In the lead up to the Launch of Legal Tweaks 2013 eventbrite.au/event/9106221955/LTfb on 25 November we will be sharing the Tweaks from last years publication. First up a Tweak from Ben Fogarty who would Introduce automatic reviews of financial management orders. Bens Tweak is extracted below: #nswpol I would amend the Guardianship Act 1987 (NSW) to insert a provision requiring automatic reviews of financial management orders every 1 to 2 years (as a minimum). The Guardianship Act 1987 (NSW) presently only provides for reviews of financial management orders where an eligible person brings an application for review. Reviews are the exception, not the rule. Most guardianship legislation across Australia provides for automatic reviews of financial management orders1. Automatic review periods vary from jurisdiction to jurisdiction – the most frequent being annually, the least frequent being every five years. A review considers whether the financial management order needs to be amended, varied, continued or replaced subject to any conditions or restrictions, or revoked altogether. I would propose adoption of a provision similar to the Victorian one: 61. Reassessment (1) The Tribunal must conduct a reassessment of a guardianship order or an administration order: (a) within 12 months after making the order, unless the Tribunal orders otherwise; and (b) in any case, at least once within each 3 year period after making the order unless the Tribunal orders otherwise. (2) The Tribunal may at any time conduct a reassessment of any order made by it under this Act. Automatic reviews will improve the accountability of private managers, government and private trustee companies and financial managers, and will improve the experience of people subject to financial management orders by allowing them an opportunity to contest an order and to show that their circumstances have changed sufficiently for the order to be varied or revoked. Of course, legislative amendment in this regard will not be enough – the New South Wales government will need to adequately fund and resource the Guardianship Tribunal for the additional work the change will create, so that reviews will be meaningful and procedurally fair.
Posted on: Sun, 03 Nov 2013 10:43:19 +0000
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