GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 164 Conduct of reassessment on VCAT's initiative

GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 164

    (1)     Before conducting a reassessment on its own initiative, VCAT must determine whether—

        (a)     to conduct a hearing in relation to the reassessment; or

        (b)     to reassess the relevant order on the papers.

    (2)     In making a determination under subsection (1), VCAT must take reasonable steps to contact the represented person or supported person (as the case requires) to ascertain whether the person wishes VCAT to conduct a hearing or to reassess the relevant order on the papers.

    (3)     If VCAT determines to conduct a hearing in relation to a reassessment on its own initiative, VCAT must give notice of the reassessment, at least 7 days before the proposed day of the hearing, to the parties and to the following persons—

        (a)     the spouse or domestic partner of the represented person, supported person or missing person, if any;

        (b)     the primary carer of the represented person or supported person, if any;

        (c)     the nearest relative available (other than the spouse or domestic partner) of the represented person, supported person or missing person, if any;

        (d)     any person VCAT determines to have an interest in the reassessment.

    (4)     If VCAT does not propose to amend, vary or replace the relevant order and intends to conduct the reassessment on the papers, VCAT may give notice to the parties and each person specified in subsection (3) that the party or person has 14 days after the date of the notice to request, in writing, a hearing of the reassessment.

    (5)     If any of the parties or persons to whom a notice is given under subsection (4) requests a hearing within 14 days after the date of the notice, VCAT must give at least 7 days' notice of the hearing to each of the parties and persons.

    (6)     If none of the parties or persons to whom a notice is given under subsection (4) requests a hearing within 14 days after the date of the notice, VCAT is not required to hold a hearing of the reassessment.

    (7)     VCAT may, in a notice under subsection (4) or (5), advise that a person to whom the notice is given (other than a party) is not required to attend the hearing if that person does not have any matters to raise with VCAT in relation to the reassessment.