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GUARDIANSHIP ACT 1987 - SECT 3F
Persons who are "parties" to proceedings under this Act
3F Persons who are "parties" to proceedings under this Act
(1) A person is a party to proceedings before the Tribunal under this Act as
provided by this section.
(2) Each of the following persons is a party to any
proceedings before the Tribunal in respect of an application for a
guardianship order under this Act: (a) the applicant,
(b) the person to whom
the application relates,
(c) the spouse, if any, of the person to whom the
application relates, if the relationship between the person and the spouse is
close and continuing,
(d) the person, if any, who has care of the person to
whom the application relates,
(d1) the enduring guardian, if any, of the
person to whom the application relates,
(e) the Public Guardian,
(f) any
person whom the Tribunal has joined as a party under section 44 of the
Civil and Administrative Tribunal Act 2013 .
(3) Each of the following
persons is a party to proceedings consisting of a review by the Tribunal of a
guardianship order made under this Act: (a) the person, if any, who requested
the review,
(b) the person the subject of the order,
(c) the spouse, if any,
of the person the subject of the order, if the relationship between the person
and the spouse is close and continuing,
(d) the person who has care of the
person the subject of the order,
(d1) the enduring guardian, if any, of the
person the subject of the order,
(e) the guardian appointed under the order,
(e1) the Public Guardian,
(f) any person whom the Tribunal has joined as a
party under section 44 of the Civil and Administrative Tribunal Act 2013 .
(4) Each of the following persons is a party to proceedings consisting of a
review by the Tribunal of an appointment (or purported appointment) of an
enduring guardian under this Act: (a) the person, if any, who requested the
review,
(b) the person appointed as the enduring guardian,
(c) the person
who appointed the enduring guardian,
(d) the spouse, if any, of the person
who appointed the enduring guardian, if the relationship between the person
and the spouse is close and continuing,
(e) the person, if any, who has care
of the person who appointed the enduring guardian,
(e1) the Public Guardian,
(e2) the NSW Trustee,
(f) any person whom the Tribunal has joined as a party
under section 44 of the Civil and Administrative Tribunal Act 2013 .
(5)
Each of the following persons is a party to any proceedings before the
Tribunal in respect of an application for a financial management order under
this Act: (a) the applicant,
(b) the person to whom the application relates,
(c) the spouse, if any, of the person to whom the application relates, if the
relationship between the person and the spouse is close and continuing,
(d)
the person, if any, who has care of the person to whom the application
relates,
(e) the person, if any, appointed attorney by the person to whom the
application relates under a power of attorney that is in force,
(f) the
NSW Trustee,
(g) any person whom the Tribunal has joined as a party under
section 44 of the Civil and Administrative Tribunal Act 2013 .
(6) Each of
the persons specified in subsection (7) is a party to proceedings consisting
of a review by the Tribunal of: (a) a financial management order made under
this Act, or
(b) the appointment under this Act of a manager of an estate.
(7) For the purposes of subsection (6), the persons are: (a) the person, if
any, who requested the review,
(b) the protected person to whom the relevant
financial management order relates,
(c) the spouse, if any, of the
protected person, if the relationship between the person and the spouse is
close and continuing,
(d) the person, if any, who has care of the
protected person,
(d1) the person, if any, appointed attorney by the person
to whom the relevant financial management order relates under a power of
attorney (whether in force or suspended),
(e) the person appointed as the
manager of the estate concerned,
(f) the NSW Trustee,
(g) any person whom
the Tribunal has joined as a party under section 44 of the
Civil and Administrative Tribunal Act 2013 .
(8) In this section,
"financial management order" and
"protected person" have the same meanings as in Part 3A.
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