Queensland Law Society

Guardianship changes passed by Queensland Parliament

On 26 March 2019, the Queensland Parliament passed the Guardianship and Administration and Other Legislation Amendment Bill. The Bill was first introduced in 2017, before lapsing as a result of the calling of the Queensland election, and was reintroduced with substantially the same content in February 2018.

QLS made submissions on the Bill, appearing before a parliamentary committee in 2017 to highlight the Society’s support of efforts to improve the efficiency of Queensland’s guardianship system. In particular, QLS supported several proposals that were put forward in the Bill, including those to:

  • insert general and health care principles into the Guardianship and Administration Act 2000 (the Guardianship Act)
  • clarify the meaning of conflict transactions in the Guardianship Act
  • amend section 41 of the Powers of Attorney Act 1998, to provide a test for making an enduring power of attorney — it was suggested that the change does not go far enough to ensure a witnessing party is aware of the requirement of capacity and appropriately employs their discretion
  • make amendments to the Public Guardian Act 2014 to enable the Public Guardian to investigate a complaint or allegation, even after an adult’s death.

Read the complete QLS submission to the Bill. Parts 3, 5, 6 and 8, as well as schedule 1 of the Bill, will commence on a date to be fixed by proclamation.