New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 48B

48B Recognition of guardians and managers appointed under corresponding law

(1) A person who, under a corresponding law, is appointed as:

(a) the guardian of another person, or

(b) the manager of the estate of another person,

may apply to the Tribunal for recognition of his or her status as such.

(2) The Tribunal must recognise the applicant if satisfied that the applicant has been so appointed.

(3) On recognition, the applicant is taken to be appointed under this Act as guardian or manager of the estate (as the case may be) of the other person.

(4) However, the applicant:

(a) is not to exercise a function under this Act unless it is a function of a kind authorised by the terms of his or her appointment under the corresponding law, and

(b) is not to exercise a function authorised by the terms of his or her appointment under the corresponding law unless it is a function authorised by this Act.

(5) The applicant’s recognition may be reviewed, varied and revoked as if it were an appointment under this Act.

(6) As soon as practicable in each case, the Tribunal must notify the appropriate authority in the relevant country, State or Territory of:

(a) a recognition under this section, and

(b) any subsequent revocation of the recognition, and

(c) any other action taken by the Tribunal in relation to the recognition.

(7) The regulations may make provision with respect to the application of this Act in respect of recognition under this Part.