Apply to review a decision
Under the Disability Act 2006 VCAT can review decisions made by the Secretary to the Department of Human Services.
We can confirm or modify the decision, or make a new decision.
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.
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 review a decision made by the Secretary to the Department of Human Services. The decision may be about:
- whether or not someone has a disability
- whether to include the use of restraint or seclusion in a person's behaviour support plan
When we know that all parties have received a copy of the application we either schedule a directions hearing, where a VCAT member sets out a timetable for the case or list the application for a hearing. All parties must attend the directions hearing or hearing. They can attend in person or may have a lawyer or other representative appear on their behalf. Learn more about what happpens 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 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.