69Assistance by Public Guardian in resolution of disputes

69 Assistance by Public Guardian in resolution of disputes

[Section 69 Subsection (2) amended by No. 4 of 2000, s. 15, Applied:28 Apr 2000] [Section 69 Subsection (3) substituted by No. 4 of 2000, s. 15, Applied:28 Apr 2000] [Section 69 Repealed by No. 18 of 2021, s. 158, Applied:05 Nov 2021]

(1)  If there is conflict in relation to the actions or proposed actions of a guardian or administrator appointed for a represented person, the Public Guardian may, on application, provide preliminary assistance in resolving the matter, including by –

(a) ensuring that the parties to the matter are fully aware of their rights and obligations; and

(b) identifying any issues that are in dispute between parties to the matter; and

(c) canvassing options that may obviate the need for further proceedings; and

(d) where appropriate, facilitating full and open communication between the parties to a dispute; and

(e) seeking to resolve differences between persons in relation to the matter.

(2)  Subsection (1) does not apply where the guardian or administrator appointed for the represented person is the Public Guardian or The Public Trustee.

(3)  An application under this section –

(a) may be made by the represented person or any other person who the Public Guardian is satisfied has a proper interest in the matter; and

(b) must be made in a manner and form determined by the Public Guardian; and

(c) must be accompanied by such information as the Public Guardian may reasonably require.

(4)  The Public Guardian may, in providing preliminary assistance under subsection (1) , arrange a mediation between parties to a dispute if all parties to the dispute agree to such a mediation.

(5)  If a matter under this section is resolved by mediation –