Cost of investigations and audits
29 Cost of investigations and audits
If—
the public guardian undertakes an investigation concerning a financial matter or an audit at the request of a person; and
the public guardian is satisfied the request was frivolous or vexatious or otherwise without good cause;
the public guardian may, by written notice, require the person to pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.
If—
the public guardian undertakes an investigation concerning a financial matter or an audit; and
the public guardian considers the attorney or administrator concerned has contravened this Act, the Guardianship Act or the Powers of Attorney Act;
the public guardian may, by written notice, require the attorney or administrator to personally pay to the public guardian the amount the public guardian considers appropriate for the cost of the investigation or audit.
The public guardian may, by written notice, require a person who requests an investigation or audit to pay to the public guardian the amount the public guardian considers appropriate as security for a payment under subsection (1).
A person given notice under this section may apply to the tribunal to review the public guardian’s decision to require the payment, or the amount of the payment required, and the tribunal may make the order it considers appropriate.
In this section—
attorney means an attorney under a power of attorney.
This Act’s bill:Explanatory memorandumSecond reading speech
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