69Assistance by Public Guardian in resolution of disputes

### 69 Assistance by Public Guardian in resolution of disputes > [*\[Section 69 Subsection (2) amended by No. 4 of 2000, s. 15, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-004#GS15@Hpa@EN) [*\[Section 69 Subsection (3) substituted by No. 4 of 2000, s. 15, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-004#GS15@Hpb@EN) [*\[Section 69 Repealed by No. 18 of 2021, s. 158, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS158@EN) > > > (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)](#GS69@Gs1@EN) 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)](#GS69@Gs1@EN) , 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 – > > > > > > (a) the parties must sign an agreement setting out the terms of the settlement; and > > > > > > > (b) the Public Guardian must cause a copy of the signed agreement to be provided to each of the parties; and > > > > > > > (c) the Public Guardian must cause a copy of the signed agreement to be provided to the Tribunal. > > > (6)  The Public Guardian may bring a mediation to an end at any time – > > > > > > (a) if, in the opinion of the Public Guardian, it is more appropriate that the matter be dealt with by the Tribunal; or > > > > > > > (b) at the request of a party to the mediation. > > > (7)  Evidence of anything said or done in the course of a mediation under this section is not admissible in subsequent proceedings except by consent of all parties to the proceedings. > > > (8)  The Public Guardian may refuse to provide preliminary assistance in resolving a matter under this section if, in the opinion of the Public Guardian – > > > > > > (a) it is more appropriate that the matter be dealt with by the Tribunal; or > > > > > > > (b) the application is frivolous, vexatious, misconceived, lacking substance or is otherwise an abuse of process. > > > (9)  If a matter cannot be resolved under this section, the Public Guardian or any party to the dispute may make an application to the Tribunal for a review of the relevant guardianship or administration order under [section 67](#GS67@EN) .