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Legislation relating to guardianship and administration

Legislation relating to guardianship and administration.

Guardianship and Administration Act 2019 (Vic)

This Act re-enacts the law relating to guardianship and administration and repeals the 1998 Act of the same name. This Act places much more emphasis on the rights of people with decision-making impairment, by ensuring that their decision-making autonomy is respected by using orders for guardianship and administration as a last resort, and making the orders tailored to the need of the represented person. The Act enables orders to be made for supportive guardians and administers who will help the person to make their own decisions if this is possible. Substitute decision-makers must make decisions that follow the will and preferences of the represented person unless this is necessary to prevent serious harm to the represented person.

See Guardianship and Administration Act 2019(opens in a new window)

Guardianship and Administration Act 1986 (Vic)

This Act enables people with a disability to have a guardian or administrator appointed. It also sets out the procedure for appointing an enduring guardian to make future lifestyle decisions in the event that capacity is lost.

See Guardianship and Administration Act 1986 (Vic)(opens in a new window).

Victorian Civil and Administrative Tribunal Act 1998 (Vic)

This Act established the tribunal commonly referred to as VCAT. This Tribunal provides a cheaper and less formal way of making and review decisions about particular matters that it has been given power to hear. These include residential tenancies, planning, accident compensation, discrimination and small claims.

See Victorian Civil and Administrative Tribunal Act 1998 (Vic)(opens in a new window).

Victorian Civil and Administrative Tribunal Rules 2018 (Vic)

These rules set out the procedures and practices to be followed in the Victorian Civil and Adminstrative Tribunal or VCAT.

See Victorian Civil and Administrative Tribunal Rules 2018 (Vic(opens in a new window)).

Guardianship and Administration (Fees) Regulations 2019 (Vic)

These regulations set the annual fees that are payable in relation to estates that are subject to an adminstration order. It also states when a fee waiver is possible.

See Guardianship and Administration (Fees) Regulations 2019 (Vic)(opens in a new window).

Medical Treatment Planning and Decisions Act 2016 (Vic)

This Act provides a scheme to allow people to plan ahead for medical treatments if they lose capacity to make these decisions at a later stage. It also enables a person to choose a medical treatment decision-maker who they trust to make medical treatment decisions on their behalf. The acts makes provision for medical treatment decisions to be made for people who need treatment but who do not have the capacity to decide on their treatment, and who have not planned in advance.

See Medical Treatment Planning and Decisions Act 2016 (Vic)(opens in a new window).

Mental Health Act 2014 (Vic)

This Act provides a scheme for people to be assessed if they appear to have a mental illness. It also sets out when and how a person can be treated for their mental illness and creates the Mental Health Tribunal and the Mental Health Complaints Commissioner.

See Mental Health Act 2014 (Vic)(opens in a new window).

Disability Act 2006 (Vic)

This Act provides additional recognition and support for people with a disability in Victoria. It reinforces the fact that people with a disability need support to exercise the same rights and obligations as others in Victoria and aims to protect their human rights.

See Disability Act 2006 (Vic)(opens in a new window).

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