Register an interstate order in Victoria

If you have been appointed as a guardianDefinitionA person who makes personal lifestyle decisions on behalf of someone with a disability, including decisions about their living arrangements, work arrangements, medical treatment and access to people and services. , administrator, supportive guardian or supportive administrator (or equivalent) in another Australian state or territory, you can apply to have the appointment recognised in Victoria.

You only need to register an appointment if any of the following applies:

  • the represented person intends to live in Victoria
  • you are an administrator who needs to make a decision about a property in Victoria that is owned by the represented person.

An interstate order, once registered in Victoria, has the same force and effect as an order made by VCAT under the Guardianship and Administration Act 2019. This means a guardian or administrator has the power to act and make decisions for the person they represent. In the case of a supportive appointment, they have the power to support the person with disabilityDefinitionA condition that restricts a person's physical or mental capacity to interact in their environment. Disability can be temporary, situational or permanent. .

VCAT has the power to reassess an interstate order at any time and may amend, vary, continue or replace the order subject to any conditions or requirements, or may make an order appointing an administrator or guardian under the Guardianship and Administration Act 2019. This order would have no effect in the state that made the original order.

What we can do

We can have an interstate appointment of a guardian, administrator, supportive guardian or supportive administrator (or equivalent appointments) recognised in Victoria.

What we cannot do

  • We cannot accept applications to register an interstate appointment by someone who is not a guardian, administrator, supportive guardian or supportive administrator (or equivalent appointment)
  • We cannot accept applications about guardianship, administration, supportive guardianship or supportive administration for people who are under 18 years of age.

Before you apply

Before you apply to VCAT, you must ensure the interstate order is current. You only need to register an order in Victoria if the represented person proposes to live permanently or temporarily in Victoria or they have property in Victoria.

You must also provide us with a certified copyDefinitionA copy of a document on which an authorised person has certified: ‘This is a true and complete copy of the original’. of the interstate order and copies of supporting documents that support your claim.

For more about the role and responsibilities of guardians and administrators in Victoria, see the Office of the Public Advocate.

Fees

There are no application or hearingDefinitionThe time and place at which VCAT hears the parties argue their case and makes a decision. fees.

How to apply

Apply online to save your progress and keep track of your application.

Alternatively, download our PDF form (367 kB).

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.

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 situation.

Access and privacy

All information you give VCAT for your case is available to anyone who inspects the case file or attends the hearing, including media. They might get information like your name, contact details and personal information.

By law, with limited exceptions, VCAT must share information that you provide for your case with other parties. This includes your documents and evidence. But it is illegal to publish or broadcast information that could identify a partyDefinitionA person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. in a guardianship, powers of attorney or medical treatment case, unless VCAT makes an exception.

You can ask VCAT at the start of the case to keep your information confidential. VCAT may not agree to this request.

For more information, see our privacy policy.

Legislation that applies to this type of case

Guardianship and Administration Act 2019