Special order in relation to proposed represented person unlawfully detained or at risk of harm
43 Special order in relation to proposed represented person unlawfully detained or at risk of harm
This section applies if—
an application for a guardianship order has been made under section 22; and
VCAT has received information on oath or affirmation that the proposed represented person—
is unlawfully detained against the person's will; or
is likely to suffer serious damage to the person's physical, emotional or mental health or wellbeing unless immediate action is taken.
VCAT may by order empower the Public Advocate, or some other person specified in the order, to visit the proposed represented person in the company of a police officer for the purpose of preparing a report for VCAT.
If, after receiving a report referred to in subsection (2), VCAT is satisfied that one of the circumstances described in subsection (1)(b) exists, VCAT may make an order enabling the proposed represented person to be taken to a place specified in the order for assessment and placement until the application under section 22 is determined.
A police officer acting under an order made under subsection (2) may, with such assistance as is necessary, use reasonable force to enter the premises where the proposed represented person is.
A person must not delay or obstruct a person who is acting under an order under this section.
- 20 penalty units.
Note
Section 193 applies to an offence against this subsection.
This Act’s bill:Explanatory memorandumSecond reading speech
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