Definitions

In force

(1)

In this Act—

administration (missing person) order means an order made under section 105 that appoints a person as an administrator;

administration order means an order made under section 30 that appoints a person as an administrator;

administrator means the person appointed as an administrator in relation to one or more specified financial matters—

(a)

in an administration order; or

(b)

in an administration (missing person) order;

close friend of a person means another person who has a close personal relationship with the first person and a personal interest in the first person's welfare;

determination, in relation to VCAT, includes an order, direction, consent, advice and approval;

disability, in relation to a person, means neurological impairment, intellectual impairment, mental disorder, brain injury, physical disability or dementia;

domestic partner of a person means—

(a)

a person who is in a registered relationship with the person; or

(b)

an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)

for fee or reward; or

(ii)

on behalf of another person or an organisation (including a government, a government agency, a body corporate or a charitable or benevolent organisation);

financial matter, in relation to a person, means any matter relating to the person's financial or property affairs and includes any legal matter that relates to the financial or property affairs of the person;

Examples

The following are examples of financial matters—

(a)

making money available to the person for the person's personal expenditure;

(b) paying expenses for the person and any dependants of the person relating to the maintenance and accommodation of the person and any dependants, including purchasing an interest in, or making a contribution to, a property to accommodate the person or any dependants of the person or otherwise making payments in relation to such property;

(c)

paying any debts of the person, including any fees and expenses to which an administrator is legally entitled;

(d)

receiving and recovering money payable to the person;

(e)

carrying on any trade or business of the person;

(f)

performing any contracts entered into by the person;

(g)

discharging any mortgage over the person's property;

(h)

paying rates, taxes and insurance premiums or other outgoings for the person's property;

(i)

insuring the person or the person's property;

(j)

otherwise preserving or improving the person's property;

(k)

making investments for the person;

(l)

continuing investments of the person, including taking up rights to issues of new shares or options for new shares to which the person becomes entitled by the person's existing shareholding;

(m)

undertaking any real estate transaction for the person;

(n)

dealing with land for the person;

(o)

undertaking a beneficial transaction for the person involving the use of the person's property as security for an obligation, including taking out a loan on behalf of the person or giving a guarantee on behalf of the person;

(p)

withdrawing money from or depositing money into an account of the person with a financial institution.

guardian (except in section 50(2)(a)) means a person appointed in a guardianship order as a guardian in relation to one or more specified personal matters;

guardianship order means an order made under section 30 that appoints a person as a guardian;

income includes rents and profits;

legal matter in relation to a person means—

(a)

the use of legal services for the person's benefit; or

(b)

bringing or defending a legal proceeding or hearing in a court, tribunal or other body on behalf of the person, including settling a claim before or after a legal proceeding or hearing starts;

Examples

The following are examples of legal matters—

(a)

the use of legal services to obtain information about the person's legal rights;

(b)

the use of legal services to make a transaction.

medical treatment decision has the same meaning as in the Medical Treatment Planning and Decisions Act 2016;

missing person means a person determined to be a missing person under section 105(3);

nearest relative means the relative first listed in the definition of relative who is of or over 18 years of age, the elder or eldest of 2 or more relatives described in any paragraph being preferred to any other so described;

personal matter, in relation to a person, means any matter relating to the person's personal or lifestyle affairs, and includes any legal matter that relates to the person's personal or lifestyle affairs;

Examples

The following are examples of personal matters—

(a)

where and with whom the person lives;

(b)

other persons with whom the person associates;

(c)

whether the person works and, if so, the kind and place of work and employer;

(d)

whether the person undertakes education or training and if so, the kind of education or training and the place where it takes place;

(e)

daily living issues such as diet and dress;

(f)

medical treatment decisions, excluding decisions about matters provided for in Part 6.

police officer has the same meaning as in the Victoria Police Act 2013;

primary carer has the same meaning as in the Medical Treatment Planning and Decisions Act 2016;

principal registrar means the principal registrar of VCAT;

proposed represented person means a person in relation to whom an application is made under section 22 or 23;

proposed supported person means a person in relation to whom VCAT considers making a supportive guardianship order or supportive administration order under section 87;

Public Advocate means the person appointed as the Public Advocate, being the office continued in existence by section 10;

Public Advocate employee means a person referred to in section 18 and employed to enable the Public Advocate to exercise the Public Advocate's powers, carry out the Public Advocate's functions or perform the Public Advocate's duties;

regulations means regulations made under this Act;

relative means any of the following—

(a)

a spouse or domestic partner;

(b)

a child;

(c)

a parent;

(d)

a step-parent;

(e)

a sibling;

(f)

a step-sibling;

(g)

a grandparent;

(h)

a grandchild;

(i)

an uncle or aunt;

(j)

a nephew or niece;

represented person means—

(a)

a person in relation to whom a guardianship order has effect; or

(b)

a person in relation to whom an administration order has effect;

spouse of a person means a person to whom the person is married;

State Trustees has the same meaning as in the State Trustees (State Owned Company) Act 1994;

supported decision means—

(a)

in the case of a supportive guardianship order, a decision about a personal matter that is specified in the order; and

(b)

in the case of a supportive administration order, a decision about a financial matter that is specified in the order;

supported person means a person in relation to whom a supportive guardianship order or a supportive administration order has effect;

supportive administration order means an order made under section 87 that appoints a person as supportive administrator;

supportive administrator means a person appointed in a supportive administration order as supportive administrator in relation to one or more specified financial matters;

supportive guardian means a person appointed in a supportive guardianship order as supportive guardian in relation to one or more specified personal matters;

supportive guardianship order means an order made under section 87 that appoints a person as supportive guardian;

VCAT Act means the Victorian Civil and Administrative Tribunal Act 1998.

(2)

For the purposes of the definition of domestic partner in subsection (1)—

(a)

registered relationship has the same meaning as in the Relationships Act 2008; and

(b)

in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)

a person is not a domestic partner of another person only because they are co-tenants.

(3)

A reference in the definition of relative in subsection (1) to a person's sibling includes a reference to a person who was adopted by one or both of the person's parents.

This Act’s bill:Explanatory memorandum Second reading speech

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3 Definitions