Clause 3

the filing or lodging of any document with the Public Guardian, or the submission, production, delivery, furnishing or sending of any document to the Public Guardian, under or for the purposes of this Act;

the making of any application, submission or request to the Public Guardian under or for the purposes of this Act;

the provision of any undertaking or declaration to the Public Guardian under or for the purposes of this Act; and

the extraction, retrieval or accessing of any document, record or information maintained by the Public Guardian under or for the purposes of this Act.Establishment of electronic transaction system10B.—

The Public Guardian may establish an electronic transaction system —

to enable any donor to create an electronic instrument with a view to creating a lasting power of attorney;

to enable any person to carry out any transaction with the Public Guardian;

to enable a person to give a notice to another person under or for the purposes of this Act;

to enable the Public Guardian to issue any approval, certification, notice or other document under or for the purposes of this Act;

to enable the Public Guardian to attach a note to any lasting power of attorney;

to enable the Public Guardian to provide to persons entitled copies or extracts of documents filed or lodged with, submitted to, or issued by, the Public Guardian;

to enable the Public Guardian to provide a service for the supply to the public of non‑confidential information relating to transactions with the Public Guardian; and

to enable the Public Guardian to carry out any of the Public Guardian’s functions, or to provide any other service falling within those functions.(2) The non‑confidential information that may be provided under the service mentioned in subsection (1)(g) —

may include —

information extracted from documents filed or lodged with, submitted to, or issued by, the Public Guardian; and

collations, summaries, reports or analyses of documents filed or lodged with, submitted to, or issued by, the Public Guardian; and

may be derived from documents filed or lodged with, submitted to, or issued by, the Public Guardian other than through the electronic transaction system. (3) Where any transaction with the Public Guardian can be carried out using the electronic transaction system, the Public Guardian may refuse to process the transaction unless —

the transaction is carried out in accordance with this Part, including the requirements for the use of the electronic transaction system specified in subsection (4);

the transaction meets the requirements prescribed in this Act or specified by the Public Guardian (as the case may be) for that transaction; and

the fee payable for the transaction has been paid.(4) Subject to this Part and any regulations made under section 46, the Public Guardian may, from time to time, determine the requirements for the use of the electronic transaction system, which may include —

conditions of access to, and use of, the electronic transaction system;

security and authentication requirements for access to, and use of, the electronic transaction system;

retention and production of documents supporting or authenticating transactions; and

modes of payment for transactions.(5) The Public Guardian must keep a record, in such form as the Public Guardian may determine, of —

all transactions with the Public Guardian that are carried out using the electronic transaction system;

all approvals, certifications, notices and other documents issued by the Public Guardian under or for the purposes of this Act through the electronic transaction system; and

all notes attached by the Public Guardian to any lasting power of attorney using the electronic transaction system.(6) The Public Guardian must ensure that each of the following documents is kept in such form as the Public Guardian may determine, that ensures the integrity, and enables the retrieval, of the document:

any lasting power of attorney that is created using the electronic transaction system; (b)any electronic copy of a non‑electronic lasting power of attorney. Requirement to use electronic transaction system 10C.—

Except as provided in subsection (2), a person who wishes to carry out a transaction with the Public Guardian —

must do so using the electronic transaction system if the transaction is an application for the registration of an instrument purporting to create a lasting power of attorney;

must do so using the electronic transaction system if required by the Public Guardian; or

may do so using the electronic transaction system if permitted by the Public Guardian.(2) If a transaction with the Public Guardian under or for the purposes of this Act cannot be carried out using the electronic transaction system —

because the person mentioned in subsection (1) is unable to carry out the transaction using the electronic transaction system due to the person’s physical disability or other circumstance;

because the electronic transaction system is unavailable; or

for any other reason, the transaction must be carried out in the form and manner determined by the Public Guardian.Electronic transaction system malfunction, errors and omissions10D.—

Despite any other written law or rule of law, the Public Guardian may —

correct any error or omission in any register kept by the Public Guardian under this Act;

correct any error or omission in any document filed or lodged with, or submitted to, the Public Guardian; and

supply entries or records omitted to be made in any register mentioned in paragraph (a),if the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system.(2) The Public Guardian must maintain a record of every correction made under subsection (1).(3) When any error or omission has been corrected under subsection (1), the error or omission is deemed not to have occurred.(4) The Public Guardian, an Assistant Public Guardian, an authorised officer or any person acting under the direction of the Public Guardian or an Assistant Public Guardian is not liable for any loss or damage suffered by any person by reason of any error or omission, if —

the error or omission had occurred or arisen as a result of any malfunction of the electronic transaction system; and

the malfunction of the electronic transaction system had occurred despite the Public Guardian having acted in good faith and with reasonable care to prevent such a malfunction from occurring.”.