Victorian Numbered Acts Victorian Numbered Acts(1) After considering an application for an administration (missing person) order, VCAT may—
(a) subject to subsection (2), make an administration (missing person) order; or
Note
See sections 106 and 109 in relation to administration (missing person) orders that are urgent orders.
(b) make no order under this Act.
(2) VCAT may only make an administration (missing person) order if VCAT—
(a) has determined under subsection (3) that the person is a missing person who usually resides in Victoria; and
(b) is satisfied that—
(i) while the person is missing there is, or is likely to be, a need for a decision to be made in relation to the person's financial matters including the ongoing care of any companion animal of the person; and
(ii) the order would promote the missing person's personal and social wellbeing while that person is missing.
(3) VCAT may determine that a person is a missing person for the purposes of this Act if VCAT is satisfied that—
(a) it is not known whether the person is alive; and
(b) reasonable efforts have been made to find the person; and
(c) for at least 90 days, the person has not contacted—
(i) anyone who lives at the person's last-known home address; or
(ii) any relative or friend of the person with whom the person is likely to communicate.
(4) VCAT must not make an order under subsection (1)(a) in relation to the property of a missing person if the property is subject to—
(a) an order under section 24A of
the Administration and Probate
Act 1958 ; or
(b) an application for an order
under
section 24A of the Administration and Probate Act 1958 .
Note
Section 24A of the Administration and Probate Act 1958 enables a trustee company to apply to the Supreme Court for an order authorising the trustee company to do any act, matter or thing in relation to the property or affairs of the owner of property in Victoria in circumstances where among other things the owner cannot be found or it is not known whether the owner is alive or dead.