{"id":"sr:guardianship-and-administration-fees-regulations-2019","name":"Guardianship and Administration (Fees) Regulations 2019","slug":"guardianship-and-administration-fees-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181341,"registerId":"vic-sr:guardianship-and-administration-fees-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Guardianship and Administration (Fees) Regulations 2019","content":"**Information Notice**\n\n**Statutory Rule Title** **Guardianship and Administration (Fees) Regulations 2019**\n\n**Information Title:** **Saving of Regulations**\n\n**Version:** **002**\n\nRegulation 5 of the Guardianship and Administration (Fees) Transitional Regulations 2020, S.R. No. 11/2020 reads as follows:\n\n\t5 Saving of Guardianship and Administration (Fees) Regulations 2019\n\nDespite the repeal of the old Act, the Guardianship and Administration (Fees) Regulations 2019[[1]](#endnote-1) made under that Act as in force immediately before that Act's repeal—\n\n(a) continue in force (except insofar as they are inconsistent with the new Act) as if they had been made under the new Act; and\n\n(b) may be amended or revoked as if they had been made under the new Act.\n\nSection 197(1) of the Guardianship and Administration Act 2019, No. 13/2019 provides for the repeal of the Guardianship and Administration Act 1986, No. 58/1986 and comes into operation on a day to be proclaimed. If section 197(1) is not proclaimed before 1 March 2020, it will come into operation on that day.\n\n1. Reg. 5: S.R. No. 101/2019. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence of scope change from original intent. The regulation appears to serve its stated purpose of prescribing fees under the Guardianship and Administration framework. However, the severely limited content provided makes a definitive assessment impossible."},"complexity_factors":["Regulations of this type are typically straightforward fee schedules with limited substantive legal complexity","The document as provided contains almost no substantive content — it appears to be a version history/metadata shell only, making full analysis impossible","The underlying subject matter (guardianship and administration) can itself be complex, but fee regulations are generally simple instruments","Minimal interpretive challenge expected — fee regulations typically list amounts against specific actions or applications"],"plain_english_summary":"This regulation sets out the fees charged for applying for and administering guardianship and administration orders in Victoria — i.e., the costs tied to appointing guardians or administrators for people who lack decision-making capacity.  \n\nIt affects people with disability, their families, lawyers, and public trustees. Note: the supplied text is a structural shell and does not include the actual fee amounts."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation does not broaden or narrow substantive fee rules; it preserves the Guardianship and Administration (Fees) Regulations 2019 but subjects them to the new Act where inconsistent and subjects them to amendment or revocation under the new Act (Reg. 5). The commencement mechanism in s.197(1) determines when the preservation takes effect but does not itself change the preserved regulations' content."},"complexity_factors":["Transitional saving mechanism that preserves pre-existing regulations despite repeal of parent Act (Reg. 5).","Qualification that preserved regulations survive only 'except insofar as they are inconsistent with the new Act' — requires interpretation of inconsistency.","Grants amendment and revocation powers as if regulations were made under the new Act, creating administrative discretion over fees (Reg. 5(b)).","Timing trigger for repeal/commencement in s.197(1) (proclamation or automatic date) creates a temporal dependency for when the saving applies.","Cross-references between old regulations and the new Act increase legal interdependence and require reading multiple instruments together."],"plain_english_summary":"This transitional rule keeps the Guardianship and Administration (Fees) Regulations 2019 operating after the older Act is repealed, treating them as if made under the Guardianship and Administration Act 2019 except where they conflict with that new Act. It also permits those fee regulations to be amended or revoked under the new Act. It affects anyone who pays or collects guardianship/administration fees and the public bodies that set those fees, because it preserves fee rules and authorises fee-setting changes under the new legislative framework (Reg. 5; s.197(1))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a transitional/saving provision with no original substantive scope to compare against. It serves a narrow technical purpose: preserving existing fee regulations during a legislative handover. The scope remains exactly what it was intended to be—a bridge between old and new legislation."},"complexity_factors":["Single operative provision (Regulation 5) with straightforward conditional logic","Only 2 sub-paragraphs (a) and (b) with clear purposes","Minimal defined terms—relies on external references ('old Act', 'new Act') that are contextually obvious","No nested exceptions or complex cross-referencing beyond the basic inconsistency carve-out","Document is essentially a transitional notice rather than substantive regulatory text"],"plain_english_summary":"This document is a **saving provision** that keeps the 2019 fee regulations alive even though the old law they were made under (the 1986 Guardianship and Administration Act) is being repealed.\n\n**What it does:**\n- When the old 1986 Act is repealed and replaced by the new 2019 Act, these fee regulations don't automatically die\n- They continue in force as if they were made under the new 2019 Act\n- They can still be amended or revoked under the new Act\n- The only exception: if anything in the old fee rules conflicts with the new Act, the new Act wins\n\n**Who it affects:**\n- People under guardianship or administration (where someone else manages their affairs)\n- The Victorian Civil and Administrative Tribunal (VCAT), which sets up these arrangements\n- Anyone paying fees for guardianship or administration services\n\n**Why it matters:**\nWithout this saving provision, all the fee rules would disappear when the old Act is repealed, creating chaos about what fees apply. This ensures a smooth transition—fees keep working the same way until they're formally updated under the new system."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-administration-fees-regulations-2019","history":"/api/acts/guardianship-and-administration-fees-regulations-2019/history","analysis":"/api/acts/guardianship-and-administration-fees-regulations-2019/analysis","conflicts":"/api/acts/guardianship-and-administration-fees-regulations-2019/conflicts","importantCases":"/api/acts/guardianship-and-administration-fees-regulations-2019/important-cases","documents":"/api/acts/guardianship-and-administration-fees-regulations-2019/documents"}}