WAIn ForceAct
Guardianship and Administration Act 1990
11The *State Administrative Tribunal Regulations 2004* r. 52 reads as follows:
Start here
Get a plain-English read of 11
Turn the raw legal text into a practical explanation grounded in Guardianship and Administration Act 1990.
11 The *State Administrative Tribunal Regulations 2004* r. 52 reads as follows:
52. *Guardianship and Administration Act 1990*
(1) In this regulation —
***commencement day*** means the day on which the *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Part 2 Division 56 comes into operation;
***the GA Act*** means the *Guardianship and Administration Act 1990*.
(2) Unless the context otherwise requires, where in —
(a) an arrangement entered into under the GA Act section 44A(1); or
(b) a notice of an arrangement published in the *Gazette* under the GA Act section 44A(2),
there is a reference to the Guardianship and Administration Board, on or after the commencement day that reference is to be read and construed as a reference to the State Administrative Tribunal.
(3) If immediately before the commencement day —
(a) the Guardianship and Administration Board is required under the GA Act section 80(3) to examine any accounts lodged under section 80(1) or delivered under section 80(2) of the GA Act; and
(b) the Board has not made a decision under the GA Act section 80(3),
on the commencement day, the obligation to examine those accounts is transferred to the Public Trustee and the Public Trustee is to examine the accounts in accordance with the GA Act section 80.
(4) If immediately before the commencement day the Guardianship and Administration Board is carrying out, but has not completed, a review under the GA Act section 85 or 86, on or after the commencement day the review is to be carried out and completed by the State Administrative Tribunal as if the application for the review had been made to it under the relevant section.
(5) If —
(a) before the commencement day a report is made to the Guardianship and Administration Board under the GA Act section 107(1)(d); and
(b) the Board has not made an order under the GA Act section 109(3) in relation to that report,
on or after the commencement day, the State Administrative Tribunal may make an order under the GA Act section 109(3) as if the report had been made to it under the GA Act section 107(1)(d).
(6) If before the commencement day the Guardianship and Administration Board has appointed an auditor under the GA Act section 109(1)(b) and a copy of the auditor’s report has not been furnished to the Board under that provision, on and after the commencement day, the auditor is to be taken to have been appointed by the State Administrative Tribunal and is to furnish the report to the Tribunal and the applicant for the order.
(7) If immediately before the commencement day a notice is required to be given under the GA Act section 111(4) but that notice has not been given before the commencement day, on or after the commencement day that notice is to be given by the executive officer of the State Administrative Tribunal.
(8) If immediately before the commencement day the Guardianship and Administration Board is dealing with, but has not completed the consideration of, an application under the GA Act section 111(5) or 112(4), on or after the commencement day the application is to be transferred to the State Administrative Tribunal and the Tribunal is to deal with the application as if the application had been made to it under the relevant subsection.
(9) If —
(a) an enduring power of attorney created by instrument in the form or substantially in the form of the GA Act Schedule 3 Form 1; or
(b) a statement of acceptance in the form, or substantially in the form, of the GA Act Schedule 3 Form 2,
in effect immediately before the commencement day contains a reference to the Guardianship and Administration Board, on and after the commencement day that reference is to be taken to be a reference to the State Administrative Tribunal.