Administration is the appointment of a person (an administrator) to make financial and legal decisions for an adult with a disability (the represented person) when they are unable to do so.

How does it work?

• You submit an application for administration to the Guardianship List of the Victorian Civil and Administrative Tribunal.
• The Tribunal hears the matter and if necessary, appoints an administrator.
• The administrator makes decisions about the represented person's financial and legal affairs.
• The administrator's decisions have the same legal force as if the person had made them themselves.

When is administration needed?

Administration is needed when:

• a person who has a disability is at risk because they cannot manage their own financial and legal affairs; and
• a decision needs to be made on their behalf.

What decisions can they make?

An administrator can only make financial and legal decisions for the represented person, such as managing their banking, property or paying bills.

An administrator cannot make personal and lifestyle decisions such as decide accommodation or health care. An administrator's role in these areas is to advise whether the represented person can afford their proposed personal and lifestyle choices and to ensure that the person lives within their means.

Who appoints an administrator?

The Tribunal appoints the administrator. It must be satisfied that the represented person:

• has a disability
• cannot make reasonable decisions because of that disability
• needs to make a decision and there is no less restrictive way of making the decision other than appointing an administrator
• needs someone to act in their best interests.

Who can be an administrator?

The Tribunal can appoint an individual (e.g. a relative, friend, solicitor or accountant) or an organisation (for example, State Trustees Limited or a private trustee company). The Tribunal prefers to appoint an administrator who:

• is familiar with the represented person's values and beliefs, likes and dislikes
• is competent to manage the represented person's affairs.

The Tribunal must be assured that the administrator will act in the represented person's best interests.

The Tribunal will consider the wishes of the represented person and family members.

If there is no one available or there is a disagreement between family or friends about what is best for the represented person, an independent administrator can be appointed.-

Responsibilities of an administrator

An administrator must make decisions that:

• protect the person from abuse, exploitation and neglect
• are in the best interests of the represented person
• consider the represented person's wishes, and
• encourage the represented person to make their own decisions where possible.

An administrator's financial interests must not conflict with those of the represented person.

How can I apply?

A form is available from the Tribunal or its website. There is a link to this from OPA's website. We suggest you telephone the OPA advice service to discuss whether administration is necessary and about supporting material required for the application.

After receiving the form, the Tribunal will set a hearing date. Urgent applications will be heard as soon as possible. Most other applications will be heard within 30 days.

Tribunal hearings

The Tribunal is less formal than a court and tries to help people appearing before it feel comfortable and relaxed. If a person cannot travel to a hearing, the Tribunal may agree to accept evidence over the telephone. The Tribunal usually consists of one member who may be a lawyer, another professional or someone with personal experience in disability.

The Tribunal is not bound by legal rules of evidence and does not have to use formal legal processes. However, hearings must comply with the principles of natural justice (be fair and unbiased).

Legal representation is not necessary, although people attending the Tribunal hearings may ask the Tribunal to allow them to use a lawyer.

Emergency orders

OPA and the Tribunal have a 24-hour emergency service. If the Tribunal considers that a matter is urgent, a temporary administration order can be made for up to 21 days. The order can be extended a further 21 days. Before the end of the order the Tribunal must hold a hearing to determine whether administration is needed.

Duration of an order

An order may last for a maximum of three years, although it will usually be for a shorter period of time. All orders are reassessed by the Tribunal within three years and can be cancelled if no longer needed.

If the represented person dies, the order ends.

Rehearings

If someone believes the Tribunal has made a wrong decision, then an application can be made for a rehearing within 28 days.

Interstate orders

It is possible to register Victorian administration orders in other states, and for interstate orders to be registered in Victoria. For further information contact OPA.

Safeguards

The following safeguards help to ensure that administrators act in the best interests of the represented person.

• Administrators can ask the Tribunal for advice at any time.
• Private administrators must regularly lodge an account of the represented person's finances for examination, as directed by the Tribunal.
• Administrators cannot invest money in real estate or securities, apart from authorised trustee investments, without the approval of the Tribunal.
• Any person who believes that an administrator is not acting in the best interests of a represented person can apply to the Tribunal for a reassessment.