{"id":"sl-1991-36","name":"Guardianship and Management of Property Regulation 1991","slug":"guardianship-and-management-of-property-regulation-1991","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"36 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173393,"registerId":"act-sl-1991-36-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Guardianship and Management of Property Regulation 1991","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGuardianship and Management\nof Property Regulation 1991\nSL1991-36\nmade under the\nGuardianship and Management of Property Act 1991\nRepublication No 5\nEffective: 10 September 2024\nRepublication date: 10 September 2024\nLast amendment made by SL2024-24\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Guardianship and Management of Property Regulation 1991, made\nunder the Guardianship and Management of Property Act 1991 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 September 2024.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 10 September 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n10/09/24\nGuardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGuardianship and Management\nof Property Regulation 1991\nmade under the\nGuardianship and Management of Property Act 1991\nContents\nPage\n1 Name of regulation 2\n3 Corresponding laws of foreign countries 2\n6 Manager’s accounts 3\nEndnotes\n1 About the endnotes 5\n2 Abbreviation key 5\n3 Legislation history 6\n4 Amendment history 7\n\nContents\nPage\ncontents 2 Guardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\nR5\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications 8\n\nR5\n10/09/24\nGuardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGuardianship and Management\nof Property Regulation 1991\nmade under the\nGuardianship and Management of Property Act 1991\n\nSection 1\npage 2 Guardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\nR5\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Guardianship and Management of Property\nRegulation 1991.\n3 Corresponding laws of foreign countries\nFor the Act, section 12 (4), definition of corresponding law, the\nfollowing countries are prescribed:\nAntigua and Barbuda Cyprus\nArgentina Federal Republic of Germany\nAustria Fiji\nBahamas Finland\nBelgium France\nBotswana Greece\nBrunei Darussalam Hungary\nCanada Ireland\nIsrael Portugal\nItaly Seychelles\nJapan Spain\nLesotho Surinam\nLiechtenstein Swaziland\nLuxembourg Switzerland\nMalawi Tonga\nMalta Turkey\nMauritius United Kingdom\nNetherlands United States\n\nSection 6\nR5\n10/09/24\nGuardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNew Zealand Yugoslavia.\nNorway\n6 Manager’s accounts\n(1) For the Act, section 26 (1), the following documents are prescribed:\n(a) a statement of the income of the represented person on the\nrelevant day, including income from the following:\n(i) pensions;\n(ii) employment;\n(iii) superannuation;\n(iv) investments;\n(v) rent;\n(vi) a deceased estate of which the person is a beneficiary;\n(vii) a trust of which the person is a beneficiary;\n(b) a statement of the expenditure of the represented person,\nincluding—\n(i) a bank or other financial institution statement for each\naccount at any authorised deposit-taking institution held in\nthe represented person’s name for the 1-year period ending\non the relevant day; and\n(ii) if the manager has acted as manager for a continuous\nperiod of longer than 1 year—the following for the 1-year\nperiod ending on the relevant day:\n(A) a budget or summary of the person’s expenses;\n\nSection 6\npage 4 Guardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\nR5\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(B) a receipt for any one-off purchase of $500 or more;\nExamples—one-off purchase\nwhitegoods, electronics, jewellery\n(c) a statement of the estimated value of the assets of the represented\nperson on the relevant day, including—\n(i) amounts standing to the credit of an account with a bank or\nother financial institution; and\n(ii) real property; and\n(iii) personal property; and\n(iv) investments;\n(d) a statement of the liabilities of the represented person on the\nrelevant day, including details of the creditors, the types of\nliabilities and the value of the liabilities;\n(e) any other document relating to the management of the relevant\nproperty requested by the public trustee and guardian.\n(2) For the Act, section 26 (1), documents are filed in accordance with\nthis regulation if they are filed within 28 days after the relevant day.\n(3) In this section:\nrelevant day, in relation to a manager, means—\n(a) the day of the appointment of the manager; or\n(b) if the manager has acted as manager for a continuous period of\nlonger than 1 year—each anniversary of the appointment of the\nmanager; or\n(c) if the ACAT directs the manager to file prescribed documents\nbefore a specified day—that day.\n\nEndnotes\nAbout the endnotes 1\nR5\n10/09/24\nGuardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 6 Guardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\nR5\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Guardianship and Management of Property\nRegulations. It was renamed under the Legislation Act 2001.\nBefore 11 May 1989, regulations commenced on notification day unless otherwise\nstated (see Subordinate Laws Act 1989 s 6).\nGuardianship and Management of Property Regulation 1991\nSL1991-36\nnotified 8 January 1992 (Gaz 1992 No S2)\ncommenced 8 January 1992\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 172\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 172 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.50\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.50 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.37\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.37 commenced 22 September 2009 (s 2)\nGuardianship and Management of Property Amendment\nRegulation 2024 (No 1) SL2024-24\nnotified LR 9 September 2024\ns 1, s 2 commenced 9 September 2024 (LA s 75 (1))\nremainder commenced 10 September 2024 (s 2)\n\nEndnotes\nAmendment history 4\nR5\n10/09/24\nGuardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R1 LA; R2 LA\nMeaning of Act\ns 2 om R2 LA\nApplications to tribunal\ns 4 om A2008-37 amdt 1.224\nFees\ns 5 om A2001-44 amdt 1.1998\nManager’s accounts\ns 6 am A2009-20 amdt 3.87; SL2024-24 ss 4-6; pars renum R5\nLA\nWaiver of fees\ns 7 om A2001-44 amdt 1.1998\nSeal of the tribunal\ns 8 om A2008-37 amdt 1.224\n\nEndnotes\n5 Earlier republications\npage 8 Guardianship and Management of Property\nRegulation 1991\nEffective: 10/09/24\nR5\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n21 Feb 2002\n12 Sept 2001–\n1 Nov 2004\nA2001-44 amendments by\nA2001-44\nR2\n2 Nov 2004\n2 Nov 2004–\n1 Feb 2009\nA2001-44 includes editorial\namendments under\nLegislation Act\nR3\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-37\nR4\n22 Sept 2009\n22 Sept 2009–\n9 Sept 2024\nA2009-20 amendments by\nA2009-20\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation has been amended since 1991 to update and clarify managers' documentary duties. Amendment history shows s6 was altered (A2009‑20 and SL2024‑24), expanding/clarifying prescribed documents and filing rules and thus changing the practical compliance scope for managers (see amendment history)."},"complexity_factors":["Short, focused instrument with few provisions (s1, s3, s6).","Prescriptive documentary requirements for managers (s6(1)): income, expenditure, assets, liabilities.","Fixed filing deadline (28 days) creates a clear but strict compliance trigger (s6(2)).","Multiple definitions of 'relevant day' produce recurring and ad hoc filing obligations (s6(3)).","Administrative discretion: Public Trustee or ACAT can request additional documents or direct timing (s6(1)(e); s6(3)(c)).","Cross‑references to the parent Act mean interpretation depends on the Guardianship and Management of Property Act (see Act references in reg. preamble and s3, s6).","Separate list of corresponding foreign countries requires upkeep and may create inconsistency risk between jurisdictions (s3)."],"plain_english_summary":"This Regulation sets documentary and filing rules for managers appointed under the Guardianship and Management of Property Act and lists foreign countries treated as 'corresponding laws'. It applies to private managers, the Public Trustee and the ACT Civil and Administrative Tribunal (ACAT).\n\nManagers must prepare statements of a represented person’s income, expenditure, assets and liabilities and file prescribed documents within 28 days of the relevant day; the Public Trustee or ACAT may request additional documents (s6). Managers bear the compliance and record‑keeping costs and face administrative discretion from ACAT and the Public Trustee."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulation has shrunk significantly from its original scope. The amendment history shows it originally contained provisions about: applications to the tribunal (s 4), fees (s 5), waiver of fees (s 7), and the seal of the tribunal (s 8). These have all been repealed or omitted over time. The current regulation is essentially a shell containing only: (1) the name, (3) the list of foreign countries with corresponding laws, and (6) the manager's accounting requirements. What began as a more comprehensive regulatory scheme has been pared back to just two substantive matters – international recognition and financial reporting – with other matters presumably moved to the parent Act, the ACT Civil and Administrative Tribunal Act 2008, or handled administratively."},"complexity_factors":["Very short instrument – only 3 operative sections remain (sections 1, 3 and 6)","Minimal cross-referencing – only references back to the parent Act (Guardianship and Management of Property Act 1991) for definitions and context","Simple list structure in section 3 (prescribed countries) and section 6 (prescribed documents)","Only one defined term in the operative provisions ('relevant day' in section 6(3))","No conditional logic, exceptions, or nested provisions – straightforward prescriptive requirements","Historical baggage – sections 2, 4, 5, 7 and 8 have been repealed over time, leaving a stripped-back regulatory framework"],"plain_english_summary":"This regulation supports the Guardianship and Management of Property Act 1991 by (1) recognising specified foreign guardianship and property‑management laws so overseas appointments can be recognised in the ACT, and (2) requiring court‑appointed managers to lodge detailed annual financial accounts with the Public Trustee and Guardian (income, expenses, assets, liabilities and other requested documents) within 28 days of relevant reporting dates. \n\nIt affects guardians, financial managers and vulnerable adults — increasing transparency and reducing risk of financial abuse, especially when cross‑border issues arise."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-management-of-property-regulation-1991","history":"/api/acts/guardianship-and-management-of-property-regulation-1991/history","analysis":"/api/acts/guardianship-and-management-of-property-regulation-1991/analysis","conflicts":"/api/acts/guardianship-and-management-of-property-regulation-1991/conflicts","importantCases":"/api/acts/guardianship-and-management-of-property-regulation-1991/important-cases","documents":"/api/acts/guardianship-and-management-of-property-regulation-1991/documents"}}