Western Australian Current Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 80

80 .         Accounts

        (1)         An administrator shall submit accounts to the Public Trustee as required by, or prescribed by regulations, except so far as the administrator is exempted from doing so by the Public Trustee.

        (2)         When a sole administrator of the estate of a represented person dies, a person having possession of any books, papers or documents relating to that estate shall deliver them to the Public Trustee.

        (3)         The Public Trustee shall examine any accounts lodged under subsection (1) or delivered under subsection (2) and may —

            (a)         allow them;

            (b)         disallow any amount paid;

            (c)         determine that any amount or asset has been omitted, or that any loss has occurred.

        (4)         Where the Public Trustee —

            (a)         disallows an amount paid or determines that an amount or asset has been omitted or that any loss has occurred; and

            (b)         determines that there has thereby been a loss to or diminution of the estate,

                the administrator is liable to the estate for such loss or diminution, except to the extent that the Public Trustee relieves him of liability.

        (5)         Accounts that have been examined under this section and allowed by the Public Trustee are conclusive unless the administrator acted dishonestly, in bad faith or without reasonable cause.

        (6)         The Public Trustee shall issue a certificate as to any loss or diminution for which an administrator or his estate is liable under subsection (4), taking into account any relief allowed by the Public Trustee under that subsection, and the Public Trustee may recover the same from the administrator or his estate for the benefit or the estate of the represented person as a debt due in a court of competent jurisdiction.

        (6a)         A person aggrieved by a decision of the Public Trustee under subsection (3) may apply to the State Administrative Tribunal for a review of the decision.

        (7)         This section does not apply to the Public Trustee in the Public Trustee’s capacity as an administrator.

        [Section 80 amended: No. 16 of 1992 s. 13 and 18; No. 55 of 2004 s. 443.]



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