New South Wales Consolidated Acts

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 81

81 Reciprocal arrangements for management of estates

(1) In this section--

"management functions" of the NSW Trustee or the Public Trustee of a reciprocating State means functions that may be exercised in the management of the estate of a person by the NSW Trustee or the Public Trustee of the reciprocating State.

"Public Trustee" of a reciprocating State means a person or body who exercises functions equivalent to the protective capacities of the NSW Trustee in the reciprocating State.

"reciprocating State" means--

(a) any other State or a Territory of Australia, or

(b) any country prescribed by the regulations as a reciprocating State for the purposes of this section.

(2) The Public Trustee of a reciprocating State may, by notice in writing to the NSW Trustee, authorise the NSW Trustee to exercise specified management functions of the NSW Trustee in relation to the estate in New South Wales of a person who resides in the reciprocating State and is certified by the Public Trustee of the reciprocating State to be incapable of managing his or her own affairs (an
"interstate protected person" ).

(3) The NSW Trustee has the same functions in relation to the management in this State of the estate of an interstate protected person as it has in the management in this State of the estate of a protected person.

(4) The NSW Trustee must pay or deliver to the Public Trustee of the reciprocating State the balance of any property or money of the estate of an interstate protected person received by the NSW Trustee, after payment of creditors and any charges under this Act.

(5) The NSW Trustee may, by notice in writing to the Public Trustee of a reciprocating State, authorise the Public Trustee to exercise specified management functions of the NSW Trustee in relation to the estate in the reciprocating State of a managed person.

(6) The NSW Trustee--

(a) is not required to see to the application of, and is not liable in respect of, any money or property paid or delivered to the Public Trustee of a reciprocating State under this section, and

(b) is not liable for any act or omission of the Public Trustee of a reciprocating State in the exercise of functions referred to in this section.