Guardianship and Administration Act 2019

An administrator may apply to VCAT for advice on any matter relating to the scope of the administration (missing person) order or the exercise of any power under the order.

Without limiting subsection (1), the jurisdiction of VCAT includes jurisdiction in the case of an administration by State Trustees to approve, order or advise the commencement of a proceeding by State Trustees acting in one capacity or on behalf of one represented person or missing person against State Trustees acting in another capacity or on behalf of another represented person or missing person.

After considering an application for advice or on its own initiative, VCAT may—

approve or disapprove of any act proposed to be done by the administrator; and

give advice as it considers appropriate; and

make any order it considers necessary.

An action does not lie against an administrator on account of an act or thing done or omitted to be done by the administrator under any order or on the advice of VCAT made or given under this section unless, in representing the facts to VCAT, the administrator is guilty of fraud, wilful concealment or misrepresentation.