Victorian Numbered Acts

POWERS OF ATTORNEY ACT 2014 (NO. 57 OF 2014) - SECT 165

After Part 15AC of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert —

" PART 15AD—POWERS OF ATTORNEY ACT 2014

        51AF     Constitution of Tribunal for proceedings

The Tribunal is to be constituted for the purposes of a rehearing under Division 4 of Part 8 of the Powers of Attorney Act 2014 by—

        (a)     a senior member or presidential member, if the order at first instance was made by the Tribunal constituted by an ordinary member;

        (b)     a presidential member, if the order at first instance was made by the Tribunal constituted by a senior member;

        (c)     a judicial member, if the order at first instance was made by the Tribunal constituted by a Deputy President;

        (d)     a Vice President, if the order at first instance was made by the Tribunal constituted by more than one member (except where one or more of the members was a Vice President);

        (e)     the President, if the order at first instance was made by the Tribunal constituted by a Vice President (whether with or without others).

        51AG     Public Advocate may intervene or be joined

The Public Advocate—

        (a)     may intervene at any time; and

        (b)     is entitled to be joined as a party—

in a proceeding under Part 8 of the Powers of Attorney Act 2014 .

        51AH     Referral to administrators for report

    (1)     The Tribunal may refer any matter relating to a proceeding under Part 8 of the Powers of Attorney Act 2014 to a government department, public authority, service provider, the Public Advocate or a guardian or administrator appointed under that Act for investigation and report.

    (2)     A person or body to whom a matter is referred under this clause must investigate and report to the Tribunal on that matter.

    (3)     The Tribunal must not determine a question referred to a person or body under this clause unless the Tribunal has received and considered the report of the person or body.

        51AI     Proceeding not invalidated by failure to give notice

A hearing or order of the Tribunal in a proceeding under Part 8 of the Powers of Attorney Act 2014 is not invalidated or affected only because of a failure to give notice—

        (a)     to a person in respect of whom an application has been made, if the Tribunal—

              (i)     has dispensed with the requirement for notice to be given to that person; and

              (ii)     has notified the Public Advocate that it has done so; or

        (b)     to any other person.

        51AJ     Confidentiality of proceedings

    (1)     Unless the Tribunal orders otherwise, a person must not publish or broadcast or cause to be published or broadcast any report of a proceeding under Part 8 of the Powers of Attorney Act 2014 that identifies, or could reasonably lead to the identification of, a party to the proceeding.

Penalty:     20 penalty units.

    (2)     The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so.

    (3)     An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding.".

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