Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 27

Special powers in respect of persons with a disability

27. Special powers in respect of persons with a disability



(1) If the Tribunal has received information on oath that a person with a
disability in respect of whom an application has been made under section 19-

   (a)  is being unlawfully detained against her or his will; or

   (b)  is likely to suffer serious damage to her or his physical, emotional
        or mental health or well-being unless immediate action is taken-

the Tribunal may by order empower the Public Advocate or some other person
specified in the order to visit the person with a disability in the company of
a member of the police force for the purpose of preparing a report for the
Tribunal.

(2) If after receiving a report under subsection (1) the Tribunal is satisfied
that subsection (1)(a) or (1)(b) applies the Tribunal may make an order
enabling the person with a disability to be taken to a place specified in the
order for assessment and placement until the application under section 19 is
heard.

(3) A member of the police force acting under an order made under subsection
(1) may with such assistance as is necessary use such force as is reasonably
necessary to enter the premises where the person with a disability is.

(4) A person must not delay or obstruct a person who is acting under an order
under this section.

Penalty: 20 penalty units.