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Victoria passes new guardian and administration laws
New laws have passed Victorian Parliament which intend to better protect the rights of adults with disabilities to make and participate in decisions that affect their lives.
Jerome Doraisamy
The Guardianship and Administration Act 2019 makes the “biggest changes to Victoria’s guardianship and administration laws in more than 30 years”, Attorney-General Jill Hennessy said in a statement.
It will ensure greater protections for the rights of adults with a disability whose decision-making capacity might be impaired to make and participate in decisions that affect their lives, she continued.
The changes replace outdated laws from 1986 and include a presumption that a person has decision-making capacity, unless evidence is provided otherwise, and recognises that a person has decision-making capacity if they can make decisions with support.
The reforms also create new offences for guardians or administrators who dishonestly use their appointment for financial gain or cause loss to the represented person, with anyone found guilty facing up to five years in prison, and allow for the appointment of a supportive guardian or administrator who can help a person to make their own decisions.
Elsewhere, the Victorian Civil and Administrative Tribunal will also be able to set limits on guardianship and administration appointments so that orders are tailored to fit individual circumstances, and hear all initial applications in the person’s presence, unless satisfied that the person doesn’t want to attend, or there is another justifiable reason for their absence.
“The changes reflect a more modern understanding of decision-making capacity and disability, and ensure that a person’s will and preferences are followed where possible and appropriate,” the attorney-general’s statement noted.
“Individuals can also seek compensation for a loss caused by a guardian or administrator who breaches their duties.”
Ms Hennessy concluded: “Every Victorian has the right to enjoy his or her human rights without discrimination, and these changes will give Victorians living with a disability greater choice in their homes, lives and communities.”
The Minister for Disability, Ageing and Carers, Luke Donnellan, added: “This is about ensuring that all Victorians with a disability can participate in the decision-making that affects their own lives, while protecting them along them the way. They deserve no less.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly and HR Leader. He has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. In June 2024, he also assumed the editorship of HR Leader. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
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