South Australian Current Acts

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ADMINISTRATION AND PROBATE ACT 1919 - SECT 71

71—Payment without production of probate or letters of administration

        (1)         Where a Government employee dies and immediately before his death a sum not exceeding two thousand dollars was owing to him by the Government or by a person or authority representing the Government the Treasurer may in his discretion direct that such sum shall be paid to the surviving spouse or domestic partner of the deceased or to any other person to whom the Treasurer deems it just to pay it, or that such sum shall be divided among any of such persons.

        (1a)         Where a patient in a Government hospital dies and immediately before his death money or other property (not exceeding in amount or value two thousand dollars) was held on his behalf by the hospital, the Treasurer may, in his discretion, direct that the money or property be paid or delivered to the surviving spouse or domestic partner of the deceased, or to any other person who is, in the opinion of the Treasurer, entitled to it, or that the money or property be divided among any such persons.

        (2)         The Treasurer may refuse to give a direction under this section unless such indemnities or undertakings as he thinks necessary are given.

        (3)         A person shall not have a claim against the Crown, the Treasurer, or any other person representing the Crown in respect of the payment of money or the delivery of property pursuant to this section; but nothing in this section shall relieve a person receiving money paid or property delivered under this section from any liability to account for or apply that money or property in accordance with law.

        (4)         In this section—

"Government employee" means a person employed in the service of the Crown whose remuneration is paid out of money under the control of the Treasurer;

"Government hospital" means an institution declared by the Treasurer by notice in the Gazette to be a Government hospital for the purposes of this section.



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