Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 58

Accounts

58. Accounts



(1) The Tribunal may, at the time that it appoints an administrator under
section 46 or such later time as the Tribunal determines, appoint a person to
examine or audit the accounts of the estate of a represented person for a fee
approved by the Tribunal and paid from that estate.



(2) Unless the Tribunal otherwise directs, an administrator must lodge-

   (a)  if the Tribunal has appointed a person under subsection (1) to examine
        or audit accounts, with that person; or



   (b)  in any other case, with the Tribunal-

on, or as soon as practicable after, the anniversary of the appointment of the
administrator in each year, accounts of the administration of the estate of a
represented person providing a full and true account of the assets and
liabilities of that estate and all receipts and disbursements in respect of
that estate.

(2A) The Tribunal may require an administrator to lodge accounts at a time
other than a time specified in subsection (2).

(2B) A person appointed under subsection (1) to examine or audit accounts must
lodge with the Tribunal a report in relation to the accounts examined or
audited.

(2C) A report under subsection (2B) may recommend the disallowance of any item
in the accounts.



(3) Where the Tribunal receives a report under subsection (2C) the Tribunal
cannot make an order disallowing an item if the Tribunal is satisfied that the
administrator acted in good faith and with reasonable care in the exercise of
powers conferred on the administrator.

(4) Where any item is disallowed by the Tribunal the administrator is liable
for the amount of the item disallowed.





(5) An administrator must, in respect of each estate administered by the
administrator, pay to a person appointed under subsection (1) to examine or
audit accounts an amount certified by that person as being the reasonable cost
of examining or auditing the accounts.

(6) The Tribunal may upon an application by the administrator and with the
consent of the person appointed under subsection (1) to examine or audit
accounts waive payment of the whole or part of the amount required to be paid
under subsection (5).



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