SCHEDULE 4 - Savings and Transitional Provisions

Section 90A

1.    In this Schedule –

commencement date means the date on which this Act commences;

former Board means the Guardianship Board established under the Mental Health Act 1963 ;

initial period means the period of 6 months commencing on the commencement date.

2.   Where a guardianship application was received by the former Board under section 23 of the Mental Health Act 1963 and in force immediately before the commencement date, the application is taken to be an application for a guardianship order under this Act.

3.    A guardianship order made under the Mental Health Act 1963 and in force immediately before the commencement date is taken to be a guardianship order made under this Act.

4.    Where an appointment of the former Board as guardian of a person was in force immediately before the commencement date, the Guardianship and Administration Board has the functions of a guardian for the initial period as if it had been appointed as a full guardian of that person as mention in section 25 .

5.    Where the Public Trustee has been appointed as a committee on the filing of a certificate of disability under the Mental Health Act 1963 and the appointment was in force immediately before the commencement date –

(a) the certificate of disability is taken to be an administration order made under this Act; and

(b) the Public Trustee is taken to be administrator of the estate of the person to whom the order relates without limitation of his or her powers.

6.    Where an order for the appointment of a committee made under the Mental Health Act 1963 was in force immediately before the commencement date –

(a) the order has effect as if it were an administration order made under this Act; and

(b) the person appointed as a committee is taken to be the administrator of the estate of the person to whom the order relates on the same terms and conditions, if any, as are specified in the order.

7.   

(1) The Guardianship and Administration Board must within the initial period review all appointments and orders made under the Mental Health Act 1963 that are continued in effect under this Schedule.

(2) If the Minister is satisfied that it is impracticable for the Board to complete the review required under subclause (1) in the initial period, the Minister may, by notice published in the Gazette , extend that period for a further period not exceeding 6 months.