GUARDIANSHIP AND ADMINISTRATION ACT 1986

Victorian Consolidated Legislation

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GUARDIANSHIP AND ADMINISTRATION ACT 1986

No. 58 of 1986
Version incorporating amendments as at 26 September 2007

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Objects of Act

PART 2-Repealed

5-13. Repealed

PART 3-THE PUBLIC ADVOCATE

14. The Public Advocate
15. Functions of the Public Advocate
16. Powers and duties of the Public Advocate
17. Staff of office of the Public Advocate
18. Delegation
18A. Powers of inspection

PART 4-GUARDIANSHIP ORDERS

Division 1-Application for guardianship order

19. Application for guardianship order
20. Who is entitled to notice of an application?
21. Date for hearing

Division 2-Appointment of guardian

22. Guardianship order
23. Persons eligible as guardians

Division 3-Powers and duties of guardian

24. Authority of plenary guardian
25. Authority of limited guardian
26. Power to enforce guardianship order
27. Special powers in respect of persons with a disability
28. Exercise of authority by guardian
29. Ancillary powers of guardian
30. Guardian may seek advice
31. Notice of death of represented person

Division 4-Temporary orders

32. Application for temporary order
33. Temporary order

Division 5-Appointment of alternative guardian

34. Appointment of alternative guardian
35. Authority of alternative guardian

Division 5A-Appointment of enduring guardian

35A. Appointment of enduring guardian
35B. Authority of enduring guardian
35C. Revocation of appointment by appointor
35D. Revocation of appointment by Tribunal
35E. Advice or direction of Tribunal

Division 6-Repealed

PART 4A-MEDICAL AND OTHER TREATMENT

Division 1-Preliminary

36. Persons to whom Part applies
37. Person responsible
38. Best interests

Division 2-Consent

39. Persons who may consent to medical or other treatment
40. Effect of consent
41. Refusal of medical treatment under the Medical Treatment Act 1988.
42. Unlawful consent to medical or other treatment an offence

Division 3-Emergency treatment

42A. Emergency medical or dental treatment

Division 4-Special procedures

42B. Application for consent of Tribunal to special procedure
42C. Guidelines for special procedures
42D. Date for hearing
42E. Consent of Tribunal to special procedure
42F. Tribunal may confer authority to consent to continuing or
further special procedure
42G. Special procedure without consent of Tribunal an offence

Division 5-Other medical or dental treatment

42H. Consent of person responsible
42HA. Consent if patient is likely to recover within a reasonable
time
42I. Person responsible may seek advice
42J. Guidelines for medical or dental treatment
42K. Medical or dental treatment without consent of person responsible
42L. Medical or dental treatment if person responsible does not consent
42M. Statement by registered practitioner
42N. Application to Tribunal relating to medical or dental treatment
42O. Protection of registered practitioner

Division 6-Medical research procedures

42P. Introduction and outline of Division
42Q. Step 1-Approval of relevant research project
42R. Step 2-Is patient likely to recover within a reasonable time?
42S. Step 3-Consent of person responsible
42T. Step 4-Procedural authorisation
42U. Best interests
42V. Applications to Tribunal
42W. Person responsible may seek advice
42X. Guidelines for medical research procedures
42Y. Offences
42Z. Protection of registered practitioner

PART 5-ADMINISTRATION ORDERS

Division 1-Application for administration order

43. Application for administration order
44. Who is entitled to notice of an application?
45. Date for hearing

Division 2-Appointment of administrator

46. Appointment of administrator
47. Persons eligible as administrators
47A. Remuneration of professional administrator
47B. Payment of costs and expenses to administrator or former administrator from estate

Division 3-Powers and duties of administrator

48. Power of administrator
49. Exercise of power by administrator
50. Ancillary powers of administrator
50A. Power to make gifts
51. Powers of investment
52. Restriction on powers of represented person to enter into contracts etc.
53. Interest of represented person in property not to be altered by
sale or other disposition of property
54. Tribunal may open will
55. Administrator may seek advice
56. Application to the Tribunal by a creditor etc.
57. Power to administrator to act until notice of discharge etc. received
58. Accounts
58AA. Guardianship and Administration Fund
58AB. Notice of death of represented person
58A. Power to make regulations setting fees

Division 3A-Additional powers and duties of administrators

58B. Powers and duties in relation to represented persons
58C. Exercise of certain powers
58D. Action upon a person ceasing to be a represented person
58E. Represented person entitled to inspection of accounts
58F. Sale of personal effects if unclaimed within 2 years from date
of discharge
58G. Power to open will

Division 4-Temporary orders

59. Application for temporary order
60. Temporary order

PART 6-REHEARINGS AND REASSESSMENT OF ORDERS

Division 1-Rehearings

60A. Application for rehearing
60B. Parties and notice
60C. Rehearing
60D. Effect of first instance order pending rehearing

Division 2-Reassessment of orders

61. Reassessment
62. Who is entitled to notice of a reassessment?
63. Order after reassessment

PART 6A-INTERSTATE ORDERS

63A. Application of Part 63B. Definitions
63C. Corresponding laws and orders
63D. Ministerial agreements
63E. Registration of interstate orders
63F. Reassessment of interstate orders
63G. Reciprocal arrangements under the State Trustees (State
Owned Company) Act 1994.

PART 7-GENERAL PROVISIONS

64, 65. Repealed
66. Matters before a Court
67. Effect of setting aside administration order on previous
actions of administrator
68, 69. Repealed
70. Immunity from suit
71, 72. Repealed
73. Judicial notice
74-78. Repealed
79. Audit
80. General penalty
81. Offences by bodies corporate
81A. Supreme Court-Limitation of jurisdiction
82. Regulations

PART 8-AMENDMENTS TO THE PUBLIC TRUSTEE
ACT 1958.

83. Principal Act
84. Repealed
85. Existing protected persons

PART 9-TRANSITIONAL PROVISION

86. Enduring powers of attorney under the Instruments Act 1958.
86A. Enduring guardians
87. Rehearings and reassessments under Part 6.
88. Medical research procedures
__________________
1, 2-Repealed
SCHEDULE 3-Provisions with Respect to the Public Advocate
1. The Public Advocate
2. The Acting Public Advocate
3. Oath or affirmation
SCHEDULE 4-Instruments Relating to Enduring Guardian
Form 1-Appointment of Enduring Guardian
Form 2-Revocation of Appointment of Enduring Guardian
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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