Victorian Consolidated Regulations Victorian Consolidated Regulations(1) This Rule applies to a proceeding under the Disability Act 2006 or Part 12A of the Residential Tenancies Act 1997 .
(2) A person is eligible to be appointed by the Tribunal as litigation guardian of a person with a disability who is a party to the proceeding if that person—
(a) does not have a disability that would prevent that person from properly exercising the function of litigation guardian; and
(b) has no interest in the proceeding adverse to that of the person with a disability.
(3) An application by a person to be appointed as a litigation guardian of a person with a disability must—
(a) be in writing and signed by the applicant;
(b) state that the applicant has no interest in the proceeding adverse to the person to whom the application relates; and
(c) be accompanied by a medical report completed by a registered medical practitioner in the form published on the Tribunal's website or available in hard copy from the registry.
(4) The Tribunal may refer an application made under subrule (3) to the guardianship list of the human rights division, in which case the application is an application for the appointment of a guardian or an administrator under the Guardianship and Administration Act 2019 with powers limited to bringing and defending the relevant proceeding under the Disability Act 2006 or Part 12A of the Residential Tenancies Act 1997 .
(5) Where the interests of a party who is a person with a disability so require, the Tribunal may, on an application made under subrule (3) or on its own initiative, appoint or remove a litigation guardian or substitute another person as litigation guardian.
(6) In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a person with a disability, the Tribunal must also be satisfied that the litigation guardian was negligent or engaged in misconduct in the conduct of the proceeding.