Disability Act 2006 (review)
VCAT can review certain decisions about registration as a disability service provider made by the Department Head, Department of Human Services (Secretary) under the Disability Act 2006.
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
Cases we can hear
You may be able to apply for a review if you are a person or a disability service provider, and a decision has been made by the Secretary to:
- refuse an application for registration as a disability service provider (under section 40 of the Act)
- refuse an application for renewal of registration (under section 42 of the Act)
- revoke the registration of a disability service provider (under section 43(1)(c) of the Act).
A ‘person’ includes a body or association, corporate and unincorporate, and a partnership.
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.
Legislation that gives VCAT the power to hear these applications
- Section 45(1) of the Disability Act 2006
If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.
You must make your application within 28 days from when:
- the decision was made, or
- if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.
You may be able to apply for an extension to this time limit.
What can VCAT order?
Unless the relevant Act of Parliament gives us different powers, VCAT can:
- affirm the original decision, in which case the original decision will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
- invite the decision-maker to reconsider their decision at any time during the case.
Choose the application that applies to you:
VCAT hears and decides applications for orders for people with disabilities under the Disability Act 2006.
Under the Disability Act 2006 VCAT can review decisions made by the Secretary to the Department of Human Services.
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 wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.
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.