Part 9Guardianship and Administration Act 2019

Part 9—Guardianship and Administration Act 2019

Sch. 1 cl. 31 amended by No. 101/1998 s. 23(b)(ii).

31 Constitution of Tribunal for proceedings

Sch. 1 cl. 31(1) amended by No. 64/2010 s. 33(1), substituted by No. 13/2019 s. 211(1).

(1) Section 64(2)(a) does not apply to a proceeding under the Guardianship and Administration Act 2019, other than a proceeding for—

(a) an urgent guardianship order or urgent administration order referred to in section 36 of that Act;

(b) an administration (missing person) order or an urgent administration (missing person) order under Part 5 of that Act.

Sch. 1 cl. 31(2) amended by No. 17/2014 s. 160(Sch. 2 item 105.9(a)), substituted by No. 13/2019 s. 211(1).

(2) The Tribunal is to be constituted for the purposes of a proceeding for an urgent guardianship order or urgent administration order referred to in section 36 of the Guardianship and Administration Act 2019 by—

(a) a presidential member sitting alone; or

(b) a member who is an Australian lawyer sitting alone.

Sch. 1 cl. 31(3) inserted by No. 78/2000 s. 11(2), amended by No. 13/2019 s. 211(2).

(3) The Tribunal is to be constituted for the purposes of a rehearing under Division 1 of Part 7 of the Guardianship and Administration Act 2019 by—

Sch. 1 cl. 31(3)(a) amended by No. 41/2002 s. 43.

(a) a senior member or presidential member, if the order at first instance was made by the Tribunal constituted by an ordinary member;

(d) a Vice President, if the order at first instance was made by the Tribunal constituted by more than one member (except where one or more of the members was a Vice President);

(e) the President, if the order at first instance was made by the Tribunal constituted by a Vice President (whether with or without others).

32 Notification of commencement

Sch. 1 cl. 32(1) amended by No. 13/2019 s. 212(1).

(1) Despite section 72(3), the Tribunal cannot make an order dispensing with service of a copy of an application under the Guardianship and Administration Act 2019 on the Public Advocate.

Sch. 1 cl. 32(2) amended by No. 13/2019 s. 212(2).

(2) The Tribunal must inform the Public Advocate if it makes an order under section 72(3) dispensing with service of a copy of an application under the Guardianship and Administration Act 2019 for a guardianship order or an administration order (including an urgent order) on the person in respect of whom the application is made.