Victorian Current Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 198

    (1)     Despite the repeal of the old Act, a guardianship order made under section 22 or 33 of the old Act and in force immediately before commencement day remains in force for the period specified in the order unless sooner revoked or set aside by an order of a court or VCAT and—

        (a)     subject to anything to the contrary in this Part, the provisions of the old Act continue to apply, and the provisions of the new Act do not apply, to the guardian appointed under that guardianship order and to the represented person; and

        (b)     without limiting the generality of paragraph (a), the powers and duties of the guardian appointed by the guardianship order are the powers and duties conferred on the guardian under the old Act; and

        (c)     if, before the revocation or setting aside of the guardianship order, the alternative guardian takes over the office of the guardian in accordance with section 35 of the old Act, the alternative guardian has the same powers and duties with respect to the represented person as the guardian had immediately before the guardian's death, absence or incapacity.

    (2)     On and after commencement day, the following provisions of the new Act apply to the guardian and to the represented person referred to in subsection (1)—

        (a)     section 177 of the new Act (resolution of disagreements);

        (b)     section 178 of the new Act (enforcement orders);

        (c)     sections 181 to 186 of the new Act (compensation), as if the contravention relevant to those provisions were a contravention of a provision under the old Act occurring after commencement day;

        (d)     section 188 of the new Act (offences to use guardianship order dishonestly).

    (3)     On and after commencement day, a temporary guardianship order made under section 33 of the old Act may be renewed once in accordance with section 33(2) of that Act and VCAT must hold a hearing to determine whether a guardianship order should be made under the new Act as soon as practicable after the making of the temporary order under the old Act but within 42 days after making that order.