South Australia
Guardianship and Administration (Miscellaneous) Amendment Bill 2005
A Bill For
An Act to amend the Guardianship and Administration Act 1993.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Guardianship and Administration Act 1993
4	Amendment of section 3—Interpretation
5	Amendment of section 6—Establishment and constitution of Board
6	Amendment of section 8—Panels
7	Amendment of section 12—Decisions of Board
8	Amendment of section 14—Powers and procedures of Board
9	Amendment of section 25—Appointment of enduring guardian
10	Amendment of section 32—Special powers to place and detain, etc, protected persons
11	Amendment of section 66—Constitution of ADD

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Guardianship and Administration (Miscellaneous) Amendment Act 2005.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Guardianship and Administration Act 1993
4—Amendment of section 3—Interpretation
	(1)	Section 3(1), definition of dentist—delete the definition and substitute:
dentist means a person who is registered as a dental practitioner under the law of this State;
	(2)	Section 3(1), definition of health professional—delete the definition and substitute:
health professional means a person who is authorised under the law of this State to practise any of the following professions:
	(a)	chiropractic or osteopathy;
	(b)	nursing;
	(c)	occupational therapy;
	(d)	optometry;
	(e)	pharmacy;
	(f)	physiotherapy;
	(g)	podiatry;
	(h)	psychology;
	(3)	Section 3(1), definition of medical practitioner—delete the definition and substitute:
medical practitioner means a person who is registered as a medical practitioner under the law of this State;
5—Amendment of section 6—Establishment and constitution of Board
Section 6(5)—delete subsection (5) and substitute:
	(5)	The regulations may provide that, in relation to the exercise of specified functions or matters of a specified class, the Board may be constituted of—
	(a)	the President, a Deputy President, or a member of a panel, sitting alone; or
	(b)	any 2 members sitting together as follows:
	(i)	the President, or a Deputy President, and a member of a panel;
	(ii)	2 members of the same panel;
	(iii)	1 member from each panel.
6—Amendment of section 8—Panels
	(1)	Section 8(3)—delete ", subject to subsection (4),"
	(2)	Section 8(4)—delete subsection (4)
7—Amendment of section 12—Decisions of Board
Section 12(1) and (2)—delete subsections (1) and (2) and substitute:
	(1)	In proceedings before the Board under this Act or any other Act—
	(a)	if the Board is constituted of 2 or more members (1 of whom is the President or a Deputy President)—
	(i)	the President or Deputy President will preside; and
	(ii)	any question of law or procedure will be determined by the President or Deputy President; and
	(iii)	any other question will be determined by unanimous or majority decision of the members;
	(b)	if the Board is constituted of 2 or more panel members—
	(i)	the President or a Deputy President will nominate 1 of the members to preside; and
	(ii)	any question of law that arises must be referred to the President or a Deputy President for decision (and a decision made on the reference is a decision of the Board); and
	(iii)	any other question will be determined by unanimous or majority decision of the members;
	(c)	if the Board is constituted of a panel member sitting alone—any question of law that arises must be referred to the President or a Deputy President for decision (and a decision made on the reference is a decision of the Board).
	(2)	If the Board when constituted of 2 or more members is unable to reach a decision on a question (other than a question of law or procedure) before the Board, the decision of the presiding member will prevail as the decision of the Board.
8—Amendment of section 14—Powers and procedures of Board
	(1)	Section 14(7) and (8)—delete subsections (7) and (8) and substitute:
	(7)	Despite subsections (4) and (6), the Board may, if satisfied that urgent action is required in proceedings before the Board, make an order as a matter of urgency without complying with those subsections, with effect as follows:
	(a)	if it is an order under section 32(1)—for a period not exceeding 14 days as directed by the Board;
	(b)	in the case of any other order—for a period not exceeding 21 days as directed by the Board.
	(2)	Section 14—after subsection (12) insert:
	(12a)	The Board may, if satisfied that there is reason to adjourn proceedings before the Board, adjourn the proceedings and make such other orders as are necessary or appropriate in the circumstances.
9—Amendment of section 25—Appointment of enduring guardian
Section 25(4)—delete "appointee" and substitute:
appointor
10—Amendment of section 32—Special powers to place and detain, etc, protected persons
Section 32(1)(c)—after "medical" insert:
or dental
11—Amendment of section 66—Constitution of ADD
	(1)	Section 66(4)(c)—delete "subject to subsection (5),"
	(2)	Section 66(5)—delete subsection (5)