Guardianship

Project Status:

Tabled in parliament

Start Date:

01/05/2009

Tabled in Parliament Date:

18/04/2010

Reference

Those whose decision-making ability is impaired sometimes need a guardian appointed to them. Although Victoria has been an Australian and world leader in guardianship law, social changes in this area have been rapid. In particular, in an aging population, guardianship laws originally designed for the care of children may not be appropriate for the many older people who now rely on guardians.

In May 2009, the Attorney-General asked the Commission to review the Guardianship and Administration Act 1986 (Vic) and report on whether changes were needed.

In January 2010, the Commission published an information paper that explained the operation of the laws in Victoria. A consultation paper published in February 2011 described how Victoria’s guardianship and administration laws currently operate, outlined problems with these laws, discussed laws in other jurisdictions, and put forward options for reform.

This reference required extensive community consultation to understand the day-to-day realities of Victorians affected by guardianship laws. To encourage broad community participation, the Commission published materials in a range of accessible formats and consulted widely across metropolitan and regional areas, attracting submissions and contributions from individuals and community organisations. We also established two expert advisory committees.

The final report, tabled in Parliament on 18 April 2012, made 440 recommendations to modernise, clarify and simplify guardianship laws to better meet the needs of Victoria’s changing population.

The report, consultation paper and other documents can be downloaded from the links below.

Voiced by Amazon Polly

Project Stage

  • Terms of reference received
  • Submissions and consultations
  • Submissions closed
  • Final Report
  • Tabled in parliament

Publications

Publication Date

18/04/2012

Tabled in parliament on 18 April 2012, the Commission’s Guardianship: Final Report contained more than 400 recommendations. Read More
Publication Date

01/03/2011

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. Read More