Review a decision by the Secretary to the Department of Health and Human Services

Under the Disability Act 2006 VCAT can review decisions made by the Secretary to the Department of Health and Human Services.

We can confirm or modify the decision, or make a new decision.

What we can do

VCAT can review a decision made by the Secretary to the Department of Health and 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.

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.

Fees

There are no application or hearing fees.

Apply

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.

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.

Legislation that applies to this type of case