Establish whether someone has a guardian
If you are applying to the Magistrates' Court of Victoria for a detention and treatment order under section 10 of the Severe Substance Dependence Treatment Act 2010, VCAT can establish if the person who is the subject of the application has a guardian appointed to them.
The role of a guardian
A guardian makes personal lifestyle decisions, including decisions about:
- living arrangements
- work arrangements
- medical treatment
- access to people and services.
The responsibilities of a guardian
A guardian must:
- act as an advocate for the represented person
- act in the best interests of the represented person
- take the represented person’s wishes into account when making decisions
- encourage the represented person, as far as possible, to make decisions and act for themselves
- protect the person from neglect, abuse or exploitation.
A guardian may be a friend or relative of the person with a disability. If there is no suitable person, we can appoint the Public Advocate as a guardian.
Safeguards for represented people and guardians
VCAT can reassess a guardianship order if it is not working in the correct way or in the best interests of the represented person.
You must complete the Magistrates' Court section 10 application and attach a stamped copy of it to your VCAT application. We cannot disclose information unless we are satisfied your request is made in accordance with section 11 subsection (1) of the Severe Substance Dependence Treatment Act 2010.
When we receive your request, the Registrar or Deputy Registrar of the Human Rights Division will search current VCAT guardianship orders.
If there is a record of a current guardian
If we find the person has a guardian we will give you:
- a copy of the VCAT guardianship order
- a letter telling you the name and contact details of the person's guardian.
You can choose to receive this information by email, fax or in person. We give you this information within 24 hours of receiving your request.
If there is no record of a current guardian
If we do not have a record of a current guardian, we give you a letter advising that a search has been conducted and no record was found. You can choose to receive this information by email, fax or in person.
Remember your reference number
VCAT gives you a reference number for your case. Use this number whenever you contact us or the other people involved in the case.
Access and privacy
VCAT hearings and files are usually public. We have limited authority to restrict access to information. Learn more about applying for confidentiality.