Guardianship and Administration Variation Regulations 2005 (SA)

South Australia

Guardianship and Administration Variation Regulations 2005

under the Guardianship and Administration Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Guardianship and Administration Regulations 1995

1. Substitution of regulation 4

   4Constitution of Board for proceedings and conduct of business

Part 1—Preliminary

1—Short title

These regulations may be cited as the Guardianship and Administration Variation Regulations 2005.

2—Commencement

These regulations will come into operation on the day on which the Guardianship and Administration (Miscellaneous) Amendment Act 2005 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Guardianship and Administration Regulations 1995

4—Substitution of regulation 4

Regulation 4—delete the regulation and substitute:

4—Constitution of Board for proceedings and conduct of business

(1)The Board may be constituted of—

(a)the President or a Deputy President sitting alone; or

(b)the President, or a Deputy President, sitting with a member of a panel,

in relation to the hearing of any proceedings or the conduct of any business other than the making of an order under section 29 (a guardianship order) or an order under section 35 (an administration order) of the Act.

(2)The Board may be constituted of—

(a)a member of a panel sitting alone; or

(b)any 2 members (whether or not from the same panel) sitting together,

in relation to the hearing of any proceedings or the conduct of any business other than—

(c)the making of a guardianship order or an administration order; or

(d)the making of an order under section 42(3) of the Act exempting a disposition of property or contract from being voidable by an administrator; or

(e)the making of an order under section 44(5) of the Act disallowing an item of expenditure by a private administrator; or

(f)the making of an order under section 44(6) of the Act determining the costs and expenses to be paid by an administrator to the Public Trustee; or

(g)the making of an order under section 45(2) of the Act disallowing an item of expenditure by the Public Trustee; or

(h)the review of a decision or order of the Registrar under section 64 of the Act; or

(i)the stating of a case on a question of law to the Supreme Court under section 65 of the Act; or

(j)the making of an order under section 81(2) of the Act or section 35(2) of the Mental Health Act 1993 authorising publication of a report of Board proceedings.

(3)Despite subregulations (1) and (2), the Board constituted of any member sitting alone, or any 2 members sitting together, may make an order as a matter of urgency pursuant to section 14(7) of the Act, provided that any such order is not exercised more than once in relation to any 1 particular order in any proceedings.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Administrator

with the advice and consent of the Executive Council

on 15 December 2005

No 270 of 2005

AGO0006/05CS