ADVANCE PERSONAL PLANNING AMENDMENT BILL 2016

A Bill for an Act to amend the Advance Personal Planning Act, to repeal the Aged and Infirm Persons' Property Act, and for related purposes

Division 1A Jurisdiction of Tribunal
56 Jurisdiction of Tribunal
67 Parties
69A Reasons may be given orally
76 Falsely representing to be decision maker
78 Improper exercise of authority by decision maker

79 Inducing decision maker to exercise authority improperly
Division 3 Transitional matters for Advance Personal Planning Amendment Act 2016

96 Offence provisions – before and after commencement
Division 6A Certain orders taken to be instruments for Land Title Act

35A Certain orders taken to be instruments for Land Title Act
Division 3 Transitional matters for Advance Personal Planning Amendment Act 2016

An Act to amend the Advance Personal Planning Act, to repeal the Aged and Infirm Persons' Property Act, and for related purposes

This Act commences immediately after the commencement of the Guardianship of Adults Act 2016.

(1) Section 3, definitions AIPPA manager, Court and original decision

proceeding means a proceeding before the Tribunal in relation to a matter under this Act.

Tribunal Act means the Northern Territory Civil and Administrative Tribunal Act.

exercising its jurisdiction in relation to a matter under this Act, the Tribunal

the Registrar (as appointed under section 143 of the Tribunal Act) is satisfied that this section applies, the Registrar"

(1) A proceeding must be commenced by application made in accordance with the Tribunal Act.

In a proceeding, in addition to the persons mentioned in section 127 of the Tribunal Act, each of the following is a party:

(b) any other interested person for the affected adult who, on application, is permitted by the Tribunal to join the proceeding.

Under section 127(1)(a) of the Tribunal Act, the applicant is a party to proceedings. Under section 128 of that Act, the Tribunal may join any other person as a party if the Tribunal considers it desirable for the person to be a party.

(1) Despite section 105(2) of the Tribunal Act, the Tribunal may give the reasons for the decision in any proceeding and any relevant findings of fact (the reasons) orally to the parties to the proceeding.

(2) A party to the proceeding may apply to the Tribunal to give the reasons in writing, and the Tribunal must do so within 28 days after the application is made.

(3) A party to the proceeding who proposes to make an application under subsection (2) must do so within 28 days after the reasons are given orally.

(4) Section 105(4) of the Tribunal Act applies to the time limit mentioned in subsection (2).

(b) the conduct results in the publication of information about Part 4 proceedings that identifies the adult who is the subject of the proceedings or enables the identity of the adult to be ascertained and the person is reckless in relation to the result.

(a) the person intentionally represents, by words or conduct, that the person or another person:

(b) the representation is false and the person has knowledge of that circumstance.

(a) the person intentionally represents, by words or conduct, that the person or another person:

(b) the representation is false and the person has knowledge of that circumstance; and

(a) the decision maker intentionally engages in conduct in the exercise of the decision maker's authority as a decision maker; and

(b) the conduct results in a contravention of section 21(1) and the decision maker is reckless in relation to the result.

(a) the decision maker intentionally engages in conduct purportedly in the exercise of the decision maker's authority as a decision maker for a matter; and

(b) the represented adult does not have impaired decision-making capacity for the matter and the decision maker is reckless in relation to that circumstance.

(a) the decision maker intentionally engages in conduct in the exercise of the decision maker's authority as a decision maker; and

(b) the conduct results in a contravention of section 21(1) and the decision maker is reckless in relation to the result; and

(c) the decision maker engages in the conduct with the intention of obtaining a benefit for the decision maker or another person.

(a) the decision maker intentionally engages in conduct purportedly in the exercise of the decision maker's authority as a decision maker for a matter; and

(b) the represented adult does not have impaired decision-making capacity for the matter and the decision maker is reckless in relation to that circumstance; and

(c) the decision maker engages in the conduct with the intention of obtaining a benefit for the decision maker or another person.

(b) the conduct induces a decision maker to contravene section 21(1) and the person has intention in relation to that result.

(b) the conduct induces a decision maker to contravene section 21(1) and the person has intention in relation to that result; and

(d) the Agency officer is acting in an official capacity and the person has knowledge of that circumstance.

(1) If a court finds a person guilty of an offence against this Act, the Tribunal, in addition to any penalty imposed by the court on the person, may make an order to do either or both of the following:

(a) if the person is a decision maker – terminate the person's appointment as decision maker;

(b) disqualify the person from being a decision maker for the period specified by the Tribunal.

Division 3 Transitional matters for Advance Personal Planning Amendment Act 2016

new APP Act means the Advance Personal Planning Act, as in force immediately after the commencement.

old APP Act means the Advance Personal Planning Act, as in force immediately before the commencement.

(a) a decision of the Court was the subject of an appeal to the Supreme Court under section 71 of the old APP Act that had not been decided by the Supreme Court; or

(b) an appeal against a decision of the Court could be, but had not been, made to the Supreme Court under section 71 of the old APP Act.

(2) For subsection (1)(a), the Supreme Court must decide the appeal under the old APP Act.

(3) For subsection (1)(b), an appeal may be made to the Supreme Court as if the old APP Act still applied and the Supreme Court must decide the appeal under the old APP Act.

(4) If, as a result of deciding the appeal, the Supreme Court refers the matter back to the Court for reconsideration under section 74(1)(e) of the old APP Act, the Court must reconsider the matter under the old APP Act.

(5) Any order of the Court following the reconsideration of the matter has effect as if it were an order made by the Tribunal under the new APP Act.

(3) Any order of the Court has effect as if it were an order made by the Tribunal under the new APP Act.

(1) The offence provisions, as amended by the amending Act, apply only in relation to offences committed after the commencement.

(2) The offence provisions, as in force before the commencement, continue to apply in relation to offences committed before the commencement.

(3) For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.

offence provisions means the provisions of this Act that create or relate to offences (including in relation to criminal responsibility, defences and penalties).

If a guardianship order confers on the guardian authority for financial matters, the order is taken to be an instrument for the Land Title Act.

Division 3 Transitional matters for Advance Personal Planning Amendment Act 2016

commencement means the commencement of the Advance Personal Planning Amendment Act 2016.

repealed Act means the Aged and Infirm Persons' Property Act repealed by section 28 of the Advance Personal Planning Amendment Act 2016.

(a) an existing protection order becomes a guardianship order under this Act; and

(b) an existing protected person becomes a represented adult under this Act; and

(2) For section 21, the order is taken to confer on a person who becomes a guardian under subsection (1)(c) authority for the matters for which the person had authority as an existing manager under the repealed Act.

(3) For section 36(1), the reassessment date for the order is 1 year after the commencement.

existing manager means the person specified as the manager in an existing protection order.

existing protected person means the person in respect of whose estate an existing protection order is in force.

existing protection order means an order under section 11 of the repealed Act that was in force immediately before the commencement.

(a) an application was made under section 7 of the repealed Act for the making of a protection order; and

(2) The Court must deal with and determine the application as if the repealed Act had not been repealed.

(3) If the Court makes a protection order, section 104B applies in relation to the order as if the commencement were the day after the order is made.

(i) under section 7 of the repealed Act to vary or revoke a protection order; or

(2) The Court must deal with and determine the application as if the repealed Act had not been repealed.

(3) Any order made by the Court under this section has effect as if it were an order made under this Act by the Tribunal.

Provision	Amendment
	omit	insert
sections 11(b)(ii), 13(3), 21(1)(b)(ii), 31(2)(b)(ii), 32(3), 33(3), 35(1)(b), (2) and (3), 36(1)(b) and (2), 37(3)(b) and (4), 41(2) to (4), 42(1)(a)(ii) and (c), 44(1)(a)(ii), (2) and (4), 44A(1)(a)(ii) and (c), 45(1)(c), 46(1)(d), 47(1)(b), 53(1)(c)(i) and (ii), (2)(c)(i) and (ii) and (3)(b), 58, 59(1) to (4), 60(2), 61(3) to (5), 63(2) and (3) and 64	Court (all references)	Tribunal
sections 12, 14, 21(2), 41(3), 42(4)(b) and 63(3), notes	Court (all references)	Tribunal
sections 35(2) and 44(3)	Court's	Tribunal's
sections 44, 47, 61 and 64, headings	Court	Tribunal
Part 5, Division 2, heading	Local Court	Tribunal

Provision	Amendment
	omit	insert
*Administration and Probate Act*
section 6(1), definition *committee*	all words after "includes"	a guardian for that person's financial matters appointed under the Guardianship of Adults Act.
*Companies (Trustees and Personal Representatives) Act*
section 5, definition *statutory manager*	whole definition	(in alphabetical order) *statutory manager* means a guardian for an adult's financial matters appointed under the Guardianship of Adults Act.
*Juries Act*
section 10(3)(e)	all words from "protected" to "Act"	represented adult, as defined in section 3 of the Guardianship of Adults Act
*Limitation Act*
section 38(1)	manager (all references)	guardian
	section 13 of the Aged and Infirm Persons' Property Act	the Guardianship of Adults Act
*Mental Health and Related Services Act*
sections 54(1)(b), 63(3)(c), 64(2)(b), 66(1)(b) and 80A(1)(b)(ii)(A)	Local Court	Civil and Administrative Tribunal
*Powers of Attorney Act*
section 5, definition *agent*, paragraph (c)	whole paragraph
section 18, heading	protection	guardianship
section 18	protection order under the Aged and Infirm Persons' Property Act	guardianship order under the Guardianship of Adults Act
	protection order.	guardianship order.
*Powers of Attorney Regulations*
regulation 3(2)(e)	protection order under the Aged and Infirm Persons' Property Act	guardianship order under the Guardianship of Adults Act
regulation 7(b)	protection order is made under the Aged and Infirm Persons' Property Act,	guardianship order is made under the Guardianship of Adults Act;
*Retirement Villages Act*
section 32(1)(b)	whole paragraph
*Supreme Court Rules*
rule 88.56(5)(b)	whole paragraph
rule 88.56(5)(c)	no such manager has been appointed or
rule 88.59(12)	whole subrule

Northern Territory Bills

ADVANCE PERSONAL PLANNING AMENDMENT BILL 2016