Victorian Numbered Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 2019 (NO. 13 OF 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  
   195.    Transitional 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  

   PART 11--AMENDMENT OF VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 AND OTHER ACTS

           Division 1--Victorian Civil and Administrative Tribunal Act 1998

   207.    Definitions  
   208.    What is review jurisdiction?  
   209.    Proceeding files  
   210.    Heading to Part 9 of Schedule 1 substituted  
   211.    Constitution of Tribunal for proceedings  
   212.    Notification of commencement  
   213.    Public Advocate may intervene or be joined  
   214.    Withdrawal of application does not preclude future application  
   215.    Referral to administrators for report  
   216.    Proceeding not invalidated by failure to give notice  
   217.    Confidentiality of proceedings  
   218.    New clause 37A inserted  
   219.    Settlement offers  
   220.    Subject matter for rules  

           Division 2--Amendments to other Acts

   221.    Consequential amendments  
   222.    Repeal of Part 11 and Schedule 1  
           SCHEDULE 1
           ENDNOTES


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