ACTIn ForceAct
Guardianship and Management of Property Act 1991
19AACAT may order compensation etc
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19A ACAT may order compensation etc
(1) The ACAT may order the guardian or manager for a person (the
protected person) to pay an amount to the protected person or, if the
protected person has died, the protected person’s estate—
(a) to compensate for a loss caused by the failure of the guardian or
manager to comply with this Act in the exercise, or purported
exercise, of a power; or
(b) to account for any profits the guardian or manager has accrued
as a result of their failure to comply with this Act in the exercise,
or purported exercise, of a power.
(2) However, the ACAT must not order the guardian or manager to make
a payment under both subsection (1) (a) and (b) in relation to the same
exercise, or purported exercise, of power.
(3) Subsection (1) applies whether or not the guardian or manager is
convicted of an offence in relation to the failure.
(4) The ACAT may make an order under subsection (1)—
(a) on its own initiative; or
(b) on application by an interested person in relation to the protected
(5) If the protected person or the guardian or manager has died, any
application under subsection (4) (b) must be made—
(a) within 6 months after the day of the death; and
(b) if both the protected person and the guardian or manager have
died—within 6 months after the day of the first death.