68Security may be required in respect of estate management

68 Security may be required in respect of estate management

68 Security may be required in respect of estate management

(cf PE Act, s 31)

(1) The Supreme Court or the Civil and Administrative Tribunal may require a manager it appoints to give security (including security comprising the assets of the managed estate) to the NSW Trustee in respect of the management.

(2) A manager is not taken to have complied with a requirement under subsection (1) unless the security given has been approved by the NSW Trustee.

(3) The NSW Trustee is to ensure that the conditions of any security provided under this section, or before the commencement of this section, in respect of the management of the estate of a managed person are complied with.

(4) The NSW Trustee must report any failure to comply with any such condition to the Supreme Court or the Civil and Administrative Tribunal (as the case requires) immediately on becoming aware of the failure.

(5) The provisions of Schedule 2 to the Bail Act 2013 and Part 7 of the Fines Act 1996 apply to the forfeiture of any security and to the recovery of any security so forfeited in the same way as they apply to the forfeiture of bail money and to the recovery of any bail money so forfeited.

s 68: Am 2013 No 95, Sch 5.9 [7]; 2014 No 5, Sch 2.26.