Guardianship and Administration Act 2019

The Public Advocate—

if appointed by VCAT, may be a guardian; and

may make an application to VCAT for—

the appointment of a guardian, a supportive guardian, an administrator or a supportive administrator; or

the rehearing or reassessment of a guardianship order, a supportive guardianship order, an administration order or a supportive administration order; and

may advocate for the human rights and interests of a person with a disability (irrespective of the person's age) by—

seeking assistance from a government department, institution, welfare organisation or service provider for the purpose of promoting the personal and social wellbeing of the person; and

making representations on behalf of, or acting for, the person; and

involving members of the community in the provision of programs and services for persons with a disability; and

reporting and making recommendations to VCAT on behalf of the person in any proceeding under the Equal Opportunity Act 2010; and

with the leave of a court or VCAT—

joining as a party to proceedings in the court or VCAT that involve the rights and interests of the person; and

assisting the court or VCAT as amicus curiae in proceedings in the court or VCAT that involve the rights and interests of the person; and

may give advice to any person about the provisions of this Act, including an application for a guardianship order, a supportive guardianship order, an administration order, a supportive administration order or an administration (missing person) order; and

may provide information for persons who are, or are proposed to be, guardians, supportive guardians, administrators, supportive administrators or supportive attorneys (within the meaning of the Powers of Attorney Act 2014); and

may provide information for persons who are, or are proposed to be, support persons or medical treatment decision makers (both within the meaning of the Medical Treatment Planning and Decisions Act 2016); and

may investigate any complaint or allegation that a person is under inappropriate guardianship, is being exploited or abused or is in need of guardianship; and

may engage a registered company auditor to carry out an inspection or an audit if required for the purposes of—

an investigation under paragraph (g); or

the provision of a report under clause 35 or 51AH of Schedule 1 to the VCAT Act; and

subject to subsection (2), may require a person, government department, public authority, service provider, institution or welfare organisation to provide information for the purposes of—

an investigation under paragraph (g); or

the provision of a report under clause 35, 48 or 51AH of Schedule 1 to the VCAT Act; and

may submit a report to VCAT on any matter referred by VCAT to the Public Advocate for a report; and

may perform any other function and exercise any other power conferred on the Public Advocate by this or any other Act.

It is a reasonable excuse for a person to refuse or fail to provide information that the person would otherwise be required to provide under subsection (1)(i) if providing the information would tend to incriminate the person.

If the Public Advocate is appointed as the guardian for a represented person—

the person for the time being holding the office or performing the functions of the Public Advocate is the guardian for that represented person; and

the Public Advocate must use the Public Advocate's best endeavours to find an appropriate person to be appointed as the guardian.