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 An impairment or combination of impairments – physical, neurological, or acquired brain injury. To be defined as a disability, the impairment would be permanent, result in significantly reduced capacity to communicate, move around or manage day-to-day activities and require ongoing support. 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 Significant limitations in learning, reasoning and problem solving as well as everyday social and practical skills. These limitations originate before the age of 18. 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.

Before you apply

Applications can be made by an authorised program officer, senior practitioner, 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 The time and place at which VCAT hears the parties argue their case and makes a decision. and send a copy of it to VCAT and to the senior practitioner.

Fees 

There are no application or hearing fees.

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 free or low-cost legal services that may be able to assist you.

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:

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

Disability Act 2006

Cases VCAT can hear

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 Significant limitations in learning, reasoning and problem solving as well as everyday social and practical skills. These limitations originate before the age of 18. 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.