Protected Estates (Disability Services and Guardianship) Amendment Act 1987 (NSW)
PROTEO ED ESTATES (DISABILITY SERVICES AND
GUARDIANSHIP) AMENDMENT ACT 1987 No, 261
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Conimencement
3. Amendment of Act No. 179, 1983
SCHEDULE I—AMENDMENTS
PROTECTED ESTAI ES (DISAB[UrV SERVICES AND
GUARDIANSHIP) AMENDMEM ACl 1987 No. 261
NEW SOUTH WALES
Act No. 261, 1987
An Act to amend the Protected Estates Act 1983 so as to enable the Guardianship Board to make orders committing the estates of persons under guardianship to the management of the Protective Commissioner; and for other purposes. [Assented to 16 December 1987]
2 Act No. 261
Protected Estates (Disahiiity Services and Guardianship) Amendment 1987
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Protected Estates (Disability Services
and Guardianship) Amendment Act 1987.
Commencement
2. This Act shall commence on the commencement of Part 3 of the
Disability Services and Guardianship Act 1987.
Amendment of Act No. 179, 1983
3. The Protected Estates Act 1983 is amended as set out in Schedule 1.
SCHEDULE 1—AMENDMENTS
(Sec. 3)
(1) Section 4 (Definitions)—
Section 4 (1)—
Insert, in appropriate alphabetical order, the following definitions:
"Board” means the Guardianship Board constituted under the
Disability Services and Guardianship Act 1987;
"person under guardianship” has the same meaning as it has in
Part 3 of the Disability Services and Guardianship Act 1987;
(2) Section 6 (Inquiries may be referred to the Protective Commissioner)—
Section 6 (2)—
At the end of section 6, insert:
| (2) | The Board may, in relation to any proceedings before the |
Board under Part 3 of the Disability Services and Guardianship Act 1987, request the Protective Commissioner to conduct such inquiry as it may specify concerning—
(a) a person to whom an application under that Part relates;
(b) a person under guardianship; or
(c) the estate of any such person,
and to report to the Board the result of the inquiry.
Protected Estates (Disability Services and Guardianship) Amendment 1987
SCHEDULE 1—AMENDMENTS—cofin/iMi-f/
(3) Section 17a—
After section 17, insert: manage affairs
17a, (1) Where the Board makes a guardianship order under Part 3 of the Disability Services and Guardianship Act 1987 in respect of a person, it may consider the person’s capability to manage his or her affairs and, if satisfied that the person is not capable of managing his or her affairs, may order that the estate of the person be subject to management under this Act.
(2) Where, in any proceedings before the Board under Part 3 of the Disability Services and Guardianship Act 1987, the Board decides not to make a guardianship order in respect of a person, it may nevertheless consider the person’s capability to manage his or her affairs and, if satisfied that the person is not capable of managing his or her affairs, may order that the estate of the person be subject to management under this Act.
(4) Section 19 (Subsequent applications)—
Section 19 (3), (4)—
After section 19 (2), insert;
(3) The Board may, on the application of any person having, in the opinion of the Board, a sufficient interest in the matter and whether or not it has previously considered the question, consider the capability of a person under guardianship to manage his or her affairs and, if satisfied that the person is not capable of managing his or her affairs, may order that the person’s estate be subject to management under this Act,
(4) On an application under subsection (3) in relation to a person under guardianship, the Board may make an order that the estate of the person be subject to management under this Act even though there may have been no change in the person’s capability to manage his or her affairs since that capability was last considered by the Board.
(5) Section 20 (Interim orders)—
| (a) | Section 20 (1a)— After section 20(1), insert: |
(1a) The Board may, in relation to any proceedings before the Board under Part 3 of the Disability Services and Guardianship Act 1987 and if it appears to the Board necessary or convenient to do so, make an interim order under this Division for a specified period in respect of—
4 Act No. 261
Protected Estates (Disability Services and Guardianship) Amendment 1987
SCHEDULE 1—AMENDMENTS—
| (a) | a person to whom an application under that Part relates; or |
(b) a person under guardianship,
pending further consideration of the person’s capability to manage
his or her affairs.
| (b) | Section 20 (2)— Omit “ in respect of a patient”. |
| (c) | Section 20 (2)— Omit “ in respect of the patient” . |
(6) Section 21 (Appeals against orders)—
| (a) | Section 21 (I)— After “Where” , insert “the Board,” , |
| (b) | Section 21 (4)— |
Omit “The Tribunal and any member of the Tribunal shall not” , insert instead “Neither the Board or any member of the Board, nor the Tribunal or any member of the Tribunal, shall”.
| (c) | Section 21 (4)— After “order oP’. insert “ the Board or”, |
(7) Section 22a—
After section 22, insert:
Management of estates of protected persons who are persons under guardianship etc.
22a. The Board may, by order, appoint a suitable person as manager of the estate of a protected person in respect of whom it has made an order under this Part or may, by such an order, commit the management of the estate of any such protected person to the Protective Commissioner.
(8) Section 30 (Functions of Protective Commissioner under this
Division)—
Section 30 (3)—
After section 30 (2), insert:
Protected Estates (Disahiiity Services and Guardianship) Amendment 1987
SCHEDULE I—AMENDMENTS—
(3) The Protective Commissioner may exercise the jurisdiction and powers of the Court, as referred to in subsection (1), in respect of an estate for which a manager has been appointed by the Board under section 22a. in the same way as the Protective Commissioner may exercise that jurisdiction and those powers in respect of an estate for which a manager has been appointed by the Court under section 22.
(9) Section 31 (Security in respect of management)—
| (a) | Section 31 (1)— After “Court” , insert “or the Board”. |
| (b) | Section 31 (1)— After “security”, insert “ to the Protective Commissioner” . |
(10) Section 34 (Termination of management)—
Section 34 (1) (b)—
Before “a patient”, insert “a person under guardianship (being a person the management of whose estate is committed to the Protective Commissioner) or” .
(I t ) Section 35 (Orders where person no longer incapable)—
Section 35(1)—
After “while”, insert “a person under guardianship or”.
(12) Section 35a—
After section 35, insert:
Revocation of order by the Board
35a. Where, on application to it—
| (a) | by a protected person whose estate is subject to management under this Act by virtue of an order made by the Board; |
| (b) | by the Protective Commissioner in respect of such a person; or |
(c) by the manager of the estate of such a person,
the Board is satisfied that the protected person is capable of managing his or her affairs, it may revoke the order that the estate of the person be subject to management under this Act.
6 Act No. 261
Proiecied Estates (Disahiiity Services and Guardianship) Amendment J9S7
SCHEDULE 1—AMENDMENTS—
(13) Section 38 (Discharge of patient from hospital etc.)—
| (a) |
Section 38 (1)— guardianship (being a person the management of whose estate is committed to the Protective Commissioner) or” .
| (b) |
Section 38 (1 )— under guardianship or” .
(14) Section 41 (Continuation of management after discharge etc.)—
| (a) | Section 4 1 ( 1 ) (a)— |
Before “a patient” where firstly occurring, insert “a person under guardianship (being a person the management of whose estate is committed to the Protective Commissioner) or” ,
| (b) | Section 41(1) (a)— |
Before “a patient” where secondly occurring, insert “such a person under guardianship or” .
| (c) | Section 41 (1)— Before “the Tribunal” , insert “the Board,” . | |
| (d) | Section 41 (1)— | |
| ||
| (e) | Section 41 (2)— |
Before “a patient” where firstly occurring, insert “a person under guardianship (being a person the management of whose estate is committed to the Protective Commissioner) or” ,
(0 Section 41 (2)—
Before “a patient” where secondly occurring, insert “such a person under guardianship or” .
(15) Section 57 (Surplus income from common fund)—
After “Commissioner” where lastly occurring, insert including the functions conferred or imposed on the Protective Commissioner in his or her capacity as the Public Guardian under the Disability Services and Guardianship Act 1987” .
(16) Section 81 (Regulations)^—
Section 81 (1a)—
Protected Estates (Disahiiity Services and Guardianship) Amendment 1987
SCHEDULE 1—AMENDMENTS—c'Ofif/nwcrf
After section 81 (1), insert;
(1a) Without limiting the generality of subsection (1), the regulations may make provision for or with respect to the exercise by the Board of the functions conferred or imposed on it by this Act.
0
0
0