New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions

(Section 109)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Guardianship Amendment Act 1997

Guardianship Amendment (Enduring Guardians) Act 2002

Guardianship and Protected Estates Legislation Amendment Act 2002 , to the extent that it amends this Act

Guardianship Amendment Act 2007

NSW Trustee and Guardian Act 2009

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of Guardianship Amendment Act 1997

2 Definitions

In this Part:
"the former Board" means the Guardianship Board constituted under section 49 before the amendment made to that section by Schedule 1 [1] to the amending Act.
"the amending Act" means the Guardianship Amendment Act 1997 .

3 Tribunal is former Board

The Tribunal is the same entity as, and a continuation of, the former Board.

4 Member of former Board is member of Tribunal

A person holding office as the President, Deputy President or other member of the former Board under section 49 immediately before the commencement of the amendment made to that section by Schedule 1 [1] to the amending Act is taken to be appointed as the President, Deputy President or other member of the Tribunal under that section as so amended.

5 Construction of references to former Board

On and from the commencement of Schedule 1 [1] to the amending Act, a reference (however expressed) in any other Act (whether assented to before, on or after that commencement), in any instrument made under an Act or in any other instrument of any kind to the Guardianship Board is, except in so far as the context or subject-matter otherwise indicates or requires, taken to be a reference to the Tribunal.

6 Saving of former Board’s orders under Protected Estates Act 1983

(1) An order made by the former Board under section 17A of the Protected Estates Act 1983 before the repeal of that section by Schedule 2 [7] to the amending Act, being an order that was in force at the time of that repeal, is taken to be an order of the Tribunal under section 25E of this Act that is, a financial management order.

(2) An interim order made by the former Board under Division 1 of Part 3 of the Protected Estates Act 1983 as referred to in section 20 (1A) of that Act before the repeal of that subsection by Schedule 2 [10] to the amending Act, being an order that was in force at the time of that repeal, is taken to be an order of the Tribunal under section 25H of this Act-that is, an interim financial management order.

(3) An order made by the former Board under section 22A of the Protected Estates Act 1983 before the repeal of that section by Schedule 2 [14] to the amending Act, being an order that was in force at the time of that repeal, is taken to be an order of the Tribunal under section 25M (1) of this Act-that is, an order either:

(a) appointing a person as manager of the estate of a protected person, or

(b) committing the management of the estate concerned to the Protective Commissioner,

according to the tenor of the order under section 22A.

7 Effect of amendments on pending proceedings

(1) The amendments made to this Act and to the Protected Estates Act 1983 by the amending Act apply to and in respect of an application for a guardianship order under section 9 made before the commencement of Schedule 1 [12] to the amending Act, being an application in respect of which a decision had not been made at the time of that commencement.

(2) An application:

(a) under section 17B of the Protected Estates Act 1983 for an order under section 17A (1) of that Act made before the commencement of Schedule 2 [8] to the amending Act, or

(b) under section 19 (3) of the Protected Estates Act 1983 made before the commencement of Schedule 2 [9] to the amending Act,

being an application in respect of which a decision had not been made at the time of the relevant commencement, is taken to be an application under section 25I of this Act.

Part 3 - Miscellaneous

8 Separate representation

The amendment made to section 51A by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999 extends to proceedings commenced, but not determined by the Tribunal, before the commencement of the amendment.

Part 4 - Provisions consequent on enactment of Guardianship Amendment (Enduring Guardians) Act 2002

9 Definitions

In this Part:
"amending Act" means the Guardianship Amendment (Enduring Guardians) Act 2002 .
"existing appointment" means any appointment of a person as an enduring guardian that was in force immediately before the commencement of this Part.

10 Application of amendments to existing appointments of enduring guardians

(1) The following provisions of this Act (as inserted by the amending Act) extend to existing appointments:

(a) section 6D (6)-(8),

(b) section 6E (2A)-(2C),

(c) sections 6HA and 6HB,

(d) section 6K (4) and (5),

(e) section 6MA.

(2) Section 6H (as amended by the amending Act) extends to the revocation of the appointment of enduring guardians made on or after the commencement of the amendments concerned even if the original appointment was made before that commencement.

(3) Section 6O (as inserted by the amending Act) extends to instruments made under a law of another State or Territory that were made before the commencement of that section and were still in force immediately before that commencement.

11 Amendment of sections 6C and 6H

The amendment of section 6C or 6H by the amending Act does not affect the continuing validity of any instrument executed in the form prescribed by the regulations for the purposes of section 6C (a) or 6H (2) (b) (i) of the Act as in force at the time the instrument was executed.

Part 5 - Provisions consequent on enactment of Guardianship and Protected Estates Legislation Amendment Act 2002

12 Application of amendments

Subject to the regulations, an amendment made to this Act by the Guardianship and Protected Estates Legislation Amendment Act 2002 does not apply to or in respect of any decision or order made under this Act before the commencement of the amendment.

Part 6 - Provisions consequent on enactment of Guardianship Amendment Act 2007

13 Definition

In this Part:
"amending Act" means the Guardianship Amendment Act 2007 .

14 Giving of reasons for decisions

Section 68 (1C), as substituted by the amending Act, extends to decisions made before the commencement of the amendment.

15 Functions of Registrar

Section 67C applies so as to extend the power of the Registrar to exercise functions in relation to applications made and proceedings pending on the commencement of that section.

16 Term of office of Tribunal members

The amendment made to clause 1 (1) of Schedule 1 by the amending Act does not apply to a person who was, immediately before the commencement of the amendment, a member of the Tribunal, unless that person is later appointed to a further term of office.