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New case note on significant guardianship decision.

In HYY, VCAT gave advice on whether the Guardianship and Administration Act 2019 (Vic) (GAA) enables guardians to authorise physical restraint on a person under their guardianship to provide medical treatment.

VCAT advised that the GAA does not enable guardians to authorise physical restraint to provide medical treatment. If physical restraint is required, guardians must apply to VCAT for an order under section 45 of the GAA, which enables a guardian to take action for a person to comply with the guardian's decision. Any physical restraint authorised must be necessary, reasonable and be the least restrictive option available.

In reaching this advice, VCAT emphasised the objective of the GAA to promote the human rights of persons subject to a guardianship order. It applied a human rights-based approach to interpreting the GAA, and considered the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) to itself and to guardians in carrying out their powers and functions under the GAA.