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.
Before you apply
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.
Make a written request to VCAT by completing a Section 11 Request to VCAT form. You can make your request to VCAT in person, by email or by fax.
There are no application or hearing fees.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.
Find legal services that may be able to assist you.
Need help with your application?
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.
When we receive your request
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.