Powers of Attorney Act 2000

An attorney under an enduring power of attorney may apply for advice or direction by the Tribunal on any matter relating to the scope of his or her appointment as such or the exercise of any power by the attorney under the enduring power of attorney.

An application under subsection (1) may be made in accordance with section 34 or informally.

The Tribunal may require notice of an application under subsection (1) to be given to any person that the Tribunal directs and may exercise its powers under this section without a hearing.

The Tribunal may – approve or disapprove of any act proposed to be done by the attorney; and give such advice or direction as it considers appropriate; and vary the effect of the enduring power of attorney or make any other order that it could have made on an application under section 33.

The Tribunal of its own motion may direct, or offer advice to, an attorney in respect of any matter arising under the power of attorney.

Without limiting the powers conferred by this section, the Tribunal may – require an attorney to lodge with the Tribunal a copy of all records and accounts kept by the attorney of dealings and transactions made by him or her under the power; or require those records and accounts to be audited by an auditor appointed by the Tribunal and require a copy of the report of the auditor to be furnished to the Tribunal; or require the attorney to submit a plan of financial management to the Tribunal.

An attorney who contravenes a direction given to him or her under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.