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Administration frequently asked questions

Who can be appointed an administrator?

To be considered for appointment by the State Administrative Tribunal, a proposed administrator must be willing, suitable and available to be appointed and:

  • be at least 18 years of age
  • be prepared to act in the person's best interests at all times and encourage the person's independence, personal decision making and participation in community life
  • not be in a position where their own interests conflict with the best interests of the represented person.

In situations where no-one is willing, suitable and available to take on the role of administrator, the Tribunal may appoint the Public Trustee.

Which agency is responsible for making an administration order?

The State Administrative Tribunal is the agency which manages all aspects of making an administration order. This includes providing and accepting application forms, providing advice about completing the application, holding the hearing, determining if an order should be made and, if so, who should be appointed.

Further information on making an application can be found under, How the SAT handles guardianship and administration matters on the Tribunal's website.

How is an administration order made?

Once an application is accepted, the State Administrative Tribunal will hold a hearing at which all interested parties will be able to provide their views on the need for an administration order. At the hearing, the Tribunal will make a decision about whether to make an order, and, where necessary, who should be appointed. The Tribunal will send copies of the administration order to all parties involved in the hearing process.

How long does an administration order last?

The State Administrative Tribunal is required to review administration orders at least every five years. The Tribunal makes the decision about the length of the order depending on each individual's circumstances.

It is also possible for a current order to be reviewed at any time if circumstances have changed.

What happens if an administrator can no longer fulfil his or her responsibilities?

An application can be made to the State Administrative Tribunal for a new administrator to be appointed when an appointed administrator is no longer able to fulfil their responsibilities. Any person who has an interest in the welfare of the person with a decision-making disability can apply for a review of the administration order.

If the issues underlying the original application for administration are resolved and there is no longer a need for an administrator, the Tribunal can revoke the administration order. If there is still a need for an administrator, the Tribunal will make a new order appointing a different person.

What happens if the administrator is not acting in the person’s best interests?

If someone is concerned that an administrator is not acting in the person's best interests, they may apply to the State Administrative Tribunal and a hearing may be convened. At this hearing the Tribunal will consider the information presented and determine whether to confirm the appointment or whether to revoke the order and appoint a new administrator.

When will a review of an administration order be conducted?

A review will be conducted if the administrator:

  • dies
  • applies to be discharged from their responsibilities
  • is no longer able to fulfil their responsibilities to the person with the decision-making disability because of their own physical or mental incapacity
  • is found to have been guilty of neglect or misconduct which in the State Administrative Tribunal's view, deems them no longer appropriate to act as administrator
  • becomes bankrupt.

The powers of an administrator cease on the death of the person with the decision-making disability.

Where can I get more information and support regarding administration matters?

If an administrator is uncertain about what decisions to make in the best interests of the represented person they may seek professional advice from a lawyer or financial advisor. It is also possible to make an application to the State Administrative Tribunal for directions on what action should be taken.

Administrators can employ, instruct and pay agents (for example, a solicitor, accountant, settlement agent, stockbroker or other person) to make business-related transactions within the management of the person's estate.

For further information regarding administration contact the Telephone Advisory Service on 1300 858 455 or contact the Public Trustee.

Last updated: 1-Sep-2016

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