After you apply – Guardians and administrators

If we can accept your application, you get a notice that gives you the date, time  and whether you need to attend by phone, video or in person. The notice explains what you need to do next.

All parties in the case and people with a direct interest in the case also get a notice. We also send a notice to:

• the spouse or domestic partner of the person the application is about
• their primary carer
• their nearest available relative (for reassessment cases only).

As the applicant you should do as much as you can to make the person you’re applying about is aware of the application and the changes that might happen in their lives if an order is made.

If you’re attending by phone or videoconference

Make sure you send all parties and VCAT the supporting documents you plan to use at VCAT. You must send these by email. The deadline to send documents is in your notice or order.

You need to be ready to present facts and answer questions about the case. There are documents to organise and decisions to make.

We need information about the will and preferences of the person the case is about (the proposed represented person or represented person). This means we need to know what is important to them, before we make a decision.

This information will help us make the best decision for their situation.

If we decide we need this information before the hearing, we may:

1. send a worksheet to the person or get the worksheet online
2. contact the person by phone or book an appointment to visit VCAT. Email humanrights@courts.vic.gov.au or call 1300 01 8228 (press option 2) Monday to Friday between 9am and 5pm
3. ask you to tell us what's important to the proposed represented person if you’re a relative, close friend or carer of the person the hearing is about. You should use the what's important to the person - will and preferences worksheet or checklist to guide you. You can address some or all of the questions.

The notice you receive from us tells you how we will handle your case. Find out how to prepare for a directions hearing or final hearing.

We strongly encourage the person you are applying about to come to VCAT, as the decisions we make affect them. We try to make it as easy as possible for them to come.

In some cases people can attend the hearing by phone or videoconference.

If the person the application is about is unable to leave their hospital or care facility, we may be able to arrange a hearing at the hospital or care facility, in limited circumstances.

As the applicant you must come.

Any other person with an interest in the application can also come.

Check the time and date you need to attend VCAT (if you are coming to VCAT in person). This is shown on the notice we send you. If you’re coming in person, look at the location and plan how to get there.

Most hearings are held in the Melbourne central business district. If there’s a suburban or regional VCAT venue close to the represented person, we hold the hearing there if it’s possible.

You can confirm the time of your hearing at Upcoming hearings after 4.30pm on the day before your hearing.

If you come to a hearing, the VCAT member makes a decision and gives an order. An order tells parties how the case has been decided and any action they must take. All parties must follow VCAT's orders. They usually tell you what the decision is, and the reasons for it, at the end of the hearing.

You can ask the VCAT member to write the reasons for their decision.  You must ask for the reasons within 14 days of getting the order.

Sometimes we ask the Office of the Public Advocate (OPA) or another person or organisation (for example, a service provider) to investigate and report about an issue.

When this happens, we usually schedule another hearing after we get the report. You can ask for permission to see a copy of the report.

About decisions and orders

If you’re a guardian or administrator, tell us in writing if:

• you find out a missing person is alive (either in Victoria or elsewhere) or the missing person has died
• you or the represented person change address
• the represented person dies.

If something else changes, you may want to apply to reassess an order. For example, if:

• there’s no need for it to continue because the represented person has regained decision-making capacity
• it isn’t working for the represented person
• circumstances have changed or there is new information available that affects it
• the guardian, administrator, supportive guardian or supportive administrator is no longer willing or able to continue in the role
• the represented person no longer wants to have a supportive guardian or supportive administrator
• the guardian, administrator, supportive guardian or supportive administrator is not supporting the personal and social wellbeing of the represented person.

Apply to reassess or cancel a guardian or administrator appointment