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The Commission has released a discussion paper on the remaining issues in the Guardianship Review.  These include: the appointment of guardians and administrators; enduring powers of attorney; decisions about health care; the role of the Guardianship and Administration Tribunal, the Adult Guardian, the Public Advocate and community visitors; and appeals from Tribunal decisions.

The closing date for submissions is 11 December 2009.

If you are interested in contributing to this stage of the review, please visit our HAVE YOUR SAY page.

If you wish to be notified of updates and receive consultation papers on the Guardianship Review, please REGISTER YOUR INTEREST.

The Law Reform Commission has been asked by the Attorney-General to review Queensland’s guardianship legislation and make recommendations as to how it could be improved.

In Queensland, the guardianship legislation is contained in the Guardianship and Administration Act 2000 (Qld) and the Powers of Attorney Act 1998 (Qld).

The guardianship legislation regulates the making of decisions by, and on behalf of, adults with impaired capacity. It deals with issues such as:

The Commission, pursuant to the terms of reference is to conduct the review in two stages.

The first stage focused on the legislation’s confidentiality provisions.  The Commission completed this stage of the review in 2007, with its final report on the confidentiality provisions (including draft legislation to give effect to the Commission’s recommendations).  The Queensland Government has implemented most of these recommendations in the Guardianship and Administration and Other Acts Amendment Act 2008 (Qld).

Click here to see the Commission’s publications in stage one of the review.

The second stage of the review involves a review of the General Principles contained in the legislation, and of Queensland’s guardianship laws more generally, although particular regard will be had to the matters specified in the Commission’s terms of reference.

Click here to see the Commission’s publications in stage two of the review.

If you want to know more about guardianship generally, the Department of Justice and Attorney-General provides information about:

Guardianship complaints. The Queensland Law Reform Commission does not offer legal advice or handle complaints. It cannot intervene in individual cases. However, specific complaint handling mechanisms have been established by the Guardianship and Administration Tribunal, the Adult Guardian and the Public Trustee (these links will take you to other websites).

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Updated 11 November 2009