Western Australian Consolidated Acts Western Australian Consolidated Acts [Heading amended by No. 19 of 2010
s. 18(7).]
1 . Existing functions of Public Trustee to
continue
(1) Where immediately
before the commencement of section 123 the Public Trustee had the care
and management of the estate of an incapable patient under section 24 of
the Public Trustee Act 1941 or of an infirm person under section 36C
of that Act, he shall, subject to this clause, continue to have those
functions under that section and other functions conferred on him in that
capacity by any other written law, and the Public Trustee Act 1941 and
such other written law shall continue to apply for that purpose, as if
section 123 had not come into operation.
(2) Subclause (1)
also applies, with all necessary changes, where the Public Trustee derives his
authority from section 34 of the Public Trustee Act 1941 .
(3) The Public Trustee
shall cease to have the functions under section 24 referred to in
subclause (1) when he is notified —
(a) that
the incapable patient has died;
(b)
under subclause (5), that the incapable patient —
(i)
is capable of managing his affairs; or
(ii)
is no longer an involuntary patient under the
Mental Health Act 1996 or, in the case of a voluntary patient, has left
the hospital;
or
(c) that
an administration order has been made under Part 6 in respect of the
incapable patient.
(4) The Public Trustee
shall cease to have the functions under section 36C referred to in
subclause (1) when he is notified —
(a) that
the infirm person has died; or
(b) that
an administration order has been made under Part 6 in respect of the
infirm person,
or when he certifies
under the Public Trustee Act 1941 that a person is not, or has ceased to
be, an infirm person.
(5) Where the
functions of the Public Trustee under section 24 of the Public Trustee
Act 1941 are continued under subclause (1) in respect of an
incapable patient, the officer in charge of the authorised hospital in which
the person is a patient under the Mental Health Act 1996 shall notify
the Public Trustee in the prescribed form if the patient —
(a)
dies;
(b) in
the opinion of a psychiatrist at the hospital becomes capable of managing his
affairs; or
(c) is
no longer an involuntary patient under the Mental Health Act 1996 or, in
the case of a voluntary patient, leaves the hospital.
(6) The officer in
charge of an authorised hospital, when notifying the Public Trustee under
subclause (5) that a person is no longer an involuntary patient or has
left the hospital, shall also report to the Public Trustee whether or not, in
the opinion of a psychiatrist at the hospital, the person is capable of
managing his affairs.
(7) If the officer in
charge reports to the Public Trustee under subclause (6) that the person
is not capable of managing his affairs, the Public Trustee shall continue to
have the care and management of the estate of that person by virtue of
subclause (1) as if immediately before the commencement of this
Act the person had been an infirm person under section 36C of the
Public Trustee Act 1941 .
[Clause 1 amended by No. 69 of 1996
s. 37.]
2 . Existing managers under Mental Health
Act 1962 to continue
(1) Where immediately
before the commencement of section 123, a manager of the estate of an
incapable person is in office under Part VI of the Mental Health Act 1962
7 , he shall, subject to this clause, continue to have that function and
other functions conferred on him in that capacity by any other written law,
and Part VI of that Act and such other written law shall continue to
apply for that purpose, as if section 123 had not come into operation.
(2) Subclause (1)
also applies, with all necessary changes, where the Public Trustee is the
manager of the estate of a person under section 25 of the
Public Trustee Act 1941 .
(3) A manager referred
to in this clause shall cease to hold office as manager of the estate of a
person when he is notified —
(a) that
the person has died;
(b) that
the Supreme Court has made an order under section 66 of the Mental Health
Act 1962 7 or the appointment has been revoked under
section 25(2) of the Public Trustee Act 1941 ; or
(c) that
an administration order has been made under Part 6 in respect of the
person.
3 . Application for administration order may be
made
(1) A person may at
any time apply to the State Administrative Tribunal under Part 4 for an
administration order in respect of a person notwithstanding
that —
(a) the
Public Trustee has the care and management of the estate of that person; or
(b) a
manager of the estate of that person is in office under Part IV of the
Mental Health Act 1962 7 ,
as provided in
clause 1 or 2 or by operation of clause 5.
(2) Where an
application is made for an administration order and a manager is in office as
mentioned in subclause (1)(b), notice under section 41 shall be
given to the Principal Registrar of the Supreme Court and to the manager.
[Clause 3 amended by No. 55 of 2004
s. 466(1).]
(1) In any written law
and in any deed or other instrument, unless clause 1 or 2 applies or the
context is such that it would be incorrect or inappropriate, a reference
to —
(a) an
incapable person within the meaning in section 5 of the Mental Health
Act 1962 7 shall be read as a reference to a person in respect of
whom an administration order is in force under Part 6;
(b) a
manager within the meaning in that section shall be read as a reference
to an administrator under this Act.
(2) In any written law
other than this Act, unless the context is such that it would be incorrect or
inappropriate, a reference to a represented person shall include a person who,
after the commencement of this Act, is an incapable person, an incapable
patient or infirm person in the circumstances provided for in clause 1 or
2.
5 . Proceedings in progress under Mental Health
Act 1962 Pt. VI
If —
(a) an
application under section 64(1) of the Mental Health Act 1962
7 has been made but not disposed of before the commencement of
section 123; or
(b) any
matter or thing has been commenced under section 64(6) or (7) of that
Act but not completed to the satisfaction of the court before the
commencement of section 123,
the application,
matter or thing may be completed under Part VI of the Mental Health
Act 1962 7 after the commencement of section 123 as if that
section had not come into operation.
6 . Final accounts where administration order made
Where an
administration order is made as mentioned in clause 2(3)(c), the accounts
of the manager shall be taken in accordance with rules of court having
application for the purposes of clause 2(1) as if the manager had been
discharged on the day on which the administration order is made.