Reporting Requirements of an Administrator Under the Guardianship and Administration Act 1990 (WA)

The Guardianship and Administration Act 1990 (WA) establishes the legal framework for the appointment of administrators to manage the financial and property affairs of individuals who are unable to do so themselves due to incapacity. As an appointed administrator, it is your responsibility to ensure the proper management of the represented person’s affairs, which includes adhering to specific reporting requirements set out by the Guardianship and Administration Act 1990 (WA) and which are enforced by the State Administrative Tribunal (SAT).

Fulfilling your obligations as an administrator can be complex. This article outlines the key reporting responsibilities and how our team can help you comply with the relevant legal requirements while ensuring the best interests of the represented person are being protected.

Key reporting requirements for administrators

As an administrator under the Guardianship and Administration Act 1990 (WA), there are several important duties regarding reporting and record-keeping that you must be aware of:

1. Annual reports

Administrators are required to prepare and submit an annual report detailing the administration of the represented person’s financial affairs. The report includes:

• A summary of all financial transactions conducted during the year.
• Details of any assets, income, and liabilities of the represented person.
• Information about investments or any significant changes to the person’s financial situation.

This annual report serves as a safeguard to ensure that the administrator is properly managing the person’s financial affairs and is acting in their best interests.

2. Periodic reporting requirements

In addition to the annual report, an administrator may be required to provide more frequent reports. For example, if there are concerns about how the administrator is managing the represented person’s affairs or if there have been substantial changes in their financial circumstances, the administrator may be required to prepare and submit interim reports.

3. Consent for significant financial decisions

An administrator may also seek approval before making certain decisions that significantly affect the financial or personal welfare of the represented person. This could include:

• Selling or transferring property.
• Making significant investments or altering an investment portfolio.
• Entering into contracts or agreements on behalf of the represented person.

The administrator must ensure that financial and legal decisions align with the represented person’s best interests and any conditions outlined by the State Administrative Tribunal.

4. Record keeping and transparency

Administrators are required to maintain accurate records of all transactions and decisions made on behalf of the represented person. These records must be kept for a minimum of five years and be available for inspection. This includes:

• Bank statements, receipts, and invoices.
• Records of property, investments, and other assets.
• Documentation of any legal or financial advice received.

Failure to maintain proper records can result in legal consequences, including fines and removal as administrator.

5. Final report and account when administration ends

Once the administration order is no longer required—whether due to the represented person’s recovery, a change in circumstances, or the expiration of the order—the administrator must submit a final report. This report must outline all actions taken during the period of administration, including the final accounting of the represented person’s finances and any assets remaining.

Legal support for administrators

Navigating the reporting requirements under the Guardianship and Administration Act 1990 (WA) can be challenging, especially when managing the complex affairs of a vulnerable person. At Lewis Kitson Lawyers, we offer comprehensive legal support to administrators in the following ways:

1. Assisting with the preparation of reports

Our experienced lawyers can help you prepare the annual and periodic reports required by the State Administrative Tribunal. We ensure that your reports are comprehensive, accurate, and comply with all statutory requirements. We understand the nuances of the Act and will work closely with you to ensure that the best interests of the represented person are always at the forefront.

2. Guidance on financial decision-making

Making major financial decisions on behalf of a represented person requires careful consideration and legal expertise. We can advise you on the process for significant financial decisions and assist in submitting applications to the State Administrative Tribunal where necessary.

3. Compliance and record-keeping

Our team can guide you on the necessary record-keeping requirements, helping you establish and maintain the proper documentation for all transactions and decisions. We can also provide support in the event that your records are reviewed by the State Administrative Tribunal or another authority.

4. Legal advice for administrators

If you encounter any difficulties or concerns about your role as an administrator, we are here to provide expert legal advice. Whether you need assistance interpreting the Act, resolving disputes with family members, or ensuring compliance with your reporting obligations, we are ready to support you every step of the way.

5. Representation at SAT hearings

If there are any issues or disputes about your administration or reporting, we can represent you at State Administrative Tribunal hearings. Our team is skilled in advocating for administrators and ensuring that your position is clearly presented in front of the Tribunal.

As an administrator, it is vital to ensure you are fulfilling all legal obligations and reporting requirements under the Guardianship and Administration Act 1990 (WA). With the support of the experienced legal team at Lewis Kitson Lawyers, you can rest assured that you are meeting your responsibilities while acting in the represented person’s best interests.

If you need advice or assistance with your obligations as an administrator, contact Lewis Kitson Lawyers today. Our team is ready to provide expert legal guidance and support throughout the administration process.