South Australian Numbered Acts

STATUTES AMENDMENT (PUBLIC TRUSTEE AND LITIGATION GUARDIAN) ACT 2024 (NO 34 OF 2024) - SECT 4

4—Insertion of section 83

After section 82 insert:

83—Matters to consider when deciding whether to appoint Public Advocate as litigation guardian

In determining whether the Public Advocate should act as a litigation guardian for a person in a proceeding (whether commenced before or after the commencement of this section), a court or tribunal must consider the following matters:

            (a)         whether the Public Advocate has been appointed or otherwise empowered to act in a specified capacity in respect of the person;

            (b)         whether there is a relative, friend or associate of the person who is willing and able to act as a litigation guardian for the person;

            (c)         whether in all of the circumstances, and taking into account the nature of the litigation, the Public Advocate is the most appropriate person to act as a litigation guardian for the person.