Guardianship and Administration Act 2019

If in any civil proceeding before a Court the Court considers that a party may be in need of a guardian, a supportive guardian, an administrator or a supportive administrator, the Court may refer the issue to VCAT for determination.

If a Court refers an issue to VCAT under subsection (1)—

the referral is to be treated as if it were an application to VCAT for the making of the relevant order under this Act; and

the prothonotary (in the case of a referral by the Supreme Court) or the principal registrar of the Court (in any other case) is to be taken to be the applicant.

If in any civil proceeding before a Court it is adjudged or ordered that money be paid to a person with a disability (whether or not that person is a party to a cause or matter), the money—

is to be paid into court; and

unless the Court otherwise orders, is to be paid out to the administrator (if any) for that person or State Trustees.

If any money—

is paid into court before or after the commencement of this section; and

the money is being held in court on behalf of a person with a disability—

If the Court adjudges or orders that property (whether real or personal) be delivered up or transferred to a person with a disability (whether or not that person is a party to a cause or matter), the Court—

may order that the property be delivered up or transferred to the administrator (if any) for that person or State Trustees; and

may give any directions for the service of the order on that administrator or State Trustees as it thinks fit.

If an order under subsection (5) is served on an administrator or State Trustees, the administrator or State Trustees must accept delivery or transfer of the property to which the order relates and the acceptance of the property is a sufficient discharge to the person delivering or transferring the property.

A copy of any order made under this section must be given by the administrator or State Trustees (as the case requires) to VCAT and the Public Advocate.

An order of the Court under this section that money be paid out to an administrator (if any) for a person or State Trustees has effect as if it were an administration order.

In this section, Court means—

the Supreme Court; or

the County Court; or

the Magistrates' Court.

An order of a court or VCAT (the setting aside order) that sets aside, or has the effect of setting aside, an administration order or administration (missing person) order does not affect the validity of anything done in accordance with the administration order or administration (missing person) order before the setting aside order takes effect.

Subsection (1) is subject to any order to the contrary by the court or VCAT making the setting aside order.