Victorian Current Acts Victorian Current Acts(1) In this section—
"place outside Victoria" means—
(a) another State or a Territory; or
(b) New Zealand or the United Kingdom; or
(c) any other country with which State Trustees has a reciprocity agreement;
"proper officer" means an officer in a place outside Victoria who under the law of that place has the management of the property and estate of persons who however described under that law are incapable of managing their estates by reason of intellectual impairment, mental illness, brain damage, physical disability or senility.
(2) If State Trustees believes that a represented person has an interest in property in a place outside Victoria, State Trustees may by instrument in writing directed to the proper officer—
(a) certify that State Trustees has the general care, protection and management of the property and estate of the person named in the instrument; and
(b) authorise the proper officer to collect, manage, sell or otherwise dispose of or administer any property in the place in which the represented person has an interest.
(3) State Trustees may give a discharge to the proper officer on the payment or delivery to State Trustees of the balance of money or other property of the represented person which remains after the deduction of—
(a) all costs, charges and expenses incurred by the proper officer in the exercise of the authority; and
(b) any amount which is payable in the place outside Victoria in satisfaction of the debts or other liabilities of the represented person.
(4) State Trustees may revoke or vary any authority by instrument in writing.
S. 12(5) amended by Nos 52/1998 s. 311(Sch. 1 item 85.2), 13/2019 s. 221(Sch. 1 item 50.2(a)).
(5) If a proper officer by instrument in writing directed to State Trustees—
(a) certifies that he or she has the general care, protection and management of the property and estate of the person named in the instrument; and
(b) authorises State Trustees to collect, manage, sell or otherwise dispose of or administer any property in Victoria in which the person named in the instrument has an interest—
the Guardianship and Administration Act 2019 applies with respect to the property and the powers and duties of State Trustees in relation to the property as if—
(c) the person were resident in Victoria and a represented person; and
S. 12(5)(d) amended by No. 13/2019 s. 221(Sch. 1 item 50.2(b)).
(d) the administration order gave State Trustees all the powers and duties referred to in Divisions 6, 7 and 8 of Part 3 of that Act.
(6) State Trustees may pay or deliver to the proper officer the balance of money or other property of the person named in the instrument which remains after the deduction of—
(a) all costs, charges and expenses incurred by State Trustees in the exercise of the authority; and
(b) any amount which is payable to any person resident in Victoria in satisfaction of any debts or other liabilities, of which State Trustees has notice, of the person named in the instrument.
(7) State Trustees must account to the proper officer for any payment made by State Trustees out of the property of a person named in the instrument, but is not bound to see to the application of the payment.
(8) If a decision is made, action taken, consent given or thing done by State Trustees under an authority conferred on State Trustees, the decision, action, consent or thing has effect as if it had been made, taken, given or done by the person named in the instrument and that person had the legal capacity to do so.
(9) State Trustees may exercise the powers under an authority until State Trustees receives notice from the proper officer of—
(a) the revocation of that authority; or
(b) the death of the person in respect of whom the authority was given.
Part 3—General