Australian Capital Territory Numbered Acts

POWERS OF ATTORNEY ACT 2006 (NO. 50 OF 2006) - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     authorised deposit-taking institution

              •     child

              •     corporation

              •     domestic partner (see s 169 (1))

              •     exercise

              •     guardianship tribunal.

"affinity" means affinity derived through marriage or any other domestic partnership.

"attorney"—see section 6.

"bankrupt"—without limiting when a person becomes bankrupt, a person is taken to become bankrupt if the person takes advantage of a law of a foreign country corresponding to the Bankruptcy Act 1966 (Cwlth).

"close friend", of a person, means someone who has a close personal relationship with the person and a personal interest in the person's welfare.

"day hospital "means a facility where a person is admitted for surgical or medical treatment and discharged on the same day.

"disability care" means care that is provided to a person with a disability in a residential facility in which the person is also provided with accommodation that includes—

        (a)     appropriate staffing to meet the nursing and personal care needs of the person; and

        (b)     meals and cleaning services; and

        (c)     furnishings, furniture and equipment for the provision of the care and accommodation.

"decision-making capacity"—see section 9 (1).

"enduring power of attorney"—see section 8.

"general power of attorney"—see section 7.

"general principles"—see section 44 and schedule 1.

"health care", for a person who is a principal for a power of attorney—

        (a)     includes withholding or withdrawal of a life-sustaining measure for the principal if starting or continuing the measure for the principal would be inconsistent with good medical practice; but

        (b)     does not include—

              (i)     first-aid treatment; or

              (ii)     a non-intrusive examination made for diagnostic purposes; or

              (iii)     the administration of a pharmaceutical drug if—

    (A)     a prescription is not needed for the drug; and

    (B)     the drug is normally self-administered; and

    (C)     the administration is for a recommended purpose and at a recommended dosage level.

Example for par (b)

a visual examination of a principal's mouth, throat, nasal cavity, eyes or ears

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"health care facility" means a hospital, residential aged care facility or residential disability care facility.

Note     Hospital, residential aged care facility and residential disability care facility are defined in this dictionary.

"health care matter"—see section 12.

"health care provider", for a person who is a principal for a power of attorney, means a health professional who provides health care to the principal.

"health professional" means a person who provides health care in the practice of a profession or the ordinary course of business.

"hospital "means a public hospital, private hospital or day hospital.

"impaired decision-making capacity"—see section 9 (2).

"interested person", for chapter 7 (Guardianship tribunal, Supreme Court and proceedings and rights)—see section 74.

"invalidity", of a power of attorney or a power under a power of attorney, for chapter 6 (Protection and relief from liability)—see section 70.

"know", of the invalidity of a power of attorney or a power under a power of attorney, for chapter 6 (Protection and relief from liability)—see section 70.

"legal matter", for a person who is a principal for a power of attorney, means—

        (a)     the use of legal services for the principal's benefit; or

        (b)     bringing or defending a proceeding, including settling a claim before or after a proceeding starts, on behalf of the principal.

Examples of use of legal services

1     use of legal services to get information about the principal's legal rights

2     use of legal services to make a transaction

3     use of legal services to bring or defend a proceeding before a court, tribunal or other entity

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"liquidator", of an attorney, includes—

        (a)     the official manager of the attorney; or

        (b)     the receiver of the attorney's property; or

        (c)     the receiver and manager of the attorney's property; or

        (d)     the managing controller of the attorney's property.

"personal care matter"—see section 11.

"personal insolvency agreement"—without limiting when a person executes a personal insolvency agreement, a person is taken to execute a person insolvency agreement if the person executes an agreement under a law of a foreign country corresponding to the Bankruptcy Act 1966 (Cwlth).

"power of attorney"—

        (a)     means a general power of attorney or an enduring power of attorney; and

        (b)     for chapter 6 (Protection and relief from liability)—see section 70.

"principal", in relation to an attorney—see section 6.

"property" includes money and financial assets.

"property matter"—see section 10.

"relative", of a person (the related person), means—

        (a)     a person related by blood, affinity or adoption to the related person; or

        (b)     a domestic partner.

Note     For the meaning of domestic partner, see the Legislation Act, s 169.

"residential aged care facility" means a residential facility that provides residential care to residents at the facility.

"residential care"—see the Aged Care Act 1997 (Cwlth), section 41-3 (Meaning of residential care).

"residential disability care facility"—

        (a)     means a residential facility that provides disability care to people with disabilities; but

        (b)     does not include a residential aged care facility.

"special health care matter", for a principal—see section 37.

"special personal matter", for a principal—see section 36.

"will" includes a codicil.

I certify that the above is a true copy of the Powers of Attorney Bill 2006, which was passed by the Legislative Assembly on 21 November 2006.

Clerk of the Legislative Assembly

© Australian Capital Territory 2006

Australian Capital Territory

Australian Capital Territory

Powers of Attorney Act 2006

A2006-50