Public Guardian Act 2014

The person who, immediately before the commencement, held the office of adult guardian goes out of office.

However, the person holding the office of adult guardian before the commencement is to be offered appointment to the office of public guardian effective on the commencement.

Subsection (2) applies despite section 96.

The Minister must give the person a written notice stating the conditions decided by the Governor in Council for appointment to the office.

If the person consents to hold office as the public guardian—

the person holds the office subject to this Act and the conditions decided by the Governor in Council until 12 August 2015; and

no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian’s office.

If the person does not consent to hold office as public guardian, no amount, whether by way of compensation, reimbursement or otherwise is payable by the State for or in connection with the abolition of the adult guardian’s office, other than as expressly provided for under the person’s contract of employment.

It is declared that subsection (6) does not limit or otherwise affect the person’s right to a benefit or entitlement that, under the person’s contract, had accrued or was accruing immediately before the commencement.

Also, if the person does not consent to hold the office, on the commencement, a benefit or entitlement mentioned in subsection (7) ceases to accrue and becomes payable as if—

the person’s contract had, according to its terms, been terminated on that day; and

the termination is other than by the person.

Nothing in this section displaces the operation of the Acts Interpretation Act 1954, section 17.