Guardianship Amendment (Transitional Provision) Regulation 2018 (NSW)

New South Wales

Guardianship Amendment (Transitional

Provision) Regulation 2018

under the

Guardianship Act 1987

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Guardianship Act 1987.

MARK SPEAKMAN, MP

Attorney General

Explanatory note

The object of this Regulation is to provide that the amendment to the Guardianship Act 1987 made by the

Justice Legislation Amendment Act (No 2) 2018, which provides that the Public Guardian and the NSW

Trustee are parties to proceedings consisting of a review by the Tribunal of a guardianship order made under the Act, or an appointment (or purported appointment) of an enduring guardian under the Act, applies only in relation to proceedings commenced on or after the commencement of the amendment.

This Regulation is made under the Guardianship Act 1987, including section 108 (the general regulation-making power) and clause 1 of Schedule 3.

Guardianship Amendment (Transitional Provision) Regulation 2018 [NSW]

Guardianship Amendment (Transitional Provision) Regulation

2018

under the

Guardianship Act 1987

1      Name of Regulation

This Regulation is the Guardianship Amendment (Transitional Provision)

Regulation 2018.

2      Commencement

This Regulation commences on 1 December 2018 and is required to be published on the NSW legislation website.

3 Amendment of Guardianship Regulation 2016

Clause 20

Insert after clause 19:

20 Provision consequent on enactment of Justice Legislation Amendment Act (No 2) 2018 No 29

Section 3F of the Act, as amended by the Justice Legislation

Amendment Act (No 2) 2018, applies only to proceedings consisting of

a review by the Tribunal of a guardianship order made under the Act or an appointment (or purported appointment) of an enduring guardian under the Act commenced on or after the commencement of the amendment.