An Act to amend the Protected Estates Act 1983 to provide for the management of the estates of missing persons; and related matters.
This Act is the Protected Estates Amendment (Missing Persons) Act 2004.
This Act commences on a day or days to be appointed by proclamation.
The Protected Estates Act 1983 is amended as set out in Schedule 1.
The Acts specified in Schedule 2 are amended as set out in that Schedule.
(Section 3)
Insert in alphabetical order in section 4 (1):
Insert “(other than a protected missing person)” after “means a person”.
Insert “or protected missing person” after “protected person” wherever occurring.
Insert “or protected missing person” after “protected person” in section 8 (3).
Insert “or protected missing person” after “protected person” where secondly occurring.
Insert “
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Insert after Division 1:
The Court may declare that a person is a missing person and order that the estate of the person (or any part of it) be subject to management under this Act if the Court is satisfied that:
(a) the person is a missing person, and
(b) the person’s usual place of residence is in this State, and
(c) it is in the best interests of the person to do so.
The Court may be satisfied that a person is a missing person only if it is satisfied that:
(a) it is not known whether the person is alive, and
(b) all reasonable efforts have been made to locate the person, and
(c) persons residing at the place where the person was last known to reside, or relatives or friends, with whom the person would be likely to communicate, have not heard from, or of, the person for at least 90 days.
An application for a declaration and order under this section in relation to a person may be made by any of the following persons:
(a) the spouse of the person,
(b) a relative of the person,
(c) a business partner or employee of the person,
(d) the Attorney General,
(e) the Protective Commissioner,
(f) any other person who has an interest…