Victorian Numbered Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2019 (NO. 13 OF 2019) - SECT 107

    (1)     VCAT may appoint as an administrator for a missing person a person (being an individual or a body corporate) which, in the case of an individual, is of or over the age of 18 years who consents to act as administrator if VCAT is satisfied that the person—

        (a)     will act in accordance with the duties set out in Division 4; and

        (b)     is not in a position where the person's interests conflict, or may conflict, with the interests of the missing person; and

        (c)     is a suitable person to act as the administrator for the missing person; and

        (d)     has sufficient expertise to make decisions about any financial matter to be specified in the administration (missing person) order.

    (2)     In determining whether a person is suitable to act as the administrator for a missing person, VCAT must take into account the following—

        (a)     the will and preferences of the missing person (so far as they can be ascertained);

        (b)     the desirability of preserving existing relationships that are important to the missing person;

        (c)     the desirability of appointing a person who is a relative of the missing person, or who has a personal relationship with the missing person, rather than appointing a person with no such relationship;

        (d)     whether the person proposed as administrator is or was a member of VCAT as constituted for a proceeding under this Act.

    (3)     VCAT may appoint as an administrator a person who was at any time a member of VCAT as constituted for a proceeding under this Act if VCAT considers that in the circumstances it is appropriate for the person to act as an administrator.

    (4)     VCAT must not assume without any evidence that a missing person's relative who is proposed as administrator—

        (a)     has interests that conflict, or may conflict, with those of the missing person merely because the proposed administrator is a relative of the missing person; or

        (b)     is not suitable to be appointed as the administrator merely because that relative disagrees with another relative of the missing person about a matter pertaining to the missing person.