Overview

The Victorian Government is updating the annual fee for estates subject to an administration order (made under the Guardianship and Administration Act 2019).

If an adult is unable to make decisions about their financial and legal affairs because of their disability, an application may be made for another person to administer the affairs of the person with a disability on their behalf.

The Victorian Civil and Administrative Tribunal (VCAT) manages these applications and makes determinations as to whether an administration order is appropriate.

The annual fee is payable to VCAT to contribute towards the costs and expenses of VCAT for proceedings under the Guardianship and Administration Act 2019.

The current annual fee is set by the Guardianship and Administration (Fees) Regulations 2019. These regulations will expire on 28 February 2022.

The updated annual fee will be set in the proposed Guardianship and Administration (Fees) Regulations 2022 (proposed Regulations).

To assist in explaining the proposed annual fee, a regulatory impact statement (RIS) has been prepared.

The RIS:

  • examines the effectiveness and impacts of the current fee
  • assesses feasible options for the proposed updated annual fee, and
  • provides a preferred fee option.

How to participate

This consultation seeks your feedback on the update of the annual fee for estates subject to an administration order made by VCAT.

Please read the RIS and the proposed Regulations attached below and provide feedback by:

  • uploading your submission document via this website, or
  • providing your comments below.

You can also provide your feedback by emailing communityrightslawreform@justice.vic.gov.au

All submissions will be treated as public documents. They will be published on the Engage Victoria website, unless the submission clearly states it is confidential. Your submission should avoid including personal or sensitive information.

You may provide feedback anonymously if you wish. The Department of Justice and Community Safety will also respond directly to all submissions provided with contact information.

Submissions close 5pm Monday 10 January 2022.

Next steps

All submissions and comments will be considered before the Attorney-General decides on whether:

  • the proposed Regulations are made to any annual fee
  • any changes to the annual fee should be incorporated based on the feedback of stakeholders.

Submissions and the outcome of the Attorney-General’s decisions will be published on this website.

Collection notice

The Department of Justice and Community Safety (DJCS) is collecting personal information about you for the purposes of carrying out public consultation and informing the work being undertaken by DJCS in developing the proposed Guardianship and Administration (Fees) Regulations 2022 (the proposed regulations).

All comments and submissions will be treated as public documents unless requested to be made confidential.

Any personal, health or sensitive information collected by DJCS will be handled in accordance with the requirements in the Privacy and Data Protection Act 2014, Health Records Act 2001 and the Public Records Act 1973.

You should avoid providing any personal or health information in your submission. All fields on the submission form relating to personal information are optional. Where you choose to provide contact information such as an email address, DJCS may use this to provide you with feedback on the submissions we receive, seek clarification on your submission or keep you updated on the progress of the proposed regulations. Personal, sensitive or health information will not be shared beyond DJCS unless you have consented to the sharing of your information or DJCS is required to do so by law.

Please do not identify any third parties (other individuals) in your submission without the prior written consent of that person. Any third-party information that is provided may be removed prior to publication.

If you choose to make your submission by email, we may be able to identify you from your email address. If you prefer to remain anonymous, you can tick the box to request to make an anonymous or confidential submission.

Personal information may also be disclosed to the Scrutiny of Acts and Regulations Committee (SARC) of the Victorian Parliament in accordance with the requirements of the Subordinate Legislation Act 1994. More information about SARC is available on the Parliament of Victoria website.

DJCS will not disclose your personal information without your consent, except where required to do so by law. You may contact DJCS to request access to any personal information you have provided to us by emailing communityrightslawreform@justice.vic.gov.au.

For further information on how your personal information is handled please review the privacy policy of DJCS and Engage Victoria.

You can request access to the information we hold about you, and request that it be corrected by making a Freedom of Information request (visit www.justice.vic.gov.au). Please contact the DJCS Freedom of Information Unit on (03) 8684 0063.