Protected Estates Amendment (Missing Persons) Act 2004 (NSW)

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An Act to amend the Protected Estates Act 1983 to provide for the management of the estates of missing persons; and related matters.

1Name of Act

This Act is the Protected Estates Amendment (Missing Persons) Act 2004.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Protected Estates Act 1983 No 179

The Protected Estates Act 1983 is amended as set out in Schedule 1.

4Amendment of other Acts

The Acts specified in Schedule 2 are amended as set out in that Schedule.

Schedule 1Amendment of Protected Estates Act 1983

(Section 3)

[1]Section 4 Definitions

Insert in alphabetical order in section 4 (1):

protected missing person means a person in respect of whom an order is in force under Division 1A of Part 3 that the estate (or any part of it) of the person be subject to management under this Act.

[2]Section 4 (1), definition of “protected person”

Insert “(other than a protected missing person)” after “means a person”.

[3]Section 7 Expenses of Protective Commissioner

Insert “or protected missing person” after “protected person” wherever occurring.

[4]Section 8 Fees

Insert “or protected missing person” after “protected person” in section 8 (3).

[5]Section 12 Court may give directions to Protective Commissioner

Insert “or protected missing person” after “protected person” where secondly occurring.

[6]Part 3, heading

Insert “and missing persons” after “affairs”.

[7]Part 3, Division 1, heading

Insert “relating to incapable persons” after “management”.

[8]Part 3, Division 1A

Insert after Division 1:

Division 1AOrders for management relating to missing persons21CDeclaration and order where person missing(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.

(2)

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.

(3)

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…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.