​Establish whether someone has a guardian

If you are applying to the Magistrates' Court of Victoria for a detention and treatment order under section 10 of the Severe Substance Dependence Treatment Act 2010, VCAT can establish if the person who is the subject of the application has a guardianDefinitionA person who makes personal lifestyle decisions on behalf of someone with a disability, including decisions about their living arrangements, work arrangements, medical treatment and access to people and services. appointed to them.

Before you apply

You must complete the Magistrates' Court section 10 application and attach a stamped copy of it to your VCAT application. We cannot disclose information unless we are satisfied your request is made in accordance with section 11 subsection (1) of the Severe Substance Dependence Treatment Act 2010.

Make a written request to VCAT by completing a Section 11 Request to VCAT form. You can make your request to VCAT in person, by email or by fax.

Fees

There are no application or hearingDefinitionThe time and place at which VCAT hears the parties argue their case and makes a decision. fees.

How to apply

Complete a Section 11 Request to VCAT form.

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.

Need help with your application?

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 situation.

When we receive your request

When we receive your request, the RegistrarDefinitionThe officer in charge of the administrative section of VCAT, which is known as the registry. or Deputy Registrar of the Human Rights Division will search current VCAT guardianship orders.

If there is a record of a current guardian

If we find the person has a guardian we will give you:

  • a copy of the VCAT guardianship order
  • a letter telling you the name and contact details of the person's guardian.

You can choose to receive this information by email, fax or in person. We give you this information within 24 hours of receiving your request.

If there is no record of a current guardian

If we do not have a record of a current guardian, we give you a letter advising that a search has been conducted and no record was found. You can choose to receive this information by email, fax or in person.

Access and privacy

All information you give VCAT for your case is available to anyone who inspects the case file or attends the hearing, including media. They might get information like your name, contact details and personal information.

By law, with limited exceptions, VCAT must share information that you provide for your case with other parties. This includes your documents and evidence. But it is illegal to publish or broadcast information that could identify a partyDefinitionA person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. in a guardianship, powers of attorney or medical treatment case, unless VCAT makes an exception.

You can ask VCAT at the start of the case to keep your information confidential. VCAT may not agree to this request.

For more information, see our privacy policy.

Legislation that applies to this type of case