, see section 39.
(c)another person who is employed, or providing services, at the site.
stand-alone service see the Education and Care Services Act 2013, section 9.
statutory health attorney see the Powers of Attorney Act, section 63.
tribunal registry means the registry established under the QCAT Act, section 207.
visitable home, for chapter 4, see section 51.
visitable location, for chapter 4, see section 51.
(b)in relation to a child—see section 51.
(b)for chapter 4, see section 51.
youth justice department means the department mainly responsible for youth justice.


Relatively little importance has been given to psychoanalytic understanding in the treatment of alcoholism. The aim of this paper is to review the work of the French psychoanalyst Michèle Monjauze and the implications of her ideas for the treatment of alcoholic patients. A clinical case concerning a Dutch novelist serves as an illustration. The conclusions of Monjauze are linked to the author's clinical experience.


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Rosalind Kainyah MBE is an advisor and speaker on Sustainability and responsible business in Africa and beyond. She is motivated by three beliefs:
seeking and pursuing justice and fairness for the marginalized and less fortunate (than her) leads to a more prosperous society for all;
by being good stewards of our environment and natural resources, our generation can meet its needs without compromising the ability of our children, grandchildren and great grandchildren to meet their own; and
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Underpinning these three beliefs is her strong commitment to integrity and ethics.
Rosalind has over 30 years of combined international legal, executive, operational, and board experience in a variety of sectors including the extractives industry, energy, private equity, financial services, healthcare, agriculture, consumer goods, manufacturing and technology. She is sought-after for her strategic insights and honest and pragmatic advice to business leaders.
Rosalind has advised or worked with companies and organisations including Linklaters, Anglo American, De Beers, Tullow Oil plc, the United Nations Environment Programme, University of Oxford's Environmental Change Unit and ERM on engagements across Africa, Europe, the Americas, Asia, and the South Pacific. She also mentors owners of small and medium enterprises.
Rosalind currently serves as a non-executive director on the boards of discoverIE plc, Gem Diamonds Limited, CalBank Plc, Lekela Power, BTE Renewables and WE Soda Ltd. In the not-for-profit sector, she is on the boards of the Africa Gifted Foundation and Results for Development. She has previously served on the Boards of Aker Energy, the Ghana Food & Drugs Authority, The Africa America Institute, and was the founding president of the Ghana Chapter of the International Women's Forum.
Rosalind begun speaking on Sustainability in the early 1990s. She has since been a speaker and participated in and moderated panels globally on various aspects of Sustainability.
Her insights have been featured in the Financial Times, Investor Relations Magazine, Africa Outlook, Energy Voice, George Washington Centre for Intelligence Business Education and Research and other publications.
Rosalind holds a Bachelor's degree in English from the University of Ghana, a Bachelor of Laws degree from the University of London and a Master of Laws degree from University College, London. She is a member of the Bar of England and Wales and of the Chartered Institute of Arbitrators.
2022: The Boardroom Africa named Rosalind as one of their "Women to Watch"
2021: Honoured by International Women's forum as a Woman Who Makes A Difference
2019: Selected as one of the top 50 leading female professionals by Cranfield University
2016: Named by Forbes Afrique Magazine as one of the 100 influential women on the African continent
2014: Awarded an MBE for services to CSR for the benefit of youth in Africa
2008: Recognised as one of Britain's most influential people of African and African Caribbean heritage by The Power List
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redpajama_set_name: RedPajamaCommonCrawl