2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Bill Stefaniak)
Guardianship and Management of Property Amendment Bill 2005

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New section 8AA	2
	5	Removal by tribunal
Section 31	4
	6	New section 31 (2)	4
	7	Notice of inquiry
New section 35 (1) (f)	4
	8	Section 35 (1) (f) to (g) (as amended)	5
	9	Emergency appointments
Section 67 (1) (b)	5
	10	Dictionary, definition of manager	5
	11	Public Trustee Act 1985, section 34 (1) (b) and (c)	5
	12	Public Trustee Act 1985, section 34 (1) (d) to (f)
(as amended)	5

2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Bill Stefaniak)
Guardianship and Management of Property Amendment Bill 2005

A Bill for
An Act to amend the Guardianship and Management of Property Act 1991, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Guardianship and Management of Property Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Guardianship and Management of Property Act 1991.
Note	This Act also amends the Public Trustee Act 1985 (see s 11 and s 12).
4	New section 8AA
before section 8A, insert
8AA	Manager for missing person’s property
	(1)	This section applies if the tribunal is satisfied, on application, that—
	(a)	someone is a missing person; and
	(b)	the person usually lives in the ACT; and
	(c)	while the person is missing, there is, or is likely to be, a need for a decision in relation to the person’s financial matters or property; and 
	(d)	the person’s interests will be significantly adversely affected if a manager is not appointed.
	(2)	The tribunal may be satisfied that a person is a missing person only if satisfied that—
	(a)	it is not known whether the person is alive; and
	(b)	reasonable efforts have been made to find the person; and
	(c)	for at least 90 days, the person has not contacted—
	(i)	anyone who lives at the person’s last-known home address; or
	(ii)	any relative or friend of the person with whom the person is likely to communicate.
Examples of contact
1	telephone call
2	physical sighting of the person
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The tribunal may, by order, appoint a manager to manage all, or a stated part, of the missing person’s property, with the powers that the tribunal is satisfied are necessary or desirable to allow the manager to make decisions in relation to the property in accordance with the decision-making principles as if the missing person were a protected person.
Note	The tribunal’s power to appoint a manager is restricted under s 8A.
	(4)	The powers that may be given to the manager are the powers the person would have if the person were able to exercise them.
	(5)	An application for the appointment of a manager under this section may be made by any of the following:
	(a)	a domestic partner of the person;
	(b)	a relative of the person;
	(c)	a business partner or employee of the person;
	(d)	the Attorney-General;
	(e)	the public trustee;
	(f)	the public advocate;
	(g)	anyone else who has an interest in the property of the person.
5	Removal by tribunal
Section 31
omit
The tribunal
substitute
	(1)	The tribunal
6	New section 31 (2)
insert
	(2)	The tribunal may, by order, remove a manager of a missing person’s property if satisfied, on application by the person or anyone else, that—
	(a)	the person is alive; or
	(b)	the person is dead; or
	(c)	the person may be presumed to be dead.
7	Notice of inquiry
New section 35 (1) (f)
insert
	(f)	if an application is made under section 8AA (Manager for missing person’s property)—the applicant; and
8	Section 35 (1) (f) to (g) (as amended)
renumber as section 35 (1) (f) to (h)
9	Emergency appointments
Section 67 (1) (b)
substitute
	(b)	under section 8 or section 8AA, appoint the public advocate or the public trustee to be a manager of a person’s property;
10	Dictionary, definition of manager
substitute
manager means a manager under any of the following sections:
·	section 8 (Appointment and powers of managers)
·	section 8AA (Manager for missing person’s property)
·	section 12 (Recognition of interstate etc guardians and managers)
·	section 32 (Surviving or substitute guardians etc).
11	Public Trustee Act 1985, section 34 (1) (b) and (c)
omit
12	Public Trustee Act 1985, section 34 (1) (d) to (f)
(as amended)
renumber as section 34 (1) (b) to (d)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005