South Australian Consolidated Acts South Australian Consolidated Acts44—Reporting requirements for private administrators
(1) An administrator
of a protected person's estate (other than the Public Trustee) must provide
the Board and the Public Trustee, at such times as the Board determines, with
a statement of the accounts of the estate, showing—
(a) the
assets and liabilities of the estate; and
(b) the
income and expenditure of the estate over a specified period; and
(c) 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 Board or the Public Trustee may require.
(4) The Public Trustee
must examine and report to the Board 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 Board 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 Board.
(5) The Board, after
considering a recommendation for the disallowance of an item of expenditure
and hearing the administrator and any other person the Board 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 Board
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 Board.
(7) The Board must
allow the protected person or, if the protected person does not, in the
opinion of the Board, have the mental capacity to comprehend the contents,
such other person or persons as the Board thinks appropriate, to have access
to and to take a copy of—
(a) a
statement of accounts furnished by an administrator under this section; and
(b) if
those accounts are audited, the accounts as so audited; and
(c) the
Public Trustee's report on the statement of accounts.