Subclause (2) makes clear that VCAT may approve or disapprove of any act proposed to be done, give such advice as it considers appropriate, and make any order it considers necessary. Subclause (3) provides that VCAT may, of its own initiative, direct or give an advisory opinion to a supportive guardian concerning any matter. Subclause (4) protects a supportive guardian from legal action for an act or thing done or omitted by the supportive guardian under any order or on the advice of VCAT made or given under this clause. This protection applies unless, in representing the facts to VCAT, the supportive guardian has been guilty of fraud, wilful concealment or misrepresentation. Clause 106 requires the supportive guardian to report the death of the supported person to VCAT in writing without delay. PART 8—ADMINISTRATION (MISSING PERSON) ORDERS Division 1 for administration (missing person) —Application orders Clause 107 Subclause (1) allows any person to apply to VCAT for an order appointing an administrator in respect of the estate of a missing person. In particular, this allows a member of the missing person's family to apply for the appointment of an administrator. Subclause (2) provides that the applicant, the person proposed as the administrator and any other person determined by VCAT to be a party is a party to a proceeding under subclause (1). Clause 108 outlines persons who are entitled to notice of an application for administration in relation to the estate of a missing person under clause 107, as well as notice of a hearing of a proceeding in relation to the application and notice of any VCAT order in relation to the application. Subclause (1) provides that the following persons are entitled to a notice— the spouse or domestic partner of the missing person; the primary carer of the missing person;
Subclause (2) makes clear that VCAT may approve or disapprove of any act proposed to be done, give such advice as it considers appropriate, and make any order it considers necessary. Subclause (3) provides that VCAT may, of its own initiative, direct or give an advisory opinion to a supportive guardian concerning any matter. Subclause (4) protects a supportive guardian from legal action for an act or thing done or omitted by the supportive guardian under any order or on the advice of VCAT made or given under this clause. This protection applies unless, in representing the facts to VCAT, the supportive guardian has been guilty of fraud, wilful concealment or misrepresentation. Clause 106 requires the supportive guardian to report the death of the supported person to VCAT in writing without delay. PART 8—ADMINISTRATION (MISSING PERSON) ORDERS Division 1 —Application for administration (missing person) orders Clause 107 Subclause (1) allows any person to apply to VCAT for an order appointing an administrator in respect of the estate of a missing person. In particular, this allows a member of the missing person's family to apply for the appointment of an administrator. Subclause (2) provides that the applicant, the person proposed as the administrator and any other person determined by VCAT to be a party is a party to a proceeding under subclause (1). Clause 108 outlines persons who are entitled to notice of an application for administration in relation to the estate of a missing person under clause 107, as well as notice of a hearing of a proceeding in relation to the application and notice of any VCAT order in relation to the application. Subclause (1) provides that the following persons are entitled to a notice— the spouse or domestic partner of the missing person; the primary carer of the missing person;
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