GUARDIANSHIP AND ADMINISTRATION ACT 2019

Table of Provisions

PART 1--PRELIMINARY

• 1 Purposes  
• 2 Commencement  
• 3 Definitions  
• 4 Meaning of promote the personal and social wellbeing of a person  
• 5 Meaning of decision-making capacity  
• 6 Assessing decision-making capacity  
• 7 Primary object  
• 8 General principles  
• 9 Decision-making principles  

PART 2--THE PUBLIC ADVOCATE

• 10 Public Advocate  
• 11 Terms and conditions of appointment  
• 12 Resignation and vacancy  
• 13 Acting Public Advocate  
• 14 Oath or affirmation  
• 15 Functions of the Public Advocate  
• 16 Powers and duties of the Public Advocate  
• 17 Powers of inspection  
• 18 Public Advocate employees  
• 19 Delegation  
• 20 Confidentiality  
• 21 Annual report  

PART 3--GUARDIANSHIP ORDERS AND ADMINISTRATION ORDERS

Division 1--Applications for guardianship orders and administration orders

• 22 Application for guardianship orders  
• 23 Application for administration orders  
• 24 Matters to be included in application to VCAT  
• 25 Who are the parties to a proceeding on an application?  
• 26 Who is entitled to notice of an application, the hearing and any order made in the proceeding?  
• 27 Contents of notice of application  
• 28 Date for hearing of application for guardianship order or administration order  
• 29 Participation of proposed represented person at hearing  

Division 2--Making guardianship orders and administration orders and eligibility of persons appointed

• 30 VCAT may make a guardianship order or administration order  
• 31 Factors to consider in determining need for guardian or administrator  
• 32 Persons eligible as guardians or administrators  
• 33 Other matters pertaining to appointments  
• 34 Matters to be specified in guardianship orders and administration orders  
• 35 Statement of wishes for future appointment may be lodged  
• 36 Urgent guardianship orders and urgent administration orders  
• 37 Hearing after making of urgent guardianship order or urgent administration order  

Division 3--Powers of guardians

• 38 Powers of guardians  
• 39 Matters for which power cannot be given under a guardianship order  
• 40 Power for guardian to undertake legal proceedings  

Division 4--Duties of guardians

• 41 Exercise of power by guardian  
• 42 Guardian to report death of represented person  

Division 5--Other matters pertaining to applications for guardianship orders and to guardianship orders

• 43 Special order in relation to proposed represented person unlawfully detained or at risk of harm  
• 44 Guardian may seek advice from VCAT  
• 45 Order for represented person to comply with guardian's decisions  

Division 6--Powers of administrators

• 46 Powers of administrators  
• 47 Power to make gifts  
• 48 Powers of investment  
• 49 Power to open will deposited with administrator  
• 50 Power to exercise certain powers vested in represented person  
• 51 Power for administrator to undertake legal proceedings  
• 52 Other powers that may be specified in administration order  
• 53 Matters for which power cannot be given under an administration order  
• 54 Powers of administrator cease on death of represented person  

Division 7--Duties of administrators

• 55 Exercise of power by administrator  
• 56 Property of represented person  
• 57 Conflict transactions  
• 58 Permitted conflict transactions  
• 59 Keeping records  
• 60 Separation of administrator's property and the represented person's property  
• 61 Accounts  
• 62 Payments to person examining or auditing accounts  
• 63 Administrator to report death of represented person  

Division 8--Other matters pertaining to administration orders

• 64 Administrator may seek advice from VCAT  
• 65 Administrator may seek advice from professional adviser  
• 66 VCAT may open will  
• 67 VCAT may compel production of will  
• 68 VCAT may make copy of will available to administrator  
• 69 VCAT to notify administrator if person ceases to be a represented person  
• 70 Actions of administrator taken to be actions of former represented person  
• 71 Administrator to pay to former represented person any money outstanding  
• 72 Former represented person entitled to inspection of accounts  
• 73 VCAT order that delivery of, or access to, documents be withheld  
• 74 Sale of personal effects if unclaimed within 2 years after person ceases to be represented person  
• 75 Restriction on powers of represented person in relation to financial matters  
• 76 Interest of represented person in property not to be altered by sale or other disposition of property  
• 77 Guardianship and Administration Fund  
• 78 Application to VCAT by represented person or a person interested  

PART 4--SUPPORTIVE GUARDIANSHIP ORDERS AND SUPPORTIVE ADMINISTRATION ORDERS

Division 1--Application for supportive guardianship orders and supportive administration orders

• 79 Application for supportive guardianship order  
• 80 Application for supportive administration order  
• 81 Matters to be included in application to VCAT  
• 82 Who are the parties to a proceeding on an application?  
• 83 Who is entitled to notice of an application, the hearing and any order made in the proceeding?  
• 84 Contents of notice of application  
• 85 Date for hearing of application for supportive guardianship order or supportive administration order  
• 86 Participation of proposed supported person at hearing  

Division 2--Making supportive guardianship orders and supportive administration orders and eligibility of persons appointed

• 87 VCAT may make a supportive guardianship order or supportive administration order  
• 88 Persons eligible as supportive guardians or supportive administrators  
• 89 Matters to be specified in supportive guardianship orders and supportive administration orders  

Division 3--Powers and duties of supportive guardians and supportive administrators

• 90 Powers of supportive guardians or supportive administrators  
• 91 Information power  
• 92 Communication power  
• 93 Power to give effect to decisions  
• 94 Duties and obligations of supportive guardians and supportive administrators  

Division 4--General

• 95 No entitlement to remuneration  
• 96 When does a supportive guardianship order or supportive administration order cease to have effect?  
• 97 Advice from VCAT  
• 98 Supportive guardian or supportive administrator to report death of supported person  

PART 5--ADMINISTRATION (MISSING PERSON) ORDERS

Division 1--Application for administration (missing person) orders

• 99 Application for administration (missing person) orders  
• 100 Matters to be included in application to VCAT  
• 101 Who are the parties to a proceeding on an application?  
• 102 Who is entitled to notice of an application, the hearing and any order made in the proceeding?  
• 103 Contents of notice of application  
• 104 Date for hearing of application for administration (missing person) order  

Division 2--Making administration (missing person) orders and eligibility of persons appointed

• 105 VCAT may make administration (missing person) order  
• 106 Duration of order  
• 107 Persons eligible as administrators for missing persons  
• 108 Matters to be specified in administration (missing person) orders  
• 109 Urgent administration (missing person) orders  

Division 3--Powers of administrators for missing persons

• 110 Powers of administrators for missing persons  
• 111 Powers of investment  
• 112 Power to open will  
• 113 Power to undertake legal proceedings  
• 114 Other powers that may be specified in administration (missing person) order  
• 115 Matters for which power cannot be given under an administration (missing person) order  

Division 4--Duties of administrators under administration (missing person) orders

• 116 Exercise of power by administrator  
• 117 Property of missing person  
• 118 Conflict transactions  
• 119 Permitted conflict transactions  
• 120 Keeping records  
• 121 Separation of administrator's property and missing person's property  
• 122 Accounts  
• 123 Payments to person examining or auditing accounts  
• 124 Administrator to notify VCAT about status of missing person  

Division 5--Other matters pertaining to administration (missing person) orders

• 125 Administrator may seek advice from VCAT  
• 126 Administrator may seek advice from professional adviser  
• 127 VCAT may open will  
• 128 VCAT may compel production of will  
• 129 VCAT may make copy of will available to administrator  
• 130 VCAT to notify administrator if person ceases to be a missing person  
• 131 Actions of administrator taken to be actions of former missing person  
• 132 Administrator to pay to former missing person any money outstanding  
• 133 Former missing person entitled to inspection of accounts  
• 134 VCAT order that delivery of, or access to, documents be withheld  
• 135 Sale of personal effects if unclaimed within 2 years after person ceases to be missing person  
• 136 Interest of missing person in property not to be altered by sale or other disposition of property  
• 137 Application to VCAT by a person interested  
• 138 Order to revoke administration (missing person) order  
• 139 Part does not exclude Administration and Probate Act 1958  

PART 6--SPECIAL MEDICAL PROCEDURES

• 140 Definitions  
• 141 VCAT may consent to special medical procedure  
• 142 Effect of consent  
• 143 Application for VCAT's consent to special medical procedure  
• 144 Date for hearing  
• 145 Consent of VCAT to special medical procedure  
• 146 VCAT may confer authority to consent to continuing or further special medical procedure  
• 147 Special medical procedure without consent of VCAT an offence  
• 148 Refusal of consent to special medical procedure under an instructional directive  
• 149 Unlawful consent to special medical procedure an offence  

PART 7--REHEARINGS AND REASSESSMENT OF ORDERS

Division 1--Rehearings

• 150 Application for rehearing of application for order  
• 151 Application for rehearing of reassessment of order  
• 152 When may application for rehearing of application or for leave to apply for rehearing of application or rehearing of reassessment be made?  
• 153 Matters for which application for rehearing cannot be made  
• 154 Who are the parties to a rehearing?  
• 155 Who is entitled to notice of an application for a rehearing?  
• 156 Participation of proposed represented person or represented person at hearing  
• 157 Rehearing  
• 158 Effect of first instance order pending rehearing  

Division 2--Reassessment of orders

• 159 Reassessment  
• 160 Matters to be included in application to VCAT  
• 161 Who are the parties to a reassessment?  
• 162 Who is entitled to notice of a reassessment, the hearing and any order made in the proceeding?  
• 163 Contents of notice of application for a reassessment  
• 164 Conduct of reassessment on VCAT's initiative  
• 165 Participation of represented person or supported person at hearing  
• 166 VCAT to consider role of appointed person  
• 167 Order after reassessment  

PART 8--INTERSTATE ORDERS

• 168 Application of Part  
• 169 Definitions  
• 170 Corresponding laws and orders  
• 171 Ministerial agreements  
• 172 Registration of interstate orders  
• 173 Reassessment of interstate orders  
• 174 Reciprocal arrangements under the State Trustees (State Owned Company) Act 1994  

PART 9--GENERAL PROVISIONS

• 175 Remuneration of administrators  
• 176 Costs incurred by administrator  
• 177 Resolution of disagreements between persons appointed as guardians or administrators  
• 178 Enforcement orders  
• 179 Matters before a Court  
• 180 Effect of setting aside administration order or administration (missing person) order on previous actions of administrator  
• 181 Compensation for acts of guardian or administrator  
• 182 Relief from personal liability  
• 183 Who can apply for an order for compensation?  
• 184 Time limit for application for order for compensation  
• 185 VCAT may refer matter to Supreme Court  
• 186 No compensation  
• 187 Judicial notice  
• 188 Offence for guardian to use guardianship order dishonestly  
• 189 Offence for administrator to use administration order dishonestly  
• 190 Offence for administrator to use administration (missing person) order dishonestly  
• 191 Offence for supportive guardian to use supportive guardianship order dishonestly  
• 192 Offence for supportive administrator to use supportive administration order dishonestly  
• 193 Criminal liability of officers of bodies corporate—failure to exercise due diligence  
• 194 Regulations  

PART 10--REPEAL OF GUARDIANSHIP AND ADMINISTRATION ACT 1986 AND SAVINGS AND TRANSITIONAL PROVISIONS

• 196 Definitions  
• 197 Guardianship and Administration Act 1986 repealed  
• 198 Guardianship orders made under the old Act  
• 199 Administration orders made under the old Act  
• 200 Administration orders made under the old Act in respect of the estate of a missing person  
• 201 Applications made under the old Act for guardianship orders and administration orders  
• 202 Special medical procedures  
• 203 Rehearings of orders made under the old Act  
• 204 Reassessments of orders made under the old Act  
• 205 Interstate orders  
• 206 VCAT may make orders of a transitional nature  
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