Victorian Guardianship Reforms now law

New legislation will commence from 1 March 2020, to better protect the rights of adults with a disability to make and participate in decisions that affect their lives.

 

The Guardianship and Administration Act 2019 presumes that a person has decision-making capacity unless evidence is provided to the contrary. It also recognises that a person has decision-making capacity if they can make decisions with support.

 

Representing the biggest change to the state’s guardianship and administration laws in more than 30 years, the legislation reflects a more modern understanding of decision-making capacity and disability.

 

A supportive guardian or administrator will now be able to be appointed to help a person to make their own lifestyle, financial and legal decisions.

 

New offences will apply for guardians or administrators who dishonestly use their appointment for financial gain or cause loss to the represented person, with anyone found guilty facing up to five years in prison.

 

Individuals can also seek compensation for a loss caused by a guardian or administrator who breaches their duties.

 

The Victorian Civil and Administrative Tribunal (VCAT) will be empowered to set limits on guardianship and administration appointments, to ensure orders are tailored to fit individual circumstances.

 

VCAT will also hear all initial applications in the presence of the person with a disability, unless satisfied that the person doesn’t want to attend, or there is another justifiable reason for their absence.

 

The Victorian Government is supporting a more modern guardianship and administration system by making available more than $2.5 million through Court Services Victoria to upgrade the Guardianship Hub—an online portal for filing and monitoring VCAT applications about guardianships—increasing efficiency and ensuring ease-of-use for applicants.

 

1 March 2020.