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GUARDIANSHIP AND ADMINISTRATION ACT 1986 - SECT 62

Who is entitled to notice of a reassessment?


S. 62(1) amended by No. 78/2000 s. 8(b).

    (1)     Each of the following is entitled to notice of the making of an application for a reassessment under section 61, notice of the hearing of the reassessment and notice of any order made by the Tribunal in respect of the reassessment—

        (a)     the nearest relative available of the represented person in respect of whom the application is made; and

        (b)     the primary carer (if any) of the represented person in respect of whom the application is made; and

S. 62(1)(c) amended by No. 78/2000 s. 8(b).

        (c)     in the case of a reassessment of a guardianship order

              (i)     the Public Advocate; and

              (ii)     any administrator of the estate of the represented person; and

S. 62(1)(d) amended by No. 78/2000 s. 8(b).

        (d)     in the case of a reassessment of an administration order, any guardian of the represented person.

S. 62(2) amended by No. 78/2000 s. 8(b).

    (2)     If the Tribunal conducts a reassessment on its own initiative, the Tribunal must give notice of the reassessment, at least 7 days before the proposed day of the hearing, to the parties and to the persons specified in subsection (1).

S. 62(2A) inserted by No. 41/2002 s. 26(1).

    (2A)     However, if the Tribunal conducts a reassessment on its own initiative and does not propose to amend, vary or replace the order—

        (a)     instead of giving notice under subsection (2), the Tribunal may give notice to the parties and the persons specified in subsection (1) that the party or person has 14 days from the date of the notice to request, in writing, a hearing of the reassessment; and

        (b)     if—

              (i)     any of the parties or persons request a hearing within that time, the Tribunal must give at least 7 days' notice of the hearing to each of the parties and persons; or

              (ii)     none of the parties or persons request a hearing within that time, the Tribunal is not required to hold a hearing of the reassessment.

S. 62(3) amended by Nos 78/2000 s. 8(b), 41/2002 s. 26(2).

    (3)     The Tribunal may, in a notice under subsection (2) or (2A)(b)(i), advise that a person to whom the notice is given (other than a party) is not required to attend the hearing if that person does not have any matters to raise with the Tribunal in relation to the reassessment.

S. 62(4) inserted by No. 41/2002 s. 26(3).

    (4)     The amendments to this section made by section 26 of the Guardianship and Administration (Amendment) Act 2002 only apply to applications for a reassessment made after the amendments commence.



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