New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 July 2009
- Act 179 of 1983
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. (Repealed)
4. Definitions
PART 2 - THE PROTECTIVE OFFICE
5. Protective Commissioner and other officers
5A. Delegation
5B. Protective Commissioner to be corporation sole for certain purposes
6. Inquiries may be referred to the Protective Commissioner
7. Expenses of Protective Commissioner
8. Fees
9. Power to take evidence
10. Witness may be cross-examined
11. Advertisements
12. Court may give directions to Protective Commissioner
PART 3 - MANAGEMENT OF ESTATES OF PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS AND MISSING PERSONS
Division 1 - Orders for management relating to incapable persons
13. Declaration and order where person incapable of managing affairs
14. Incapable persons in places outside New South Wales
15. Notice that person’s capability to manage affairs will be considered
16. Consideration by Magistrate of capability of patients to manage affairs
17. Consideration by MHRT of capability of patients to manage affairs
17A, 17B. (Repealed)
18. Consideration of capability of forensic patients to manage affairs
19. Subsequent applications
20. Interim orders
21. Appeals to Court against management orders
21A. Appeals to ADT against estate management orders made by Magistrate or MHRT
21B. Notice of reasons for orders and appeal rights
Division 1A - Orders for management relating to missing persons
21C. Declaration and order where person missing
Division 2 - Committing estates to management
22. Management of estates of persons other than patients
22A. (Repealed)
23. Management of estates of persons who are protected persons
23A. Protected person cannot deal with estate committed to management
Division 3 - Management of estates by Protective Commissioner
24. Powers as to property
25. Power to employ agents
26. Execution of documents
27. Payments into trust fund
28. Disposition of money in hands of Protective Commissioner
28A. Review by ADT of decisions by Protective Commissioner under this Division
Division 4 - Management of estates by other persons
29. Application of Division
30. Protective Commissioner may authorise and direct functions of managers
30A. Review by ADT of decisions by Protective Commissioner in relation to managers
31. Security in respect of management
31A. Managers may lodge estate funds with Protective Commissioner
31B. Financial plans
32. Orders by Court as to property
33. Orders by Court as to management of estates
Division 5 - Suspension or termination of management
34. Termination of management
35. Orders where person no longer incapable
35A. Orders where person no longer missing
36. Revocation of order by MHRT
37. Absence of patient from mental health facility
38. Discharge of patient from hospital etc
38A. Termination by Protective Commissioner where person no longer missing
39. Functions of Protective Commissioner on termination of management
40. Receipt to be release
41. Continuation of management after discharge etc
42. Death of protected person or protected missing person
43. Protective Commissioner may act until notice of death or revocation received
44. Unclaimed personal effects and money
45. Protected person or legal personal representative bound by acts of Protective Commissioner
Division 6 - General
46. Charges and mortgages
47. Property exchanged and renewed lease to be to same uses as before
48. Interest in property of certain persons not to be altered
49. Expenses of improvements may be charged on estate
50. Consultation by Protective Commissioner
51. Personal items to be preserved
PART 4 - INVESTMENT OF TRUST FUND
52. Trust fund to form common fund
53. Investment of trust fund
54. Establishment of investment funds and reserve fund
55. Application of money in investment fund
56. Valuation of investment funds
57. Application of money in reserve fund
58. Submission of budgets
59. Advances from trust fund
60. (Repealed)
PART 5 - MANAGEMENT OF ESTATES OF PERSONS WHO ARE NOT PROTECTED PERSONS
61. Application of Part
62. Applications under this Part
63. Management by Protective Commissioner
64. Termination of management under this Part
PART 6 - RECIPROCAL ARRANGEMENTS WITH OTHER STATES
65. Declaration of reciprocating state
66. Powers of Protective Commissioner as to property in New South Wales of incapable persons in reciprocating states
67. Powers as to property in reciprocating state of protected persons in New South Wales
PART 7 - MISCELLANEOUS
68. Appointment of guardian
69. Court may dissolve partnership
70. Power to carry orders and directions into effect
70A. Failure to comply with directions of Protective Commissioner
71. Manager may act as trustee or guardian in certain cases
72. Temporary provision for maintenance
73. Transfer of stock belonging to certain persons
74. Stock in name of incapable persons residing out of State may be ordered to be transferred
75. Sale by protected person may be set aside
76. Powers of attorney
77. Costs may be paid out of estate
78. All deeds, transfers, payments etc made in pursuance of this Act to be valid and binding
79. Directions by Protective Commissioner as to visitors
79A. Evidentiary certificates in relation to financial management orders
80. Annual report
80A. Proceedings for offences
81. Regulations
82. Rules of Court
83. Personal liability
84. Savings and transitional provisions
SCHEDULE 1