South Australia
Guardianship and Administration Regulations 2015
under the Guardianship and Administration Act 1993

Contents
1	Short title
2	Commencement
3	Interpretation
4	Public Advocate's annual report—prescribed particulars of warrant applications (section 24(2) of Act)
5	Limits on expenditure by administrators (section 39(3) of Act)
Schedule 1—Rates and fees
1	Rate of remuneration for professional administrators (section 46(2) of Act)
2	Scale of legal practitioner fees (section 65(3) of Act)
Schedule 2—Revocation of Guardianship and Administration Regulations 2010
Legislative history

1—Short title
These regulations may be cited as the Guardianship and Administration Regulations 2015.
2—Commencement
These regulations will come into operation on the day on which Part 8 of the Statutes Amendment (SACAT) Act 2014 comes into operation.
3—Interpretation
In these regulations—
Act means the Guardianship and Administration Act 1993.
4—Public Advocate's annual report—prescribed particulars of warrant applications (section 24(2) of Act)
For the purposes of section 24(2) of the Act, the prescribed particulars of applications for warrants made during the year are as follows:
	(a)	the number of applications for warrants made during the year;
	(b)	the age, sex and details of the alleged mental incapacity of the persons to whom the applications related;
	(c)	the grounds on which the applications were based;
	(d)	the number of applications withdrawn during the year;
	(e)	the number of warrants issued during the year;
	(f)	the number of warrants refused during the year;
	(g)	in relation to warrants issued—
	(i)	the age, sex and details of the mental incapacity of the persons to whom the warrants related;
	(ii)	the grounds on which the warrants were issued;
	(iii)	the action taken under the warrants.
5—Limits on expenditure by administrators (section 39(3) of Act)
	(1)	For the purposes of section 39(3) of the Act, the administrator of the estate of a protected person cannot, except with the prior approval of the Tribunal, expend in any 1 year of administration more than the following amounts of money out of the estate in respect of the following matters:
	(a)	for accommodation costs (by way of rent or board and lodging) for the protected person—$19 000;
	(b)	for premiums paid under the Retirement Villages Act 1987—$100 000;
	(c)	for the maintenance of the protected person's spouse or domestic partner—
	(i)	the sum produced by adding together the amount of average weekly earnings applicable in respect of each week in that year; or
	(ii)	one half of the protected person's net income (that is to say, taxable income less tax) for the last financial year,
whichever is the lesser;
	(d)	for the maintenance, education or advancement of the protected person's children and grandchildren—$8 700.
	(2)	In this regulation—
average weekly earnings means the amount published quarterly by the Commonwealth Statistician as the average full time adult ordinary time earnings across private and public sectors.

Schedule 1—Rates and fees
1—Rate of remuneration for professional administrators (section 46(2) of Act)
For the purposes of section 46(2) of the Act, the prescribed rate is $71.50 for each hour.
2—Scale of legal practitioner fees (section 65(3) of Act)
For the purposes of section 65(3) of the Act, the prescribed scale is as follows:

(a)	in relation to a review or appeal—		
		(i)	for each 15 minutes, or part of 15 minutes, spent preparing for the hearing of a review or appeal (subject to a maximum of 3 hours) or attending the hearing of a review or appeal (including if the hearing is adjourned but excluding time taken to travel to or from the place of hearing)	$33.65	
		(ii)	for each 15 minutes, or part of 15 minutes, spent travelling from the practitioner's usual place of business to the place where the person to whom the review or appeal relates is to be interviewed or the hearing of a review or appeal is to be held or from such a place to the practitioner's usual place of business	$12.50	
		(iii)	for each kilometre, or part of a kilometre, travelled from the practitioner's usual place of business to the place where the person to whom the review or appeal relates is to be interviewed or the hearing of the review or appeal is to be held or from such a place to the practitioner's usual place of business	$0.71	
(b)	in relation to an application for permission for review—for all work done (including attending before the Tribunal)	$66.00	
(c)	in relation to an application for leave to appeal—for all work done (including attending before the Supreme Court)	$88.00	

Schedule 2—Revocation of Guardianship and Administration Regulations 2010
The Guardianship and Administration Regulations 2010 are revoked.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations
Year	No	Reference	Commencement	
2015	19	Gazette 5.3.2015 p893 	29.3.2015: r 2