{"id":"sr:guardianship-and-administration-fees-regulations-2022","name":"Guardianship and Administration (Fees) Regulations 2022","slug":"guardianship-and-administration-fees-regulations-2022","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181362,"registerId":"vic-sr:guardianship-and-administration-fees-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Guardianship and Administration (Fees) Regulations 2022","content":"Version No. 001\n\n**Guardianship and Administration (Fees) Regulations 2022**\n\n**S.R. No. 15/2022**\n\nVersion as at  \n1 March 2022\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definition 1\n\n5 Assessment of fortnightly income 1\n\n6 Annual fees 2\n\n7 When fees are payable 2\n\n8 Waiver of fees 2\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Explanatory details 6\n\n**Version No.** **001**\n\n**Guardianship and Administration (Fees) Regulations 2022**\n\n**S.R. No. 15/2022**\n\nVersion as at  \n1 March 2022\n\n\t1 Objective\n\nThe objective of these Regulations is to provide for the payment of annual fees to be paid in respect of estates which are the subject of an administration order.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 194 of the **Guardianship and Administration Act 2019**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 March 2022.\n\n\t4 Definition\n\nIn these Regulations—\n\n***estate*** means an estate which is subject to an administration order in any financial year.\n\n\t5 Assessment of fortnightly income\n\nFor the purposes of these Regulations, the fortnightly income of an estate must be assessed by dividing all income received or accrued by the estate during the previous financial year by 26.\n\n\t6 Annual fees\n\nThe annual fee for an estate—\n\n(a) in the case of an estate with a fortnightly income of less than $930 is nil; and\n\n(b) in the case of an estate with a fortnightly income of $930 or more is 9 fee units.\n\n\t7 When fees are payable\n\nThe annual fee for an estate is payable on or before 31 December following the end of the financial year in which the fortnightly income of the estate was assessed.\n\n\t8 Waiver of fees\n\nVCAT may of its own motion, or on an application by the administrator, waive all or part of a fee payable under these Regulations if VCAT is of the opinion that the fee would cause undue hardship to the person in respect of whom an administration order has been made.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Guardianship and Administration (Fees) Regulations 2022, S.R. No. 15/2022 were made on 22 February 2022 by the Governor in Council under section 194 of the **Guardianship and Administration Act 2019**, No. 13/2019 and came into operation on 1 March 2022: regulation 3.\n\nThe Guardianship and Administration (Fees) Regulations 2022 will sunset 10 years after the day of making on 22 February 2032 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Guardianship and Administration (Fees) Regulations 2022 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n**Fee Units**\n\nThese Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\nThe amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\nThe value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\nThe value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulation appears to serve its stated and narrow purpose of prescribing fees under the Guardianship and Administration framework. There is no evidence of scope expansion beyond fee-setting into substantive guardianship or administration rights and obligations."},"complexity_factors":["The document as provided contains minimal substantive content — primarily version history and metadata rather than operative provisions","Fees regulations are generally straightforward in structure, listing amounts and the circumstances in which they apply","The underlying guardianship and administration framework (referenced but not reproduced here) can be complex, but the fees instrument itself is typically a simple schedule","No apparent cross-referencing to multiple other legislative instruments based on available text"],"plain_english_summary":"This regulation sets the fees payable in connection with guardianship and administration proceedings and services—covering costs tied to applications, ongoing administration and related government services. It affects applicants, family members, professional administrators and public trustees who participate in or oversee decision-making for people who lack capacity. Knowing these fees helps those involved budget for the process."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement the Act’s authorising power to provide for payment of annual fees for estates subject to administration orders (regs 1–3, 4, 6–7). They do not expand or narrow the classes of persons or orders covered by the Act; they only prescribe method of assessment, the threshold and fee quantum (in fee units), timing and a waiver mechanism (reg 8 and Explanatory details)."},"complexity_factors":["Straightforward threshold rule: nil fee if fortnightly income < $930; fixed fee of 9 fee units if ≥ $930 (reg 6) — low rule complexity but sharp cliff at the threshold.","Income assessment requires aggregating all income for the previous financial year and dividing by 26 (reg 5) — recordkeeping and timing dependence increase operational steps.","Indexation to fee units: fee expressed in fee units; Treasurer fixes fee unit value annually under the Monetary Units Act and published before 1 June (Explanatory details) — introduces variable dollar amount and need to monitor government notices.","Payment timing: single annual due date on or before 31 December following the financial year (reg 7) — cashflow and compliance deadline risk for administrators.","Discretionary waiver: VCAT may waive all or part of a fee for undue hardship, on its own motion or application by the administrator (reg 8) — introduces administrative discretion and an application process.","Rounding and calculation detail: fee calculation may be rounded to nearest 10 cents per the Monetary Units Act guidance (Explanatory details) — minor technical step.","Limited scope and short text: few provisions and no graduated scale beyond the one threshold reduces interpretative ambiguity but concentrates importance on correct income measurement."],"plain_english_summary":"These Regulations set out how annual fees are charged for estates under an administration order: they prescribe how to calculate an estate’s fortnightly income (previous financial year ÷ 26), set a nil fee below a $930 fortnightly threshold and a fee of 9 fee units at or above that threshold, and require payment by 31 December after the financial year. VCAT may waive fees for undue hardship and the Treasurer fixes the dollar value of a fee unit, so administrators must calculate income, pay or seek waiver."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of setting fees for estates under administration orders. The scope has not expanded beyond this narrow administrative function."},"complexity_factors":["Only 8 regulations total, with minimal conditional logic","Single defined term ('estate') in the interpretation section","Straightforward two-tier fee structure (nil or 9 fee units) with clear income threshold","No cross-references to other parts of the same instrument (only external references to authorising Act and Monetary Units Act)","Simple temporal trigger for payment (31 December following assessment year)","Single discretionary power (waiver) with broad but clear criteria ('undue hardship')"],"plain_english_summary":"This legislation sets out the fees that must be paid for managing the financial affairs of people who cannot manage their own affairs due to disability or incapacity.\n\n**What it does:**\n- **Establishes annual fees** for estates (financial assets) that are under an \"administration order\" — a court decision appointing someone to manage another person's finances because they lack capacity to do so themselves.\n- **Calculates fees based on income:** The estate's income is converted to a fortnightly (two-weekly) amount. If this is less than $930 per fortnight, no fee is charged. If it's $930 or more, the fee is 9 \"fee units\" (a dollar amount set by another law, currently around $135).\n- **Sets payment deadlines:** Fees are due by 31 December after the financial year ends.\n- **Allows hardship waivers:** VCAT (Victorian Civil and Administrative Tribunal — a specialist court) can cancel or reduce fees if paying them would cause serious financial difficulty for the person whose estate is being managed.\n\n**Who it affects:**\n- People under administration orders (typically those with cognitive disabilities, mental illness, or dementia who cannot manage their own finances).\n- Administrators (the people appointed to manage these estates).\n- VCAT, which oversees these arrangements.\n\n**Why it matters:**\nThis ensures that the administrative costs of protecting vulnerable people's finances are funded, while protecting low-income individuals from fees they cannot afford. The sliding scale means poorer estates pay nothing, while wealthier ones contribute to the system."}},"importantCases":[],"_links":{"self":"/api/acts/guardianship-and-administration-fees-regulations-2022","history":"/api/acts/guardianship-and-administration-fees-regulations-2022/history","analysis":"/api/acts/guardianship-and-administration-fees-regulations-2022/analysis","conflicts":"/api/acts/guardianship-and-administration-fees-regulations-2022/conflicts","importantCases":"/api/acts/guardianship-and-administration-fees-regulations-2022/important-cases","documents":"/api/acts/guardianship-and-administration-fees-regulations-2022/documents"}}