Guardianship Consultation Paper

Released in March 2011, the Guardianship: Consultation Paper describes how Victoria’s guardianship and administration laws currently operate, outlines problems with the current laws, discusses laws in other jurisdictions, and outlines options for reform. The paper also contains a list of questions to guide submissions.

Download PDFs of the paper below. A summary, Easy English version, and translations are also available. 

To make the paper easier for readers to navigate, it has been divided into the following sections, pdfs of which can be found at the bottom of the page:

Prelims and Chapter 1

  • Preliminary pages, including preface, call for submissions, terms of reference, glossary and executive summary.
  • Chapter 1: Introduction

Part 1: History, Current Law and Change

  • Chapter 2: History and Current Law and Practice
  • Chapter 3: A Changing Environment

Part 2: The Direction of New Laws

  • Chapter 4: Structure of New Laws
  • Chapter 5: Principles of Laws
  • Chapter 6: Clear and Accessible Laws

Part 3: Supported Decision Making

  • Chapter 7: Supported Decision Making

Part 4: Personal Appointments

  • Chapter 8: Personal Appointments
  • Chapter 9: Documenting Wishes about Your Future

Part 5: VCAT Appointments

  • Chapter 10: VCAT Appointments and Who They are For
  • Chapter 11: Age
  • Chapter 12: The Distinction between Guardianship and Administration
  • Chapter 13: Powers of Guardians and Administrators

Part 6: Statutory Appointments

  • Chapter 14: Automatic Appointments—the Person Responsible
  • Chapter 15: Informal Assistance—Admission into Care
  • Chapter 16: Medical Treatment

Part 7: Responsibility and Accountability under the Law

  • Chapter 17: Responsibilities
  • Chapter 18: Confidentiality
  • Chapter 19: Accountability and Review of Substitute Decision Making

Part 8: Implementing and Regulating New Laws

  • Chapter 20: The Public Advocate
  • Chapter 21: VCAT

Part 9: Interaction with Other Laws

  • Chapter 22: Disability Act 2006 (Vic)
  • Chapter 23: Mental Health Act 1986 (Vic)
  • Chapter 24: Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)
  • Appendices and Consultation Paper Questions to Guide Submissions
Guardianship Consultation Paper Ch 1 (pdf)
Guardianship Consultation Paper Part 1 (pdf)
Guardianship Consultation Paper Part 2 (pdf)
Guardianship Consultation Paper Part 3 (pdf)
Guardianship Consultation Paper Part 4 (pdf)
Guardianship Consultation Paper Part 5 (pdf)
Guardianship Consultation Paper Part 6 (pdf)
Guardianship Consultation Paper Part 7 (pdf)
Guardianship Consultation Paper Part 8 (pdf)
Guardianship Consultation Paper Part 9 (pdf)
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