Victorian Numbered Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 2019 (NO. 13 OF 2019) - SECT 204

Reassessments of orders made under the old Act

    (1)     A reassessment of an order made under the old Act (irrespective of whether the application for the reassessment is made before or after commencement day or on VCAT's initiative before or after commencement day) that is not determined before commencement day must be conducted in accordance with the new Act.

    (2)     Despite anything to the contrary in subsection (1)—

        (a)     in the course of conducting the reassessment, VCAT is not to consider whether, as the case requires—

              (i)     the guardian appointed at first instance has performed duties in compliance with section 41 of the new Act; or

              (ii)     the administrator appointed at first instance in an administration order has performed duties in compliance with section 55 of the new Act; and

        (b)     on completing the reassessment, VCAT—

              (i)     must revoke the order; and

              (ii)     may make an order under the new Act.



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