Supported Residential Services (Private Proprietors) Act 2010 (review)
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.
VCAT can review certain decisions made by the Secretary of the Department of Health or the Minister of Health under the Supported Residential Services (Private Proprietors) Act 2010.
Applications about notices to vacate or security deposits are heard by our Residential Tenancies List.
Cases we can hear
You may be able to VCAT for a review if you are a person whose interests are affected by a decision made by the Secretary of the Department of Health or the Minister for Health.
Decisions made by the Secretary of the Department of Health
VCAT can review decisions about:
- Registration of supported residential services; conditions imposed on registrations; and variations to registrations
- Whether an individual applicant is a suitable person to carry on, exercise control over or manage a supported residential service; and, where an applicant is a body corporate, whether the relevant director and other officer is a suitable person to carry on, exercise control over or manage a supported residential service
- The issuing of a compliance notice or the terms of a compliance notice.
- A compliance notice may be issued if the Secretary believes, on reasonable grounds, that the proprietor of a supported residential service has contravened or is contravening a provision of this Act or the regulations or has contravened an undertaking
- The amount of costs claimed by the Secretary where an administrator has been appointed to the supported residential service.
Decisions made by the Minister for Health
VCAT can review decisions about:
- The suspension of admissions to a supported residential service or the cancellation or revocation of the registration of a supported residential service.
The Minister may make those decisions if satisfied that: the proprietor of the service has failed to carry on the service in accordance with the Act, regulations or any condition of registration; and/or the proprietor has been convicted of an offence under the Act, the Health Services Act 1988 or the regulations made under those Acts; and/or the proprietor of the service no longer meets the criteria for registration
- The appointment of an administrator to the supported residential service.
The Minister may decide to appoint an administrator if: a registration has been revoked or if notice of intention to revoke registration has been given; or where the Minister believes, on reasonable grounds, that the appointment of an administrator to the service is necessary to protect the interests of the residents of the service; or the service is operating without registration; or the Secretary has cancelled the service’s registration; or the proprietor of a service dies or becomes incapable of managing the service; or where the proprietor has failed to appoint a manager to the service
- The extension of the period of an administrator’s appointment.
Legislation that gives VCAT the power to hear these applications
- Section 206 of the Supported Residential Services (Private Proprietors) Act 2010
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 after the later of the day on which
- 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 .