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Public Guardian Act 2014 – 2 January 2015

Public Guardian Regulation 2014 – 1 April 2016

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There must be a Public Guardian to protect the rights and interests of adults who have impaired capacity for a matter, and relevant children and children staying at a visitable site. The functions of the Public Guardian are set out in sections 12 and 13 of the Act. For the definition of ‘relevant child’, refer to section 52 of the Act. For the definition of ‘visitable site’, refer to section 51 of the Act.

  • Sections 3, 9, 10, 11, 12, 13, 14, 51, 52, 130, 144, Schedule 1

The Public Guardian may: (a) give advice to an adult’s attorney, guardian or administrator; (b) make an adult’s attorney, guardian or administrator subject to the public guardian’s supervision for a reasonable period; and (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 for an adult with impaired capacity for a matter.

  • Sections 16, 17, 18

The Public Guardian may investigate any complaint or allegation that an adult: (a) is being or has been neglected, exploited or abused; or (b) has inappropriate or inadequate decision-making arrangements.

  • Sections 19, 21, 22, 23, 24, 25, 29, 31, 33, 34, 35, 36

If a health provider who is treating a person over the age of 18 reasonably considers the person has impaired capacity for a matter and the person does not have an attorney, guardian or administrator for the matter; the health provider may advise the Public Guardian.

  • Section 37

A consumer at a visitable site (e.g. authorised mental health service that provides inpatient services), or a person for the consumer, may ask a staff member at the visitable site to arrange for a community visitor (adult) to visit the site to perform the visitor’s inquiry and complaint functions. For the definitions of ‘consumer’ and ‘visitable site’, refer to section 39 of the Act.

  • Sections 6, 39, 41, 42, 43, 44, 46, 47, 49; Regulation 3, Schedule 1

A child under care staying at a visitable home may ask a carer of the child to arrange for a community visitor (child) to visit the home to perform the visitor’s functions. In addition, a child staying at a visitable site ask a staff member of the site to arrange for a community visitor (child) to visit the site to perform the visitor’s functions. One of the visitor’s functions is to advocate on behalf of the child by listening to, giving voice to, and facilitating the resolution of, the child’s concerns and grievances. For the definitions of ‘child under care’, ‘visitable home’ and ‘visitable site’, refer to section 51 of the Act.

  • Sections 7, 50, 51, 54, 56, 57, 58, 59, 60, 70, 72
Reason for law

To establish the Public Guardian to promote and protect the rights and interests of: (a) adults with impaired capacity for a matter; and (b) relevant children and children staying at visitable sites. (Section 5)

Relevant links

Office of the Public Guardian

Brochures and fact sheets – Children and young people

Children and young people [Queensland Civil and Administrative Tribunal]

Guardianship for adults [Queensland Civil and Administrative Tribunal]

Trust your Instinct Campaign [Queensland Government]

Elder Abuse Prevention Unit

Queensland Aged and Disability Advocacy (QADA) Inc

Life Without Barriers

Cult Information and Family Support Inc. (CIFS)

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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