Western Australian Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   3A.     Inherent jurisdiction of Supreme Court not affected  

   PART 2 -- Principles to be observed by State Administrative Tribunal  

   4.      Principles stated  

   PART 3 -- The State Administrative Tribunal  

           Division 1 -- Functions and proceedings  

   13.     Jurisdiction of State Administrative Tribunal  
   16.     Costs  
   17.     Further provisions as to proceedings  

           Division 2A -- Review of determination where State Administrative Tribunal comprises one member  

   17A.    Review  
   17B.    Executive officer to give notice of review  

           Division 3 -- Appeals  

   18.     Term used: Court  
   19.     Right of appeal by leave  
   20.     Application for leave  
   21.     Grounds  
   22.     Grant or refusal of leave  
   23.     Ancillary orders and directions  
   24.     Reference of application to Court  
   25.     Application and appeal may be heard together  
   26.     Notice to other parties  
   27.     Amendment of grounds of appeal  
   28.     Status of State Administrative Tribunal’s determination pending disposal of appeal  
   29.     Nature of appeal, and evidence  
   30.     Powers of Court  
   31.     Want of form  
   32.     Notification of result of appeal to executive officer  
   33.     Discontinuance of appeal  
   34.     Dismissal for want of prosecution  
   35.     Application for reinstatement of appeal  
   36.     Time may be extended or shortened  
   37.     Enforcement of order for costs  

   PART 4 -- Applications for guardianship and administration orders  

   40.     Application  
   41.     Notice of hearing  

   PART 5 -- Guardianship  

           Division 1 -- Appointment of guardian  

   43.     Making of guardianship order  
   44.     Who may be appointed guardian  
   44A.    Interstate arrangements for guardianship orders  

           Division 2 -- Functions of guardians  

   45.     Authority of plenary guardian  
   46.     Authority of limited guardian  
   47.     Guardian may apply for directions  
   48.     Guardian may execute documents etc.  
   49.     Guardian may obtain warrant to enter  
   50.     Effect of actions etc. of guardian  
   51.     Guardian to act in best interests of represented person  
   53.     Guardians to act unanimously  
   54.     Death of joint guardian  
   55.     Alternate guardian to take over on death of guardian  

           Division 3 -- Limitations on sterilization of persons under guardianship or where application for guardianship made  

   56.     Terms used  
   56A.    Only Full Tribunal to act under this Division  
   57.     Prerequisites for sterilization of persons to whom this Division applies  
   58.     Restriction on guardian’s consent  
   59.     Application for consent  
   60.     Notice of hearing  
   63.     State Administrative Tribunal may consent if in best interests of represented person  

   PART 6 -- Estate administration  

           Division 1 -- Appointment of administrator  

   64.     Making of administration order  
   65.     Emergency provision  
   66.     Acts may be authorised without administration order  
   67.     Non-residents etc.  
   68.     Who may be appointed administrator  

           Division 2 -- Functions of administrators  

   69.     Authority of administrator  
   70.     Administrator to act in best interests of represented person  
   71.     Authority which may be conferred on administrator  
   71A.    Amendment of order to confer particular function  
   72.     Further provisions as to authority of administrators  
   74.     Administrator may apply for directions  
   75.     Administrators to act unanimously  
   76.     Administrator may employ agents  
   77.     Represented person incapable of dealing with estate  
   78.     Cessation of authority of administrator  
   79.     Represented person bound by acts of administrator  
   80.     Accounts  
   81.     Enforcement of security  
   82.     Transactions may be set aside  
   83.     Saving for certain rules of court  

           Division 3 -- Interjurisdictional arrangements in relation to administration powers  

   83A.    Reciprocating States  
   83B.    Foreign administrator may authorise Public Trustee to administer property in this State  
   83C.    Administrator may authorise relevant official to administer property in reciprocating State  
   83D.    Interstate arrangements for recognition of administration orders  

   PART 7 -- Review of orders  

   84.     State Administrative Tribunal to review orders periodically  
   85.     Circumstances in which review mandatory  
   86.     Review on application  
   87.     Leave to apply for review  
   88.     Application for review  
   89.     Notice of review  
   90.     Powers of State Administrative Tribunal on review  

   PART 8 -- The Public Advocate  

   91.     Public Advocate  
   92.     Resignation, removal etc.  
   93.     Acting Public Advocate  
   94.     Staff  
   95.     Powers of delegation  
   96.     Existing rights etc.  
   97.     Functions of Public Advocate  
   98.     Notification to Public Advocate as to mentally impaired accused  
   99.     Public Advocate to act on death of guardian or administrator  
   100.    Judicial notice  
   101.    Annual report of Public Advocate  
   101A.   Public Advocate may raise matters with Minister  

   PART 9 -- Enduring powers of attorney  

   102.    Terms used  
   103.    Other Acts  
   104.    Execution of enduring power of attorney  
   104A.   Recognition of powers of attorney created in other jurisdictions  
   104B.   Substitute donees  
   105.    Enduring power of attorney survives incapacity  
   106.    Donee may apply for declaration of legal incapacity  
   107.    Obligations of donee  
   108.    Appointment of administrator  
   109.    On application State Administrative Tribunal may intervene  
   110.    Notice of application  

   PART 10 -- Miscellaneous provisions  

   111.    Declaration as to capacity to vote  
   111A.   Applications under section 40 of the Wills Act 1970  
   112.    Inspection of records  
   113.    Confidentiality  
   114.    Immunity  
   115.    Service of notices  
   117.    Remuneration  
   118.    Expenses  
   119.    Medical and dental treatment  
   119A.   No fee for application to State Administrative Tribunal  
   120.    Regulations  
   124.    Transitional provisions  
           SCHEDULE 1  
           SCHEDULE 2  
           SCHEDULE 3  
           SCHEDULE 5  
           Compilation table