Guardianship and Management of Property Act 1991

The ACAT may order the guardian or manager for a person (the protected person) to pay an amount to the protected person or, if the protected person has died, the protected person’s estate—

to compensate for a loss caused by the failure of the guardian or manager to comply with this Act in the exercise, or purported exercise, of a power; or

to account for any profits the guardian or manager has accrued as a result of their failure to comply with this Act in the exercise, or purported exercise, of a power.

However, the ACAT must not order the guardian or manager to make a payment under both subsection (1) (a) and (b) in relation to the same exercise, or purported exercise, of power.

Subsection (1) applies whether or not the guardian or manager is convicted of an offence in relation to the failure.

The ACAT may make an order under subsection (1)—

on its own initiative; or

on application by an interested person in relation to the protected person.

If the protected person or the guardian or manager has died, any application under subsection (4) (b) must be made—

within 6 months after the day of the death; and

if both the protected person and the guardian or manager have died—within 6 months after the day of the first death.