(1) A person who has,
in the opinion of the State Administrative Tribunal, a proper interest in the
matter may apply to the Tribunal for an order —
requiring the donee of an enduring power of attorney to file with the Tribunal
and serve on the applicant a copy of all records and accounts kept by the
donee of dealings and transactions made by him in connection with the power;
requiring such records and accounts to be audited by an auditor appointed by
the Tribunal and requiring a copy of the report of the auditor to be furnished
to the Tribunal and the applicant for the order; or
revoking or varying the terms of an enduring power of attorney, appointing a
substitute donee of the power or confirming that a person appointed to be the
substitute donee of the power has become the donee.
(2) The donee of an
enduring power of attorney may apply to the State Administrative Tribunal
an order referred to in subsection (1)(c); or
directions as to matters connected with the exercise of the power or the
construction of its terms.
(3) The State
Administrative Tribunal may, upon an application under this section or upon
receiving a report of a donee’s bankruptcy under section 107(1)(d)
an order referred to in subsection (1) or (2); or
such other order as to the exercise of the power or the construction of its
terms as the Tribunal thinks fit.
(4) An order under
this section may be made subject to such terms and conditions as the State
Administrative Tribunal thinks fit.
(5) In relation to an
enduring power of attorney recognised by the State Administrative Tribunal
under section 104A, an order under this section is limited to the
donor’s estate within Western Australia.
[Section 109 amended: No. 7 of 1996 s. 34; No. 70
of 2000 s. 17; No. 55 of 2004 s. 466.]