About the Guardianship List
What cases does the Guardianship List hear?
Is there another way for me to resolve disputes?
Can I see VCAT's file?
Where can I obtain further information?
Contact details
Your privacy and VCAT
Fact sheets in community languages (located on the Office of the Public Advocate website)
2009 Information session dates for recently appointed guardians or administrators. (20KB) (1 page)
For further information, please select a topic from the menu bar options to the left of this page.
About the Guardianship List
The Guardianship List is one of two lists making up the Human Rights Division of VCAT. The other list is the Anti-Discrimination List.
The role of the Guardianship List is to protect persons aged 18 years or over who, as result of a disability, are unable to make reasonable decisions about their person or circumstances or their financial and legal affairs.
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What cases does the Guardianship List hear?
VCAT hears and determines applications under the
Guardianship and Administration Act 1986 in relation to adults who have a disability.
"Disability" means:
- intellectual impairment;
- mental disorder;
- brain injury;
- physical disability;
- dementia.
Applications may include applications for orders -
- appointing guardians to make decisions for a person, including the person's accommodation;
- appointing administrators to manage a person's financial and legal affairs;
- revoking an attorney's appointment, or varying, suspending or making another order in relation to a financial EPA (enduring power of attorney) under the Instruments Act 1958;
- revoking or suspending an enduring power of attorney (medical treatment) under the Medical Treatment Act 1988;
- consenting to a "special procedure", that is:
- a procedure intended or likely to cause infertility;
- termination of pregnancy;
- removal of tissue for transplanting.
Please Note: From 15 July 2006 a medical research procedure is no longer a "special procedure". Follow the link below to see the Office of the Public Advocate's fact sheets and forms that relate to medical research procedures for adults who cannot give informed consent.
http://www.publicadvocate.vic.gov.au/Publications/Medical-consent.html
VCAT also hears and determines applications under the
Disability Act 2006. Under that Act "disability" is defined as:
| A. |
- a sensory impairment (eg. blindness)
- a physical impairment
- a neurological impairment (eg. cerebral palsy)
- an acquired brain injury (eg. stroke)
|
 | |
| (or a combination of these) that:
- is or is likely to be permanent; and
- causes a substantially reduced capacity in at least one of the areas of:
- self-care;
- self-management;
- mobility;
- communication; and
- requires significant ongoing or long term episodic support ; and
- is not related to ageing
|
OR
B. intellectual disability
OR
C. developmental delay
Applications to the Guardianship List may be for VCAT to:
- review decisions by the Secretary to the Department of Human Services to admit a person with an intellectual disability to a residential institution;
- review decisions about "restrictive interventions" (that is, the restraint or seclusion of a person with a disability);
- make orders about residential treatment facilities, including a resident’s treatment plans and leave of absence;
- make orders about "security residents" (persons with intellectual disability transferred from prison to another facility), including a security resident’s treatment plans and leave of absence;
- make and review supervised treatment orders for persons with an intellectual disability if satisfied that, among other things, the person must be detained to prevent serious harm to another person.
For information about other applications under the Act please go to the web pages for the relevant List.
General List - for information about applications for review of a decision by the Secretary to the Department of Human Services as to whether a person has a disability.
Occupational and Business Regulation List - for information about application for review of a decision by the Secretary to the Department of Human Services refusing registration as a disability service provider or renewal of registration, or revoking registration.
Residential Tenancies List - for information about applications about residency in a CRU (Community Residential Unit).
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Is there another way for me to resolve disputes?
Sometimes a person with a disability is at the centre of conflict between family members or other persons, for example:
- disagreement between brothers and sisters about a parent’s accommodation;
- conflict between estranged parents about an adult child’s care;
- disagreement about access and visiting the person; or
- disputes about a person’s financial and legal affairs, including use of an enduring power of attorney.
Occasionally, separate or unrelated disputes between family, friends and carers can prevent them coming together to solve problems for the person with a disability.
If an application is made to VCAT, the Guardianship List may in suitable cases direct that there be mediation by a tribunal member.
There may sometimes be no need to apply to VCAT if disputes can be resolved informally. Even if VCAT has appointed a guardian or administrator, or made some other order to protect the person with a disability, there may be ongoing conflict that VCAT does not have power to deal with.
In these situations, the Dispute Settlement Centre of Victoria (DSCV) may be able to assist the parties to resolve their disputes. The process is confidential and free of charge. DSCV may decline to take on the case if the person with a disability is unable to participate in mediation or has inadequate support, however the Public Advocate (who generally protects and promotes the best interests of persons with a disability) may be able to support the person. DSCV may decide to refer the person to the Office of the Public Advocate (OPA) or, with the consent of the parties, may notify OPA and request that the Public Advocate become involved in the process.
Links
Dispute Settlement Centre of Victoria
Office of the Public Advocate
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Can I see VCAT's file?
The
Victorian Civil and Administrative Tribunal Act 1998 sections 144 and 146 govern the circumstances in which a person may have access to VCAT's register and proceeding file, including documents provided to VCAT.
You may ask to see documents at the hearing but it will usually be more convenient for you to write to the Registrar, Guardianship List, VCAT in sufficient time prior to the hearing.
If you write a letter -
- quote the VCAT file number (G...);
- state the name of the person about whom the application was made;
- state your relationship to that person (eg. parent, child, attorney, legal adviser);
- state the scheduled hearing date (if known);
- specify what document(s) you wish to see;
- give your reasons for asking to see the document(s).
VCAT will consider your request and may approve the release of documents unless to release documents would, for instance -
- cause serious harm to the health or safety of any person;
- involve the unreasonable disclosure of information about any person;
- be in breach of confidence.
If VCAT proposes denying access to the file, VCAT will write to you to invite you to put forward any arguments (or further arguments) you have as to why you should be given access. VCAT will then consider your request further. This may involve VCAT informing the parties to the proceeding so that they too may make written submissions about access to documents. Alternatively, at its discretion, VCAT may schedule a directions hearing for the purpose of hearing submissions about the issue.
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Where can I obtain further information?
The Office of the Public Advocate
Advisory Service
5th floor, 436 Lonsdale Street, Melbourne 3000.
Telephone: (03) 9603 9500
Toll free: 1300 309 337
Website address:
http://www.publicadvocate.vic.gov.au.
Publications which are available from the Office of the Public Advocate include -
Information session dates in 2009. (20KB) (1 page)
Interstate information
For information about
interstate Public Advocates and Public and Adult Guardians, Boards and Tribunals and Public and State Trustees go to the website of the Australian Guardianship and Administration Council -
www.agac.org.au.
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Contact details
Victorian Civil and Administrative Tribunal
Guardianship List
55 King Street
Melbourne, Victoria 3000
(Inquiries at Ground floor)
Office Hours: 9.00 a.m. to 4.30 p.m.
Telephone: 9628 9911
Toll free 1800 133 055 (Country callers only)
Facsimile: 9628 9932