Matters to be included in application to VCAT
100 Matters to be included in application to VCAT
A person applying to VCAT for an administration (missing person) order must include the following in the application—
the name of the missing person;
details of the reasons for making the application;
the name and contact details of any person proposed as administrator;
the name and contact details of the applicant and of any person who has a direct interest in the application (if known to the applicant).
Note
Persons having a direct interest includes, amongst others, the missing person's relatives, any primary carer, close friends, any attorney appointed under an enduring power of attorney and any supportive attorney appointed under the Powers of Attorney Act 2014.
Note
Section 67 of the VCAT Act sets out additional requirements in relation to making an application.
101 Who are the parties to a proceeding on an application?
The following persons are parties to a proceeding on an application for an administration (missing person) order—
the applicant;
the missing person;
the person proposed as administrator;
any other person VCAT orders to be joined as a party to the proceeding.
Note
Section 60 of the VCAT Act provides that VCAT may in certain circumstances order that a person be joined as a party to a proceeding.
102 Who is entitled to notice of an application, the hearing and any order made in the proceeding?
For the purposes of sections 72(1), 99(1) and 116(2) of the VCAT Act, the following persons are entitled to a notice referred to in each of those sections—
any party to a proceeding on an application under this Part;
the spouse or domestic partner of the missing person, if any;
the primary carer of the missing person, if any;
any person referred to in the application as having a direct interest in the application;
any other person VCAT directs be given notice.
Note
Section 72(1) of the VCAT Act provides that an applicant for a VCAT order must serve a copy of the application on each party, each other person entitled to notice of the application under the enabling enactment (which is this Act) and each other person that VCAT so directs. Section 99(1)(b) of the VCAT Act provides that the principal registrar of VCAT must give notice of the time and place for the hearing of a proceeding to a person entitled to notice of the proceeding or hearing under the enabling enactment. Section 116(2)(a) of the VCAT Act provides that VCAT must give a copy of any order it makes in a proceeding to each party and each other person entitled to notice of the proceeding or of the order under the enabling enactment.
This Act’s bill:Explanatory memorandumSecond reading speech
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