Victorian Numbered Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2019 (NO. 13 OF 2019) - SECT 178

    (1)     A guardian or administrator may apply to VCAT for an enforcement order in relation to a decision or act that the guardian or administrator claims—

        (a)     is an exercise of the guardian's or administrator's powers under this Act; and

        (b)     is not recognised as an exercise of the guardian's or administrator's powers under this Act, or given effect to, by another specified person.

    (2)     The specified person referred to in subsection (1)(b) is entitled to notice of the application.

Note

See section 72 of the VCAT Act.

    (3)     VCAT may make an order that the specified person referred to in subsection (1)(b) recognise or give effect to the decision or act that the guardian or administrator claims is an exercise of the guardian's or administrator's powers under this Act if VCAT is satisfied that—

        (a)     the relevant decision or act is an exercise of the guardian's or administrator's powers under this Act; and

        (b)     the specified person has failed or refused to recognise or give effect to the decision or act as an exercise of the guardian's or administrator's powers under this Act; and

        (c)     the order will promote the personal and social wellbeing of the represented person or missing person for whom the guardian or administrator is appointed.

Note

Section 133 of the VCAT Act provides that it is an offence not to comply with an order of VCAT.