Families Of Missing Victorians Benefit From New Reforms
Deputy Premier and Attorney-General Rob Hulls today announced new legislative reforms to allow relatives or friends of missing Victorians to manage a missing person’s property and financial affairs on their behalf.
In a move that will ease some of the emotional and financial burden on relatives of missing Victorians, Mr Hulls said that legislation introduced into Parliament today would give families the chance to act on behalf of a missing person to preserve and manage their financial affairs.
“When a person goes missing, for whatever reason and for however long, they often leave behind financial obligations such as bills, rent and mortgages and, in some cases, children or other dependents,” Mr Hulls said.
“Overdue interest, late fees and legal proceedings can all accumulate in a missing person’s absence, putting significant strain on relatives and friends of a missing person.
“Families and friends often find themselves spending their own money to keep on top of mortgage payments, bills, or maintenance costs, but lack the legal rights to make key decisions about a property’s future or how it is managed.
“The Brumby Labor Government’s new reforms provide an accessible and cost-effective way for relatives or friends to manage a missing person’s affairs.”
Under the proposed changes, the Victorian Civil and Administrative Tribunal (VCAT) will have the power to appoint a family member or close friend to manage a missing person’s affairs in cases where it is unknown whether the person is alive, the person has been missing for more than 90 days, and where reasonable efforts have been made to find them.
In the absence of a relative or family member, VCAT can appoint State Trustees to act on the missing person’s behalf.
Mr Hulls said an administrator would only have limited control of the person’s financial affairs, including the ability to pay debts, provide financial support to the missing person’s dependents, and maintain their property to prevent it from sliding into disrepair.
“Currently, Victorian law is limited in how it can assist family or friends of a missing person who wish to look after the person’s financial affairs while they wait and hope for the person’s safe return,” Mr Hulls said.
“In some instances, this means families continue to pay home loans but cannot tenant the property to help with costs. The legislation will change this.”
Mr Hulls said Victoria Police figures showed almost 84 per cent of the 7,242 people reported missing in 2009-10 were found within the first 24 hours.
“These reforms will help make substantial difference to people in this difficult situation,” he said. The new changes are based on similar schemes in NSW and the ACT.
Topics: 2010, Australia, bills, Brumby Labor Government, children, dependants, family, financial affairs, Governance, government, law enforcement, missing persons, moniter, monitor, mortgages, news, police, property, reform, rent, Rob Hulls, society, VCAT, Victoria, Victorian Civil and Administrative Tribunal
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