Matters to be included in application to VCAT

In force

A person applying to VCAT for an order under this Division must include the following in the application—

(a)

the name and contact details of the proposed represented person;

(b)

the type of order applied for, including details of the personal matter or financial matter in relation to which the order is sought;

(c)

details of the reasons for making the application;

(d)

the name and contact details of any person proposed as guardian or administrator;

(e)

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 proposed represented 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.

(f)

any support needs of the proposed represented person including support provided to the proposed represented person by any companion animal of the proposed represented person.

Note

Section 67 of the VCAT Act sets out additional requirements in relation to making an application.

25 Who are the parties to a proceeding on an application?

The following persons are parties to a proceeding on an application under this Division—

(a)

the applicant;

(b)

the proposed represented person;

(c)

the person proposed as guardian or administrator, as the case requires;

(d)

in the case of an application for a guardianship order, any current administrator for the proposed represented person;

(e)

in the case of an application for an administration order, any current guardian for the proposed represented person;

(f)

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.

26 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—

(a)

any party to a proceeding on an application under this Part;

(b)

the spouse or domestic partner of the proposed represented person, if any;

(c)

the primary carer of the proposed represented person, if any;

(d)

any person referred to in the application as having a direct interest in the application;

(e)

in the case of an application for a guardianship order, the Public Advocate, if no person is proposed as guardian;

(f)

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 memorandum Second reading speech

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24 Matters to be included in application to VCAT