Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 16

Powers and duties of the Public Advocate

16. Powers and duties of the Public Advocate



(1) The Public Advocate may-

   (a)  where appointed by the Tribunal be-

   (i)  a guardian (whether plenary or limited); or

   (ii) an alternative guardian (whether plenary or limited); and



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   (b)  make an application to the Tribunal for the appointment of a guardian
        or administrator or the rehearing or reassessment of a guardianship
        order or an administration order; and



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   (d)  submit a report to the Tribunal on any matter referred to the Public
        Advocate for a report by the Tribunal; and

   (e)  seek assistance in the best interests of any person with a disability
        from any government department, institution, welfare organization or
        service provider; and

   (f)  make representations on behalf of or act for a person with a
        disability; and

   (g)  give advice to any person as to the provisions of this Act and in
        respect of applications for guardianship or administration; and

   (h)  investigate any complaint or allegation that a person is under
        inappropriate guardianship or is being exploited or abused or in need
        of guardianship; and





   (ha) for the purposes of-

   (i)  an investigation under paragraph (h); or

   (ii) the provision of a report under clause 35, 42 or 48 of Schedule 1 to
        the Victorian Civil and Administrative Tribunal Act 1998- require
        (subject to subsection (1A)) a person, government department, public
        authority, service provider, institution or welfare organisation to
        provide information; and

        (i)    provide information for persons who are or propose to be
               guardians; and

   (j)  report and make recommendations to the Tribunal on behalf of any
        person with a disability in any proceeding under the
        Equal Opportunity Act 1995; and



   (ja) make recommendations to the Tribunal with respect to guidelines
        proposed to be issued by the Tribunal about consent to a special
        procedure or medical research procedure and any other medical or
        dental treatment under Part 4A.

   (k)  perform any other function and exercise any other power conferred on
        him or her by this or any other Act.

(1A) It is a reasonable excuse for a person to refuse or fail to provide
information that the person would otherwise be required under subsection
(1)(ha) to provide if providing the information would tend to incriminate the
person.





(2) Where the Public Advocate is appointed as the guardian of a represented
person-



   (a)  the person for the time being holding the office or performing the
        functions of the Public Advocate is the guardian of that represented
        person; and

   (b)  the Public Advocate must use his or her best endeavours to find an
        appropriate person to be appointed as the guardian.