Victorian Numbered Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2019 (NO. 13 OF 2019) - SECT 9

    (1)     A person making a decision for a represented person must have regard to the following principles—

        (a)     the person should give all practicable and appropriate effect to the represented person's will and preferences, if known;

        (b)     if the person is not able to determine the represented person's will and preferences, the person should give effect as far as practicable in the circumstances to what the person believes the represented person's will and preferences are likely to be, based on all the information available, including information obtained by consulting the represented person's relatives, close friends and carers;

        (c)     if the person is not able to determine the represented person's likely will and preferences, the person should act in a manner which promotes the represented person's personal and social wellbeing;

        (d)     if the represented person has a companion animal, the person should act in a manner that recognises the importance of the companion animal to the represented person and any benefits the represented person obtains from the companion animal;

        (e)     the represented person's will and preferences should only be overridden if it is necessary to do so to prevent serious harm to the represented person.

    (2)     In this section, "represented person"—

        (a)     has the meaning given in section 3(1); and

        (b)     includes a missing person for whom an administration (missing person) order has effect.

Part 2—The Public Advocate