GUARDIANSHIP AND ADMINISTRATION ACT 2019

Victorian Current Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 2019

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Meaning of promote the personal and social wellbeing of a person
5. Meaning of decision-making capacity
6. Assessing decision-making capacity
7. Primary object
8. General principles
9. Decision-making principles

PART 2--THE PUBLIC ADVOCATE

10. Public Advocate
11. Terms and conditions of appointment
12. Resignation and vacancy
13. Acting Public Advocate
14. Oath or affirmation
15. Functions of the Public Advocate
16. Powers and duties of the Public Advocate
17. Powers of inspection
18. Public Advocate employees
19. Delegation
20. Confidentiality
21. Annual report

PART 3--GUARDIANSHIP ORDERS AND ADMINISTRATION ORDERS

Division 1--Applications for guardianship orders and administration orders

22. Application for guardianship orders
23. Application for administration orders
24. Matters to be included in application to VCAT
25. Who are the parties to a proceeding on an application?
26. Who is entitled to notice of an application, the hearing and any order made in the proceeding?
27. Contents of notice of application
28. Date for hearing of application for guardianship order or administration order
29. Participation of proposed represented person at hearing

Division 2--Making guardianship orders and administration orders and eligibility of persons appointed

30. VCAT may make a guardianship order or administration order
31. Factors to consider in determining need for guardian or administrator
32. Persons eligible as guardians or administrators
33. Other matters pertaining to appointments
34. Matters to be specified in guardianship orders and administration orders
35. Statement of wishes for future appointment may be lodged
36. Urgent guardianship orders and urgent administration orders
37. Hearing after making of urgent guardianship order or urgent administration order

Division 3--Powers of guardians

38. Powers of guardians
39. Matters for which power cannot be given under a guardianship order
40. Power for guardian to undertake legal proceedings

Division 4--Duties of guardians

41. Exercise of power by guardian
42. Guardian to report death of represented person

Division 5--Other matters pertaining to applications for guardianship orders and to guardianship orders

43. Special order in relation to proposed represented person unlawfully detained or at risk of harm
44. Guardian may seek advice from VCAT
45. Order for represented person to comply with guardian's decisions

Division 6--Powers of administrators

46. Powers of administrators
47. Power to make gifts
48. Powers of investment
49. Power to open will deposited with administrator
50. Power to exercise certain powers vested in represented person
51. Power for administrator to undertake legal proceedings
52. Other powers that may be specified in administration order
53. Matters for which power cannot be given under an administration order
54. Powers of administrator cease on death of represented person

Division 7--Duties of administrators

55. Exercise of power by administrator
56. Property of represented person
57. Conflict transactions
58. Permitted conflict transactions
59. Keeping records
60. Separation of administrator's property and the represented person's property
61. Accounts
62. Payments to person examining or auditing accounts
63. Administrator to report death of represented person

Division 8--Other matters pertaining to administration orders

64. Administrator may seek advice from VCAT
65. Administrator may seek advice from professional adviser
66. VCAT may open will
67. VCAT may compel production of will
68. VCAT may make copy of will available to administrator
69. VCAT to notify administrator if person ceases to be a represented person
70. Actions of administrator taken to be actions of former represented person
71. Administrator to pay to former represented person any money outstanding
72. Former represented person entitled to inspection of accounts
73. VCAT order that delivery of, or access to, documents be withheld
74. Sale of personal effects if unclaimed within 2 years after person ceases to be represented person
75. Restriction on powers of represented person in relation to financial matters
76. Interest of represented person in property not to be altered by sale or other disposition of property
77. Guardianship and Administration Fund
78. Application to VCAT by represented person or a person interested

PART 4--SUPPORTIVE GUARDIANSHIP ORDERS AND SUPPORTIVE ADMINISTRATION ORDERS

Division 1--Application for supportive guardianship orders and supportive administration orders

79. Application for supportive guardianship order
80. Application for supportive administration order
81. Matters to be included in application to VCAT
82. Who are the parties to a proceeding on an application?
83. Who is entitled to notice of an application, the hearing and any order made in the proceeding?
84. Contents of notice of application
85. Date for hearing of application for supportive guardianship order or supportive administration order
86. Participation of proposed supported person at hearing

Division 2--Making supportive guardianship orders and supportive administration orders and eligibility of persons appointed

87. VCAT may make a supportive guardianship order or supportive administration order
88. Persons eligible as supportive guardians or supportive administrators
89. Matters to be specified in supportive guardianship orders and supportive administration orders

Division 3--Powers and duties of supportive guardians and supportive administrators

90. Powers of supportive guardians or supportive administrators
91. Information power
92. Communication power
93. Power to give effect to decisions
94. Duties and obligations of supportive guardians and supportive administrators

Division 4--General

95. No entitlement to remuneration
96. When does a supportive guardianship order or supportive administration order cease to have effect?
97. Advice from VCAT
98. Supportive guardian or supportive administrator to report death of supported person

PART 5--ADMINISTRATION (MISSING PERSON) ORDERS

Division 1--Application for administration (missing person) orders

99. Application for administration (missing person) orders
100. Matters to be included in application to VCAT
101. Who are the parties to a proceeding on an application?
102. Who is entitled to notice of an application, the hearing and any order made in the proceeding?
103. Contents of notice of application
104. Date for hearing of application for administration (missing person) order

Division 2--Making administration (missing person) orders and eligibility of persons appointed

105. VCAT may make administration (missing person) order
106. Duration of order
107. Persons eligible as administrators for missing persons
108. Matters to be specified in administration (missing person) orders
109. Urgent administration (missing person) orders

Division 3--Powers of administrators for missing persons

110. Powers of administrators for missing persons
111. Powers of investment
112. Power to open will
113. Power to undertake legal proceedings
114. Other powers that may be specified in administration (missing person) order
115. Matters for which power cannot be given under an administration (missing person) order

Division 4--Duties of administrators under administration (missing person) orders

116. Exercise of power by administrator
117. Property of missing person
118. Conflict transactions
119. Permitted conflict transactions
120. Keeping records
121. Separation of administrator's property and missing person's property
122. Accounts
123. Payments to person examining or auditing accounts
124. Administrator to notify VCAT about status of missing person

Division 5--Other matters pertaining to administration (missing person) orders

125. Administrator may seek advice from VCAT
126. Administrator may seek advice from professional adviser
127. VCAT may open will
128. VCAT may compel production of will
129. VCAT may make copy of will available to administrator
130. VCAT to notify administrator if person ceases to be a missing person
131. Actions of administrator taken to be actions of former missing person
132. Administrator to pay to former missing person any money outstanding
133. Former missing person entitled to inspection of accounts
134. VCAT order that delivery of, or access to, documents be withheld
135. Sale of personal effects if unclaimed within 2 years after person ceases to be missing person
136. Interest of missing person in property not to be altered by sale or other disposition of property
137. Application to VCAT by a person interested
138. Order to revoke administration (missing person) order
139. Part does not exclude Administration and Probate Act 1958

PART 6--SPECIAL MEDICAL PROCEDURES

140. Definitions
141. VCAT may consent to special medical procedure
142. Effect of consent
143. Application for VCAT's consent to special medical procedure
144. Date for hearing
145. Consent of VCAT to special medical procedure
146. VCAT may confer authority to consent to continuing or further special medical procedure
147. Special medical procedure without consent of VCAT an offence
148. Refusal of consent to special medical procedure under an instructional directive
149. Unlawful consent to special medical procedure an offence

PART 7--REHEARINGS AND REASSESSMENT OF ORDERS

Division 1--Rehearings

150. Application for rehearing of application for order
151. Application for rehearing of reassessment of order
152. When may application for rehearing of application or for leave to apply for rehearing of application or rehearing of reassessment be made?
153. Matters for which application for rehearing cannot be made
154. Who are the parties to a rehearing?
155. Who is entitled to notice of an application for a rehearing?
156. Participation of proposed represented person or represented person at hearing
157. Rehearing
158. Effect of first instance order pending rehearing

Division 2--Reassessment of orders

159. Reassessment
160. Matters to be included in application to VCAT
161. Who are the parties to a reassessment?
162. Who is entitled to notice of a reassessment, the hearing and any order made in the proceeding?
163. Contents of notice of application for a reassessment
164. Conduct of reassessment on VCAT's initiative
165. Participation of represented person or supported person at hearing
166. VCAT to consider role of appointed person
167. Order after reassessment

PART 8--INTERSTATE ORDERS

168. Application of Part
169. Definitions
170. Corresponding laws and orders
171. Ministerial agreements
172. Registration of interstate orders
173. Reassessment of interstate orders
174. Reciprocal arrangements under the State Trustees (State Owned Company) Act 1994

PART 9--GENERAL PROVISIONS

175. Remuneration of administrators
176. Costs incurred by administrator
177. Resolution of disagreements between persons appointed as guardians or administrators
178. Enforcement orders
179. Matters before a Court
180. Effect of setting aside administration order or administration (missing person) order on previous actions of administrator
181. Compensation for acts of guardian or administrator
182. Relief from personal liability
183. Who can apply for an order for compensation?
184. Time limit for application for order for compensation
185. VCAT may refer matter to Supreme Court
186. No compensation
187. Judicial notice
188. Offence for guardian to use guardianship order dishonestly
189. Offence for administrator to use administration order dishonestly
190. Offence for administrator to use administration (missing person) order dishonestly
191. Offence for supportive guardian to use supportive guardianship order dishonestly
192. Offence for supportive administrator to use supportive administration order dishonestly
193. Criminal liability of officers of bodies corporate—failure to exercise due diligence
194. Regulations

PART 10--REPEAL OF GUARDIANSHIP AND ADMINISTRATION ACT 1986 AND SAVINGS AND TRANSITIONAL PROVISIONS

196. Definitions
197. Guardianship and Administration Act 1986 repealed
198. Guardianship orders made under the old Act
199. Administration orders made under the old Act
200. Administration orders made under the old Act in respect of the estate of a missing person
201. Applications made under the old Act for guardianship orders and administration orders
202. Special medical procedures
203. Rehearings of orders made under the old Act
204. Reassessments of orders made under the old Act
205. Interstate orders
206. VCAT may make orders of a transitional nature
ENDNOTES

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