Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 26

Power to enforce guardianship order

26. Power to enforce guardianship order



(1) If, having regard to the circumstances of the case, the Tribunal considers
it appropriate to do so the Tribunal may-

   (a)  when making a guardianship order under Division 2 or 4, specify in the
        order; or

   (b)  at any time while a guardianship order under Division 2 or 4 is in
        force, make an order specifying-

that the person named as plenary guardian or limited guardian or another
specified person is empowered to take specified measures or actions to ensure
that the represented person complies with the guardian's decisions in the
exercise of the powers and duties conferred by the guardianship order.

(1A) If the Tribunal makes an order under subsection (1) empowering a guardian
or a specified person to take such measures or actions as are specified in the
order, the Tribunal must hold a hearing to reassess that order as soon as
practicable after the making of that order but within 42 days of making that
order.

(2) Where a guardian or other person specified in the order under subsection
(1) takes any measure or action specified in the order in the belief that-

   (a)  the measure or action is in the best interests of the represented
        person; and

   (b)  it is reasonable to take that measure or action in the circumstances-

the guardian or other person is not liable to any action for false
imprisonment or assault or any other action, liability, claim or demand
arising out of the taking of that measure or action.

(3) Subsection (1) does not limit section 24 or 25.