GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 44

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 44

44—Reporting requirements for private administrators

        (1)         An administrator of a protected person's estate (other than the Public Trustee) must, at such times as the Tribunal determines, provide—

            (a)         the Public Trustee; and

            (b)         at the request of the Tribunal—the Tribunal,

with a statement of the accounts of the estate, showing—

            (c)         the assets and liabilities of the estate; and

            (d)         the income and expenditure of the estate over a specified period; and

            (e)         such other particulars relating to the estate as the Public Trustee may require.

        (2)         An administrator who fails, without reasonable excuse, to furnish a statement in accordance with subsection (1) is guilty of an offence.

Maximum penalty: $5 000.

        (3)         A statement under this section must—

            (a)         be in a form approved by the Public Trustee; and

            (b)         be verified by the statutory declaration of the administrator and supported by such other evidence (if any) as the Tribunal or the Public Trustee may require.

        (4)         The Public Trustee must examine and report to the Tribunal on the statement of accounts and—

            (a)         may cause the accounts to be audited at the cost of the protected person's estate; and

            (b)         may, if of the opinion that the administrator, in making any expenditure in the exercise, or purported exercise, of his or her powers as administrator, did not act in good faith or with reasonable care, recommend to the Tribunal the disallowance of that item of expenditure; and

            (c)         may report on any other matter pertaining to the administration of the estate that the Public Trustee thinks ought to be drawn to the attention of the Tribunal.

        (5)         The Tribunal, after considering a recommendation for the disallowance of an item of expenditure and hearing the administrator and any other person the Tribunal thinks fit on the matter—

            (a)         may approve the item of expenditure; or

            (b)         if satisfied that, in making the expenditure, the administrator had not acted in good faith or with reasonable care in the exercise of his or her powers as administrator, may disallow the item of expenditure.

        (6)         Where the Tribunal disallows an item of expenditure pursuant to subsection (5), the administrator is personally liable to the protected person for the amount of the expenditure and to the Public Trustee for such of the costs and expenses incurred by the Public Trustee in relation to the disallowance as are allowed by the Tribunal.

        (7)         The Tribunal must allow the protected person or, if the protected person does not, in the opinion of the Tribunal, have the mental capacity to comprehend the contents, such other person or persons as the Tribunal thinks appropriate, to have access to and to take a copy of the following documents (which, if not in the possession of the Tribunal, must be obtained from the Public Trustee by the Tribunal for the purposes of providing that access):

            (a)         a statement of accounts furnished by an administrator under this section;

            (b)         if those accounts are audited, the accounts as so audited;

            (c)         the Public Trustee's report on the statement of accounts.