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Glossary of Terms

A

Active Party - An active party is defined as any of the following: the adult; the applicant; attorney; any current or proposed guardian and/or administrator; the adult guardian; the public trustee and any person joined as a party by the Tribunal.
Administrator - An administrator is a person legally appointed by the Tribunal to assist adults with impaired decision-making capacity make financial and legal decisions to ensure that the adult’s needs are met and that their financial interests are protected.
Adult Guardian - A statutory officer who can act as an adult's decision maker in personal, health care and some legal matters under an order by GAAT; consent to health care issues and investigate allegations of neglect, abuse or exploitation against an adult.
Advance Health Directive - A legal document, under the Powers of Attorney Act 1998, that states your wishes or directions regarding your future health care for various medical conditions. It comes into effect only if you are unable to make your own decisions.
Aggrieved Person - is a person unhappy with the decision of the Tribunal.
Application Kit - The application kit contains the application form, "What to Expect at a Hearing Fact Sheet" and other relevant information to assist you through the application and hearing process.

C

Capacity - An adult is deemed to have capacity if they are capable of understanding the nature and effect of the decisions they are making and can freely and voluntarily make those decisions and can communicate those decisions in some way.
Case Officer - conducts investigations and inquiries and prepares reports in respect to applications made to the Tribunal.
Chemical Restraint - the use of medication for the primary purpose of controlling the adult’s behaviour.
Clinical Research - is medical research intended to diagnose, maintain or treat a condition affecting the participants in the research or a trial of drugs or techniques involving the carrying out of health care that may include the giving of placebos.
Community Visitor Program - This Program's staff visit facilities such as hostels to ensure that the interests of adults with impaired decision-making capacity are protected and their rights are promoted.
Containment - physically preventing the free exit of the adult from premises where the adult receives disability services, other than by secluding the adult.

D

Declaration about capacity - The Tribunal is empowered to make an order about the ability of an adult, guardian, administrator or attorney to make personal and/or financial decisions.

E

Enduring Power of Attorney - is a formal agreement giving someone else the power to make decisions on your behalf even when you lose capacity.

F

Financial Management Plan - is a document required to be completed by all proposed administrators outlining how they will manage the finances of the adult. The Tribunal needs this information to determine the suitability and competence of the proposed administrator.

G

General Power of Attorney - a formal agreement that allows you, while you have capacity, to appoint someone to make financial decisions on your behalf when you are absent (e.g., if you are overseas and need someone else to sell your house, pay your bills etc).
General Principles - outline the philosophy which a substitute decision-maker must abide by in making decisions on behalf of an adult.
Guardian - A guardian is a person legally appointed by the Tribunal to assist adults with impaired-decision making capacity make personal, health care, lifestyle and some legal decisions to ensure that the adult's needs are met and their interests are protected.

H

Health Care Principle - outlines the philosophy which a substitute decision-maker must abide by in making health care decisions on behalf of an adult.
Hearing - A Tribunal hearing is when Tribunal Members hear evidence and examine documents about an application. It is an opportunity for anyone with a genuine and continuing interest in the matter to put their views forward and have them considered.
Hearing Support Officer - usually attends to the pre-hearing administrative work; travels to Tribunal hearings to provide assistance to Members and attendees; and preparation of hearing documentation.

I

Interested person - is a person who has a sufficient and continuing interest in the adult.

J

Jointly - if the Tribunal appoints persons "jointly", the co-appointees must make decisions together.
Jointly and severally - if the Tribunal appoints persons "jointly and severally", the appointees can act separately on behalf of the adult.

M

Mechanical restraint - the use, for the primary purpose of behavioural control, of a device to either restrict the free movement of an adult, or to prevent or reduce self injurious behaviour.

O

Order - A Tribunal order advises the decision of the Tribunal Members. Each order is tailored to meet the needs of the adult in the least restrictive way.

P

Paid Carer - is someone who receives remuneration for caring for an adult from any source other than a carer payment or benefit received from the Commonwealth or a State.
Panel - The Tribunal is usually constituted for a hearing by three members unless the President considers that a proceeding should be heard by two members or a single member depending on the circumstances.
Personal matter - for an adult, is a matter relating to the adult's care including the adult's health care or welfare. It does not include a special personal matter or special health matter.
Physical Restraint - the use of any part of another person’s body to restrict the free movement of the adult for the primary purpose of controlling the adult’s behaviour.
Presidential Directions - The President of the Tribunal is responsible for ensuring the quick and efficient discharge of the tribunal’s business. The President may give directions (“presidential directions”) about Tribunal arrangements, processes and procedures.
Proposed private administrator - is the person nominated for appointment as an administrator.
Public Advocate - The Public Advocate's role is to identify widespread situations of abuse, exploitation or neglect of people with impaired capacity due to shortcomings in the systems or facilities of a service provider and then reports these findings to State Parliament.
Public Trustee of Queensland, The - is a statutory officer that can act as an adult's decision-maker for financial and some legal matters either under an order from the Tribunal or the Supreme Court of Queensland or as an attorney under an Enduring Power of Attorney.

R

Reasons for Decision - a person who is aggrieved by a decision can request reasons for the decision. When the Registry sends out an Order, a notice is attached stating that a request for reasons for the decision must be in writing and received within 28 days of the notice.
Restricting access to an object - restricting the adult’s access at a place where the adult receives disability services, to an object to prevent the adult using the object to cause harm to the adult or others.
Restrictive Practices - containing or secluding an adult, using chemical, mechanical or physical restraint on an adult or restricting access of an adult with an intellectual or cognitive disability.

S

Seclusion - confine the adult alone, at any time of the day or night, in a room or area from which free exit is prevented.
Special health care - includes donation of tissue, sterilisation, termination of pregnancy, special medical research or experimental health care and prescribed special health care.
Statutory Health Attorney - is someone, such as a family member, friend or the Adult Guardian with automatic authority to make health care decisions on behalf of an adult with impaired decision-making capacity.

Last updated 9/1/2007

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