Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 52

Restriction on powers of represented person to enter into contracts etc.

52. Restriction on powers of represented person to enter into contracts etc.



(1) Where the Tribunal has made an administration order the represented person
whilst a represented person or until the Tribunal revokes that order is, to
the extent that the represented person's estate is under the control of the
administrator, deemed incapable of dealing with, transferring, alienating or
charging her or his money or property or any part thereof or becoming liable
under any contract without the order of the Tribunal or the written consent of
the administrator.

(2) Every dealing, transfer, alienation or charge by any represented person in
respect of any part of the estate which is under the control of the
administrator is void and of no effect, and the money or property the subject
of the dealing, transfer, alienation or charge is recoverable by the
administrator in any court of competent jurisdiction.

(3) This section does not render invalid any dealing, transfer, alienation or
charge by any represented person made for adequate consideration with or to or
in favour of any other person who proves that she or he acted in good faith
and did not know or could not reasonably have known that the person was a
represented person.

(4) For the purpose of this section the acceptance of payment of the whole or
any part of a debt is deemed to be a dealing with property.