Western Australian Current Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 95

95 .         Powers of delegation

        (1)         The Public Advocate may either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer appointed under section 94 any function of the Public Advocate other than —

            (a)         this power of delegation; and

            (b)         except as provided in subsection (2), his functions as a guardian or administrator.

        (2)         Where the Public Advocate is a guardian or administrator, he may with the approval of the State Administrative Tribunal, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate any of his functions as guardian or administrator, including this power of delegation, to any person specified in the instrument of delegation.

        (3)         The State Administrative Tribunal shall not approve a delegation by the Public Advocate under subsection (2) to a body corporate unless it is satisfied that there is no individual willing and suitable to act as delegate.

        (4)         An application for the approval of the State Administrative Tribunal under subsection (2) shall be made ex parte, or the Tribunal may give directions as to the persons to whom notice of the application shall be given and who shall be entitled to be heard.

        [Section 95 amended: No. 7 of 1996 s. 36; No. 55 of 2004 s. 466.]