VCAT is a public authority under the Charter when exercising jurisdiction under the Guardianship and Administration Act and must exercise its discretion to appoint administrators compatibly with human rights. An administration order that is incompatible with human rights and not reasonable and demonstrably justified under s 7(2) is unlawful and constitutes an error of law. The power to appoint an administrator over a person's estate cannot be used for the purpose of facilitating accommodation decisions that properly fall within the guardianship jurisdiction. The principle of legality and the Charter's interpretive obligation require the appointment provisions to be read narrowly to protect fundamental rights including the right to own and quietly enjoy property.
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