sec.59Compensation and accounting for profits for failure to comply

### sec.59 Compensation and accounting for profits for failure to comply The tribunal or a court may order a guardian or administrator for an adult (an appointee ) to pay an amount to the adult or, if the adult has died, the adult’s estate— to compensate for a loss caused by the appointee’s failure to comply with this Act in the exercise of a power; or to account for any profits the appointee has accrued as a result of the appointee’s failure to comply with this Act in the exercise of a power. However, the tribunal or court may not order the appointee to make a payment under both subsection (1) (a) and (b) in relation to the same exercise of power. Subsection (1) applies even if the appointee is convicted of an offence in relation to the appointee’s failure. Also, subsection (1) applies even if the appointee’s appointment has ended. If the adult or appointee has died, an application for an order under subsection (1) must be made to the tribunal or a court within 6 months after the death. If the adult and appointee have died, an application for an order under subsection (1) must be made to the tribunal or a court within 6 months after the first death. The tribunal or a court may extend the application time. If security has been given under section 19 and the tribunal or a court makes an order under subsection (1) , the tribunal or court may also order that the security be applied in satisfaction of the order. An amount paid under a tribunal or court order under subsection (1) must be taken into account in assessing damages in a later civil proceeding in relation to the appointee’s exercise of the power. In this section— court means any court. s 59 amd 2019 No. 9 s 25 (sec.59-ssec.1) The tribunal or a court may order a guardian or administrator for an adult (an appointee ) to pay an amount to the adult or, if the adult has died, the adult’s estate— to compensate for a loss caused by the appointee’s failure to comply with this Act in the exercise of a power; or to account for any profits the appointee has accrued as a result of the appointee’s failure to comply with this Act in the exercise of a power. (sec.59-ssec.2) However, the tribunal or court may not order the appointee to make a payment under both subsection (1) (a) and (b) in relation to the same exercise of power. (sec.59-ssec.3) Subsection (1) applies even if the appointee is convicted of an offence in relation to the appointee’s failure. (sec.59-ssec.4) Also, subsection (1) applies even if the appointee’s appointment has ended. (sec.59-ssec.5) If the adult or appointee has died, an application for an order under subsection (1) must be made to the tribunal or a court within 6 months after the death. (sec.59-ssec.6) If the adult and appointee have died, an application for an order under subsection (1) must be made to the tribunal or a court within 6 months after the first death. (sec.59-ssec.7) The tribunal or a court may extend the application time. (sec.59-ssec.8) If security has been given under section 19 and the tribunal or a court makes an order under subsection (1) , the tribunal or court may also order that the security be applied in satisfaction of the order. (sec.59-ssec.9) An amount paid under a tribunal or court order under subsection (1) must be taken into account in assessing damages in a later civil proceeding in relation to the appointee’s exercise of the power. (sec.59-ssec.10) In this section— court means any court. - (a) to compensate for a loss caused by the appointee’s failure to comply with this Act in the exercise of a power; or - (b) to account for any profits the appointee has accrued as a result of the appointee’s failure to comply with this Act in the exercise of a power.