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. Sch. 1 cl. 32(3) inserted by No. 64/2010 s. 33(2), substituted by No. 13/2019 s. 212(3). (3) Subclause (2) does not apply to an application for an administration (missing person) order under Part 5 of the **Guardianship and Administration Act 2019**. Sch. 1 cl. 33 amended by No. 13/2019 s. 213. 33 Public Advocate may intervene or be joined in a proceeding under the **Guardianship and Administration Act 2019**. Sch. 1 cl. 34 amended by No. 13/2019 s. 214. 34 Withdrawal of application does not preclude future application Section 74(2)(d) does not apply to a proceeding under the **Guardianship and Administration Act 2019**. 35 Referral to administrators for report Sch. 1 cl. 35(1) amended by No. 13/2019 s. 215. (1) The Tribunal may refer any matter relating to a proceeding under the **Guardianship and Administration Act 2019** to a government department, public authority, service provider, the Public Advocate or a guardian or administrator appointed under that Act for investigation and report. (2) A person or body to whom a matter is referred under this clause must investigate and report to the Tribunal on that matter. (3) The Tribunal must not determine a question referred to a person or body under this clause unless the Tribunal has received and considered the report of the person or body. Sch. 1 cl. 36 amended by No. 13/2019 s. 216. 36 Proceeding not invalidated by failure to give notice A hearing or order of the Tribunal in a proceeding under the **Guardianship and Administration Act 2019** is not invalidated or affected only because of a failure to give notice— (a) to a person in respect of whom an application has been made or to a represented person (within the meaning of that Act) if the Tribunal— 37 Confidentiality of proceedings Sch. 1 cl. 37(1) amended by No. 13/2019 s. 217(1). (1) Unless the Tribunal orders otherwise, a person must not publish or broadcast or cause to be published or broadcast any report of a proceeding under the **Guardianship and Administration Act 2019** that identifies, or could reasonably lead to the identification of, a party to the proceeding. (2) The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so. (3) An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding. Sch. 1 cl. 37(4) inserted by No. 64/2010 s. 33(3), substituted by No. 13/2019 s. 217(2). (4) This clause does not apply to an application for an administration (missing person) order under Part 5 of the **Guardianship and Administration Act 2019**. Sch. 1 cl. 37A inserted by No. 13/2019 s. 218.