Guardianship and Administration Act 1990

Whenever the State Administrative Tribunal makes a guardianship or administration order or an order under section 66 or 106 in respect of a person who is enrolled as an elector under the Electoral Act 1907 it shall consider whether he is capable of making judgments for the purpose of complying with the provisions of that Act relating to compulsory voting; and if it is satisfied that the person is not capable of doing so it shall include in the guardianship or administration order or order under section 66 or 106 a declaration to that effect.

The State Administrative Tribunal may also —

consider the matter referred to in subsection (1) at any later time and make a declaration mentioned in that subsection; or

at any time revoke a declaration under that subsection.

A declaration under subsection (1) ceases to have effect when a guardianship or administration order or order under section 66 or 106 is revoked.

As soon as is practicable after a declaration under subsection (1), or a revocation of a declaration, is made by the State Administrative Tribunal, or after a guardianship or administration order or order under section 66 or 106 is revoked, the executive officer shall, for the purposes of section 51AA of the Electoral Act 1907, give notice in writing to the Electoral Commissioner appointed under that Act of the declaration or revocation showing particulars of the name, address, age and occupation of the person to whom the notice relates.

The powers in subsection (2) may be exercised by the State Administrative Tribunal on the application of the guardian or administrator or donee of a power of attorney under Part 9, and any such application may be made ex parte or the Tribunal may give directions as to the persons to whom notice of the application shall be given and who shall be entitled to be heard.