Sch 5has effect.

Schedule 5 has effect. Schedule 1 — Provisions as to proceedings of State Administrative Tribunal [s. 17] [Heading inserted: No. 19 of 2010 s. 18(3).] [**1‑10**. Deleted: No. 55 of 2004 s. 464(3).] 11. Hearings (2) Where, in a particular case, the State Administrative Tribunal determines that it would be in the best interests of the person to whom proceedings commenced under this Act relate for the hearing or part of the hearing to be closed to the public, the Tribunal may, subject to subclause (3), direct that a person shall not be present at the hearing unless — (a) in the opinion of the Tribunal, he is directly interested in the proceedings; or (b) he has been authorised by the Tribunal to be present. (3) Any person bona fide engaged in reporting or commenting upon the proceedings of the State Administrative Tribunal commenced under this Act for dissemination through a public news medium shall not be excluded from the place where the hearings are being held. [Clause 11 amended: No. 50 of 2003 s. 70(5); No. 55 of 2004 s. 464(4)‑(7) and 466.] 12. Limitations on publication of proceedings (1) A person who publishes in a newspaper or periodical publication or by radio broadcast or television, or otherwise disseminates to the public or to a section of the public by any means, any account of any proceedings, or of any part of any proceedings, commenced under this Act that identifies — (a) a party to the proceedings; (b) a person who is related to, or associated with, a party to the proceedings or is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate; or (c) a witness in the proceedings, is guilty of a crime and is liable — (d) in the case of a body corporate, to a fine of $10 000; (e) in any other case, to imprisonment for one year or a fine of $5 000. Summary conviction penalty: (a) for a body corporate, a fine of $5 000; (b) for an individual, a fine of $2 500. (2) A person who, except as permitted by regulations, publishes in a newspaper or periodical publication or by radio broadcast or television, or otherwise disseminates to the public or to a section of the public by any means (otherwise than by the display of a notice in the premises of the State Administrative Tribunal), a list of proceedings commenced under this Act, identified by reference to the names of the parties to the proceedings, that are to be dealt with by the Tribunal is guilty of a crime and is liable — (a) in the case of a body corporate, to a fine of $10 000; (b) in any other case, to imprisonment for one year or a fine of $5 000. Summary conviction penalty: (a) for a body corporate, a fine of $5 000; (b) for an individual, a fine of $2 500. (3) Without limiting the generality of subclause (1), an account of proceedings, or of any part of proceedings, referred to in that subclause shall be taken to identify a person if — (a) it contains any particulars of — (i) the name, title, pseudonym or alias of the person; (ii) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; (iii) the physical description or the style of dress of the person; (iv) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; (v) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; (vi) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or (vii) any real or personal property in which the person has an interest or with which the person is otherwise associated, being particulars that are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires; (b) in the case of a written or televised account, it is accompanied by a picture of the person; or (c) in the case of a broadcast or televised account, it is spoken in whole or in part by the person and the person’s voice is sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires. [(4)‑(6) deleted] (7) Proceedings for an offence against subclause (1) or (2) shall not be commenced except with the written consent of the Attorney General. (8) Subclauses (1) and (2) do not apply to or in relation to — (a) the communication to persons concerned in proceedings in any court of any transcript of evidence or other document for use in connection with those proceedings; (b) the communication of any transcript of evidence or other document to — (i) a body that is responsible for disciplining members of the legal or medical profession; or (ii) persons concerned in disciplinary proceedings against a member of the legal or medical profession, being proceedings before a body that is responsible for disciplining members of the legal or medical profession as the case may be; (c) the communication to a body that grants assistance by way of legal aid of any transcript of evidence or other document for the purpose of facilitating the making of a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case; (d) the publishing of a notice or report in pursuance of the direction of the State Administrative Tribunal or of a court; (e) the publishing of any publication bona fide intended primarily for use by the members of any profession, being — (i) a separate volume or part of a series of law reports; or (ii) any other publication of a technical character; or (f) the publication or other dissemination of an account of proceedings or any part of proceedings — (i) to a person who is a member of a profession, in connection with the practice by that person of that profession or in the course of any form of professional training in which that person is involved; or (ii) to a person who is a student, in connection with the studies of that person. [Clause 12 amended: No. 50 of 2003 s. 70(6); No. 4 of 2004 s. 58; No. 55 of 2004 s. 464(8) and 466.] 13. Entitlement to appear, and representation (2) The State Administrative Tribunal may — (a) hear any person who, in the opinion of the Tribunal, has a proper interest in proceedings commenced under this Act; (b) adjourn any hearing and direct that notice of proceedings commenced under this Act be given to any person who in the opinion of the Tribunal should be given the opportunity to be heard. [(3) deleted] (4) Where in any proceedings before the State Administrative Tribunal commenced under this Act a person in respect of whom a guardianship or administration order is in force or a person in respect of whom an application is made is not represented, the Tribunal may direct the executive officer to apply on behalf of the person for legal aid under the *Legal Aid Commission Act 1976*. [Clause 13 amended: No. 16 of 1992 s. 18; No. 55 of 2004 s. 464(9)‑(11) and 466.] Schedule 2 — Functions for administration of estates [s. 71(3) and 72(1)] [Heading inserted: No. 19 of 2010 s. 18(4).] Part A — Administrator [Heading inserted: No. 19 of 2010 s. 18(4).] 1. To take possession of all or any of the property of the represented person. 2**.** To demand, receive and recover income of, and moneys due or that become due to, and any compensation or damages for injury to the estate or the person of, the represented person. 3. To pay any debts of, and settle or compromise, any demand made by, or against, the represented person or against the estate and discharge any encumbrance on the estate. 4. To invest any moneys forming part of the estate in any securities in which trustees may by law invest. 5. To sell, or grant an option to purchase, any property of the represented person, by public auction or private contract, in such manner and on such terms or conditions and for such purposes as the State Administrative Tribunal, or, if the Tribunal so orders, the administrator, thinks fit. 6. To grant or concur in granting a lease of any property of the represented person for such term and on such covenants, including, without limitation, an option or options of renewal as the State Administrative Tribunal or, if the Tribunal so orders, the administrator thinks fit. 7. To surrender, or concur in surrendering any lease, accept any lease, accept the surrender of any lease or renew any lease. 8. To execute any power of leasing vested in the represented person where he has a limited estate only in the property over which the power extends. 9. To repair, and effect any insurance necessary for the protection of, any of the property of the represented person. 10. To expend money in the improvement of any property of the represented person by way of building or otherwise. 11. To make exchange or partition of any property of the represented person, or in which he is interested, and give or receive money for equality of exchange or partition. 12. To carry on, or join in carrying on, any trade or business of the represented person or in which he is interested and raise and employ in the trade or business any additional capital. 13. To agree to the alteration of the conditions of, or to a dissolution of and the distribution of the assets of, any partnership that the represented person has entered into or sell any partnership interest of that person. 14. To complete any contract for the performance of which the represented person is liable or enter into any agreement terminating his liability thereunder. 15. To bring, and defend, actions, suits and other legal proceedings in the name of the represented person. 16. To exercise any power, or give any consent required for the exercise of any power where the power is vested in the represented person for his own benefit or the power of consent is in the nature of a beneficial interest in him. 17. To surrender, assign, or otherwise dispose of, with or without consideration, any onerous property of the represented person. 18. To sequestrate the estate of the represented person, under the provisions of the bankruptcy laws. 19. To bring lands of the represented person under the operation of the *Transfer of Land Act 1893*. 20. To surrender any policy of life assurance of the represented person. 21. To apply or expend moneys of the represented person, whether arising from real or personal property and whether income or capital, for the maintenance of that person, or the husband or wife or de facto partner of that person or of any person wholly or partially dependent on that person, or for the maintenance, education and advancement of the children, grandchildren or any infant relative of that person, in such manner and to such extent as the State Administrative Tribunal, having regard to the circumstances and the value of the estate of that person, considers proper and reasonable. 22. To expend moneys of the represented person in the purchase of a home for that person, or for the wife, husband, de facto partner or children of that person. 23. To mortgage, charge (with or without power of sale and on such terms as the State Administrative Tribunal thinks fit), deal with or dispose of, as the Tribunal thinks most expedient, any property of the represented person, for the purpose of raising, securing or repaying, with or without interest, money that is to be, or that has been, applied to or for the carrying into effect of all or any of the things authorised by the Tribunal. [Part A amended: No. 3 of 2002 s. 70; No. 55 of 2004 s. 466.] Part B — State Administrative Tribunal [Heading inserted: No. 19 of 2010 s. 18(5).] The State Administrative Tribunal may — (a) direct that any property taken in exchange, and any renewed lease accepted, on behalf of the represented person shall be subject to the same trusts, charges, encumbrances, dispositions, devises and conditions as the property given in exchange or the surrendered lease was, or would, but for the exchange or surrender, have been subject; (b) direct that any fine, premium or other payment made on the renewal of a lease be paid out of the estate or be charged with interest on the leasehold property; (c) where capital moneys are to be raised for the purposes of the administration of the estate, direct the manner in which those moneys are to be raised and how the incidence of those moneys shall be borne; (d) direct the manner in which any surplus out of capital moneys raised for the purposes of the administration of the estate is to be held or applied; (e) make such orders as it thinks fit for the purpose of preserving the nature, quality, tenure or devolution of any property forming part of the estate and direct that any money be carried to a separate account and declare the notional character which the money in that account bears; (f) for the purpose of making an order referred to in paragraph (e) of this Part or informing itself for the purposes of section 68(2)(b), exercise its powers to require the production of documents by calling for, and inspecting, any testamentary instrument of the represented person; (g) where, in its opinion, any disposition or transaction is expedient in the administration of the estate of the represented person, or would be in that person’s best interest, confer upon the administrator the necessary power for the purpose on such terms and subject to such conditions (if any) as the State Administrative Tribunal thinks fit; (h) where a power is vested in a represented person in the character of a trustee or guardian, or the consent of a represented person to the exercise of a power is necessary in a similar character or as a check upon the undue exercise of the power, the State Administrative Tribunal may, upon the application of the administrator or any person interested in the exercise of the power or the giving of the consent, authorise the administrator to exercise the power or give the consent in such manner as the Tribunal may direct. [Part B amended: No. 55 of 2004 s. 466.]