Apply for an order
VCAT hears and decides applications for orders for people with disabilities under the Disability Act 2006.
We can make orders about:
- residential treatment facilities
- court-made orders
- leave of absence and special leave
- security residents
- supervised treatment.
Before you apply
Applications can be made by an authorised program officer, senior practitioner, the person subject to a supervised treatment order, a resident or other people in some circumstances. If you are an authorised program officer applying for a supervised treatment order or an order about a resident's treatment plan, you need to ensure all assessments and reports are up to date before you make the application.
You must upload your application to the Restrictive Intervention Data System (RIDS). Learn more about RIDS by contacting the Office of Professional Practice
You must also have the treatment plan ready at least four weeks before the hearing and send a copy of it to VCAT and to the senior practitioner.
Need help with your application?
VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
In these cases any party may be represented by a professional advocate.
Some people have an automatic right to representation, which means they do not have to ask for VCAT's permission for legal representation.
Find free or low-cost legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.
Legislation that applies to this type of case
Cases VCAT can hear
VCAT can make orders about:
- residential treatment facilities, including a resident’s treatment plans and leave of absence
- a security resident, including a security resident’s treatment plan and leave of absence. 'Security resident' is the term used in the Act to describe a person with intellectual disability transferred from prison to another facility
- supervised treatment for a person with intellectual disability if we are satisfied that, among other things, the person must be detained to prevent serious harm to another person.
We list your case for a hearing and we may make directions or orders setting out what needs to be done in preparation for the hearing. If the person who is the subject of the application or any other person has particular needs for the hearing, let us know. Learn more about what happens when VCAT opens a case.
Many cases at VCAT are decided at a hearing. Prepare early so you can present the best possible case. If you did not submit all supporting documents with your application, you must ensure VCAT receives them at least three business days before the hearing. Learn more about how to prepare for your final hearing.