Western Australian Current Acts Western Australian Current Acts (1) The executive
officer shall, at least 14 days before the day on which an application for a
guardianship or administration order is to be heard, cause notice of the
hearing to be given to —
(a) in
every case —
(i)
the applicant;
(ii)
the person in respect of whom the application is made;
(iii)
the nearest relative of that person;
(iv)
the Public Advocate; and
(v)
any other person who in the opinion of the executive
officer has a proper interest in the proceedings;
(b) in
the case of an application for a guardianship order —
(i)
any proposed guardian (including a proposed alternate
guardian) of the person in respect of whom the application is made; and
(ii)
the administrator (if any) of the estate of that person;
and
(c) in
the case of an application for an administration order —
(i)
any proposed administrator of the estate of the person in
respect of whom the application is made;
(ii)
the Public Trustee; and
(iii)
the guardian (if any) of the person in respect of whom
the application is made.
(2) A notice under
subsection (1) shall include —
(a)
particulars of the application and the time and place of the hearing; and
(b) in
the case of the notice given to the applicant or to the person in respect of
whom the application is made, a summary of —
(i)
the provisions of section 16 and clause 13 of Schedule 1,
and sections 39, 87 and 88 of the State Administrative Tribunal Act 2004 , as
they affect that person; and
(ii)
the kinds of order that may be made by the State
Administrative Tribunal on the application.
(3) The State
Administrative Tribunal may, where it considers that exceptional circumstances
so require —
(a)
shorten the time for giving notice to all or any of the persons referred to in
subsection (1); and
(b)
dispense with the requirements for notice to be given to all or any of the
persons referred to in that subsection, other than the applicant, the person
in respect of whom the application is made and the Public Advocate.
[Section 41 amended: No. 16 of 1992 s. 18; No. 7
of 1996 s. 36; No. 55 of 2004 s. 436 and 466(1); No. 19 of 2010 s. 18(2).]
[ 42. Deleted: No. 55 of 2004 s. 437.]