New South Wales Repealed Acts

This legislation has been repealed.

PROTECTED ESTATES ACT 1983 - SECT 21C

21C Declaration and order where person missing

(1) The Court may declare that a person is a missing person and order that the estate of the person (or any part of it) be subject to management under this Act if the Court is satisfied that:

(a) the person is a missing person, and

(b) the person’s usual place of residence is in this State, and

(c) it is in the best interests of the person to do so.

(2) The Court may be satisfied that a person is a missing person only if it is satisfied that:

(a) it is not known whether the person is alive, and

(b) all reasonable efforts have been made to locate the person, and

(c) persons residing at the place where the person was last known to reside, or relatives or friends, with whom the person would be likely to communicate, have not heard from, or of, the person for at least 90 days.

(3) An application for a declaration and order under this section in relation to a person may be made by any of the following persons:

(a) the spouse of the person,

(b) a relative of the person,

(c) a business partner or employee of the person,

(d) the Attorney General,

(e) the Protective Commissioner,

(f) any other person who has an interest in the estate of the person.

(4) On the hearing of an application for the purposes of this section, evidence may be given to the Court in such form and in accordance with such procedures as the Court thinks fit.