Western Australian Current Acts

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85 .         Circumstances in which review mandatory

        (1)         Without limiting section 84 or 86, the State Administrative Tribunal shall review a guardianship or administration order if a guardian or administrator —

            (a)         dies; or

            (b)         wishes to be discharged; or

            (c)         has been guilty of such neglect or misconduct or of such default as, in the opinion of the Tribunal, renders him unfit to continue as guardian or administrator; or

            (d)         appears to the Tribunal to be incapable by reason of mental or physical incapacity of carrying out his duties; or

            (e)         is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

            (f)         being a corporate trustee, has ceased to carry on business, has begun to be wound up, or is under official management or subject to receivership.

        (2)         A review under subsection (1) shall be made on the application of any person.

        (3)         A review under subsection (1) shall be carried out as soon as is practicable after the application for review is made.

        (4)         Where —

            (a)         a joint guardian or administrator dies; or

            (b)         an alternate guardian becomes the guardian under section 55 on the death of the original guardian,

                the Public Advocate shall ensure that an application for review is made as soon as practicable after the date of death.

        [Section 85 amended: No. 55 of 2004 s. 445 and 466; No. 18 of 2009 s. 38(2).]

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