Queensland Numbered Acts

GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 25

25 Amendment of s 59 (Compensation for failure to comply)

(1) Section 59 , all words before subsection (2) —
omit, insert —

59 Compensation and accounting for profits for failure to comply

(1) The tribunal or a court may order a guardian or administrator for an adult (an
"appointee" ) to pay an amount to the adult or, if the adult has died, the adult’s estate—

(a) to compensate for a loss caused by the appointee’s failure to comply with this Act in the exercise of a power; or

(b) to account for any profits the appointee has accrued as a result of the appointee’s failure to comply with this Act in the exercise of a power.

(1A) However, the tribunal or court may not order the appointee to make a payment under both subsection (1)(a) and (b) in relation to the same exercise of power.

(2) Section 59 —
insert —

(2A) Also, subsection (1) applies even if the appointee’s appointment has ended.

(3) Section 59 (3) and (4) , ‘the application for compensation’—
omit, insert —
an application for an order under subsection (1)

(4) Section 59 (6) , from ‘for compensation under’—
omit, insert —
under subsection (1), the tribunal or court may also order that the security be applied in satisfaction of the order.

(5) Section 59 (7) , ‘Compensation paid under a tribunal or court order’—
omit, insert —
An amount paid under a tribunal or court order under subsection (1)

(6) Section 59 (1A) to (8) —
renumber as section 59 (2) to (10) .