Apply for an order under the Disability Act
VCAT makes orders about restrictive and compulsory treatment for people with intellectual disabilities when there is a chance of them harming others.
We make these decisions under the Disability Act 2006.
What we can do
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
- court-made orders
- special leave.
Cases we can't help with
We can’t accept:
- some cases where one party lives in another state or is a Commonwealth government organisation
- cases heard under federal law instead of Victorian law.
Before you apply
Applications can be made by an authorised program officer, senior practitioner, public advocate, NDIS provider, disability service provider, 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.
There are no application or hearing fees.
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
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 want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
Find 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.