Western Australian Current Acts Western Australian Current Acts (1) An administrator
shall submit accounts to the Public Trustee as required by, or prescribed by
regulations, except so far as the administrator is exempted from doing so by
the Public Trustee.
(2) When a sole
administrator of the estate of a represented person dies, a person having
possession of any books, papers or documents relating to that estate shall
deliver them to the Public Trustee.
(3) The Public Trustee
shall examine any accounts lodged under subsection (1) or delivered under
subsection (2) and may —
(a)
allow them;
(b)
disallow any amount paid;
(c)
determine that any amount or asset has been omitted, or that any loss has
occurred.
(4) Where the Public
Trustee —
(a)
disallows an amount paid or determines that an amount or asset has been
omitted or that any loss has occurred; and
(b)
determines that there has thereby been a loss to or diminution of the estate,
the administrator is
liable to the estate for such loss or diminution, except to the extent that
the Public Trustee relieves him of liability.
(5) Accounts that have
been examined under this section and allowed by the Public Trustee are
conclusive unless the administrator acted dishonestly, in bad faith or without
reasonable cause.
(6) The Public Trustee
shall issue a certificate as to any loss or diminution for which an
administrator or his estate is liable under subsection (4), taking into
account any relief allowed by the Public Trustee under that subsection, and
the Public Trustee may recover the same from the administrator or his estate
for the benefit or the estate of the represented person as a debt due in a
court of competent jurisdiction.
(6a) A person
aggrieved by a decision of the Public Trustee under subsection (3) may apply
to the State Administrative Tribunal for a review of the decision.
(7) This section does
not apply to the Public Trustee in the Public Trustee’s capacity as an
administrator.
[Section 80 amended: No. 16 of 1992 s. 13 and 18;
No. 55 of 2004 s. 443.]