Practice Guidelines
Our guidelines for the practice of guardianship, advocacy and investigations
- We focus on the needs of people with disability.
- We act in the best interests of people with disability.
- We help people with disability understand their choices and make their own decisions.
- We understand the importance of cultural and family relationships. We will consult with friends and family when appropriate.
- We comply with privacy legislation and understand the importance of confidentiality.
- We are committed to the aims and objectives of the Whistleblowers Protection Act. View our Procedures Statement under the Whistleblowers Protection Act 2001
- We are committed to the process of reconciliation and improving access by Indigenous Victorians with a disability to their rights and services. View the Office's
Reconciliation Statement
- Our guardianship, advocacy and investigations are guided by a range of practice guidelines. See below for our practice guidelines on a range of matters.
Guardianship Principles
The background and guiding principles of adult guardianship in Victoria
Guardianship principles
Guardianship principles
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Accommodation Decisions
Guardians' decision-making in relation to accommodation
Accommodation decisions
Accommodation decisions
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Access to and by Persons
This policy is about decisions a guardian may make to limit access to the represented person by others
Access to and by Persons
Access to and by Persons
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Civil Detention
Restricting freedoms of a person perceived to be dangerous
Civil detention practice guideline
Civil detention
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Correctional Services and Advocacy
The advocacy role of the Office when a person is part of the corrections system
Correctional Services and Advocacy
Correctional services and advocacy
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Cultural and Linguistic Diversity
Ensuring decisions are sensitive to an individual's unique background and circumstances
Cultural and linguistic diversity
Cultural and linguistic diversity
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People with HIV
Restrictive interventions where person has HIV or AIDS and the role of guardians and advocates
People with HIV
People with HIV
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Consent to Medical and Dental Treatment
Matters to be taken into account when a guardian is making decisions about health care
Consent to Medical and Dental Treatment
Consent to Medical and Dental Treatment
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Jehovah's Witnesses and Blood Transfusions
The refusal of blood products by members of the Jehovah's Witnesses when they have lost capacity to make decisions for themselves
Jehovah's Witnesses and blood transfusions
Jehovah's Witnesses and blood transfusions
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Special Procedures
The Office's investigation of special procedures requiring the consent of VCAT. These are sterilisation, medical research, termination and tissue transplantation.
Special procedures
Special procedures practice guideline
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Organ Donation
The removal of human tissue from a person who is unable to consent or from a person who has died
Organ donation
Organ donations
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Refusal of medical treatment
Matters to be considered by a guardian where the decision concerns a refusal of medical treatment
Refusal of Medical Treatment
Refusal of Medical Treatment
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Special powers with respect to persons who have a disability: Guardianship and Administration Act section 27
The Office's response to allegations that a person is being unlawfully detained or will suffer serious harm unless action is taken
Special powers with respect to persons who have a disability: Guardianship and Administration Act section 27
Special powers with respect to persons who have a disability: Guardianship and Administration Act section 27
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Not for Resuscitation
Who may make a decision that a person should not be resuscitated and the role of advocates and guardians
Not for Resusitation
Not for Resusitation
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Marriage
Capacity to enter into marriage and the role of the Office in matrimonial and divorce matters
Marriage
Marriage
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Mental Illness
Responsibilities of a guardian for an involuntary patient under the Mental Health Act and commentary on legal issues
Mental Illness
Mental Illness
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Litigation Guardian
When the Public Advocate will consent to appointment as a litigation guardian
Litigation Guardian
Litigation guardian
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Appointment of an Administrator
The matters to be taken into account when considering the appointment of an administrator for a person
Appointment of an Administrator
Appointment of an Administrator
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Gambling and Administration Orders
Administration orders and people with a gambling problem
Gambling and Administration Orders
Gambling and administration orders
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Criminal Law – Supporting Clients
The responsibilities and authority of a guardian or the Office advocate when the client is facing criminal law proceedings
Criminal Law Supporting Clients
Criminal Law
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Passports
This policy explores protective interventions that may be available where there are concerns that people who are at serious risk may leave Australia.
PassportsPassports
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Use of s.26 of the Guardianship and Administration Act 1986
Details regarding how to obtain and use a section 26 order appropriately.
Use of the s.26 of the Guardianship and Administration Act 1986
Use of the s.26 of the Guardianship and Administration Act 1986
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The Charter of Human Rights and Responsibilites and the Guardianshiup and Administration Act - In the best interests of the person
This guideline details how the new Charter of Human Rights and Responsibilities fits in with the work and obligations of the Office of the Public Advocate.
The Charter of Human Rights and Responsibilities and the Guardianship and Administration Act - The best wishes of the person