NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 3 Definitions

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 3

3 Definitions

(1) In this Act--


"adult" means an individual who is aged 18 years or over.


"Chief Executive Officer" means the Chief Executive Officer of the NSW Trustee.


"common fund" --see section 104.


"costs" includes fees, charges, commission, disbursements, expenses and remuneration.


"Director-General" means the Director-General of the Attorney General's Department.


"exercise" a function includes perform a duty.


"function" includes a power, authority or duty.


"legal representative" has the same meaning as it has in the Succession Act 2006 .


"managed missing person" --see section 38.


"managed person" --see section 38.


"management" of a trust matter includes administration of an estate.


"manager" --see section 38.


"MHRT" means the Mental Health Review Tribunal constituted under the Mental Health Act 2007 .


"mortgage" includes a charge.


"NSW Trustee and Guardian" or
"NSW Trustee" means the NSW Trustee and Guardian constituted by this Act.


"operational funds" means funds of or under the control of the NSW Trustee that are not trust funds or protective funds.


"patient" --see section 38.


"protected person" --see section 38.


"protective capacity" means a capacity exercised by the NSW Trustee under this Act in relation to managed persons or the management of their estates.


"protective funds" means funds of the NSW Trustee that the NSW Trustee holds in any protective capacity.


"Reserve Fund" means the Fund established under section 109.


"spouse" means--

(a) the person to whom a person is legally married (including the husband or wife of a person), or

(b) the other party to a de facto relationship, in which the parties have cohabited for a period of not less than 2 years,

but where more than one person would so qualify as a spouse, means only the last person to so qualify.

Note : "De facto relationship" is defined in section 21C of the Interpretation Act 1987 .

"trust capacity" means any of the capacities specified in section 11 (1).


"trust funds" means funds of the NSW Trustee that the NSW Trustee holds in any trust capacity.


"trust instrument" means the will, settlement or other instrument (if any) establishing or regulating the trust or other arrangement giving rise to a trust capacity or to an appointment to a trust capacity.


"trust matter" means any trust, estate, fund, asset, agency or affairs.

(2) Words and expressions used in this Act have the same meaning as they have in the Probate and Administration Act 1898 .

(3) Notes included in this Act do not form part of this Act.

Note : For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings, drawing attention ("cf") to equivalent or comparable (though not necessarily identical) provisions of other laws. Abbreviations in the notes include PT Act ( Public Trustee Act 1913 ) and PE Act ( Protected Estates Act 1983 ).