Guardianship and Administration Act 2019

Despite the repeal of the old Act, an administration order made under section 60AB or 60AG of the old Act and in force immediately before commencement day remains in force for the period specified in the order unless sooner revoked or set aside by an order of a court or VCAT and—

subject to anything to the contrary in this Part, the provisions of the old Act continue to apply in relation to the administrator appointed under that administration order and to the missing person; and

without limiting the generality of paragraph (a), the powers and duties of the administrator appointed by the administration order are the powers and duties conferred on the administrator under the old Act.

On and after commencement day, the following provisions of the new Act apply to the administrator and to the missing person referred to subsection (1)—

section 113(3), (4) and (5) of the new Act, if the administration order made under the old Act conferred on the administrator the power to bring and defend actions and other legal proceedings in the name of the missing person under section 58B of the old Act (as modified by section 60AI of the old Act);

Division 5 of Part 5 of the new Act;

section 177 of the new Act (resolution of disagreements);

section 178 of the new Act (enforcement orders);

sections 181 to 186 of the new Act (compensation), as if the contravention relevant to those provisions were a contravention of a provision under the old Act occurring after commencement day;

section 190 of the new Act (offences to use administration (missing person) order dishonestly).

On and after commencement day, a temporary administration order appointing an administrator in respect of the estate of a missing person made under section 60AG of the old Act may be renewed once in accordance with section 60AG(2) of that Act and VCAT must hold a hearing to determine whether an administration (missing person) order should be made under the new Act as soon as practicable after the making of the temporary order under the old Act but within 42 days after making that order.