Register an interstate order in Victoria

If you have been appointed as a guardian A 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. or administrator A person who makes financial and legal decisions on behalf of someone with a disability. (or equivalent appointment) in another Australian state or territory, you can apply to have the appointment recognised in Victoria.

You only need to register an order in Victoria if the represented person is living in Victoria or, in the case of an administration order, if you need 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 a guardianship or an administration order made by VCAT under the Guardianship and Administration Act 1986.

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 revoke the order. An order of this type has no effect in the state that made the original order.

If an interstate tribunal or board revokes, amends or varies an order that has already been registered in Victoria, those changes have no effect on the interstate registration order made by VCAT.

    Cases VCAT can hear

    VCAT can hear cases about the registration of interstate guardianship and administration orders (or equivalent appointments) in Victoria.

    Cases VCAT cannot hear

    VCAT cannot hear:

    • registration applications by someone who is not a guardian A 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. or administrator A person who makes financial and legal decisions on behalf of someone with a disability. (or equivalent appointment)
    • applications about orders 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. It is only necessary 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 copy A 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.

    Role and responsibilities of guardians and administrators

    Guardians and administrators have unique roles and responsibilities. If both roles are appointed, the guardian A 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. and administrator A person who makes financial and legal decisions on behalf of someone with a disability. must consult each other and work closely when making decisions.

    The role of a guardian

    A guardian makes personal lifestyle decisions on behalf of a person with a disability An impairment or combination of impairments – physical, neurological, or acquired brain injury. To be defined as a disability, the impairment would be permanent, result in significantly reduced capacity to communicate, move around or manage day-to-day activities and require ongoing support. , including decisions about their:

    • 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 best interests of the represented person.

    The role of an administrator

    An administrator makes financial and legal decisions, including decisions about:

    • buying or selling property
    • banking and investing
    • paying bills and managing debts.

    An administrator may be a friend or relative of the person with a disability, or a solicitor, accountant or an organisation. If there is no suitable person or organisation, State Trustees Limited or a private trustee company may be appointed as an administrator.

    The responsibilities of an administrator

    An administrator must:

    • 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.

    Administrator reporting requirements

    An administrator is accountable for the decisions they make and must provide annual accounts to VCAT. Learn more about reporting requirements in General advice for administrators.

    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 free or low-cost legal services that may be able to assist you.

    Need help with your application?

    VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

    Legislation that applies to this type of case