South Australian Consolidated Acts

AGED AND INFIRM PERSONS' PROPERTY ACT 1940 - SECT 8A

8A—Protection order on court's own initiative

        (1)         Where, in any action by a person for damages for personal injury sustained by him, it appears to the court that, by reason of that injury, that person suffers or is likely to suffer from some physical or mental infirmity by reason of which he is—

            (a)         unable, wholly or partially, to manage his affairs; or

            (b)         subject to, or liable to be subjected to, undue influence in respect of his estate, or the disposition thereof, or of any part thereof; or

            (c)         otherwise in a position which in the opinion of the court renders it necessary in the interests of that person or of those dependent on him that his property should be protected as provided by this Act,

subject to subsection (2) of this section the court may, on its own initiative or on the application of a prescribed person and before assessing the amount of the damages, make a protection order in respect of the estate or part of the estate of the person in respect of whom the damages are to be awarded.

        (2)         The court shall, before making a protection order under this section—

            (a)         where the application is made by a prescribed person, other than the person in respect of whom the damages are to be awarded, cause notice of its intention to consider the making of the order to be given personally to that person, unless the court in any special case otherwise directs; and

            (b)         receive such evidence and hear such argument relevant to the matter as to the court seems desirable or expedient.

        (3)         A reference in subsection (1) of this section to an action includes a reference to an action which had been commenced before, and which had not been completed by, the day on which the Aged and Infirm Persons' Property Act Amendment Act 1973 came into operation.

        (4)         In this section a "prescribed person" means—

            (a)         the person in respect of whom the damages are to be awarded; or

            (b)         the spouse or domestic partner of that person; or

            (c)         any near relation by blood or marriage of that person; or

            (d)         the Public Trustee; or

            (e)         any other person who adduces proof of circumstances which in the opinion of the court make it proper that that person should make an application or be otherwise heard in the proceedings.