Supported Residential Services (Private Proprietors) Act 2010

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.

The Supported Residential Services (Private Proprietors) Act 2010:

• sets out the registration regime for private supported residential services in Victoria
• details the minimum standards for accommodation and personal support provided to residents of private supported residential services
• establishes the enforcement mechanisms to give effect to these standards.

You can apply about notices to vacate or security deposits in our Residential Tenancies section.

Cases we can hear

You may be able to VCAT for a review if your interests are affected by a decision made by the Secretary of the Department of Families, Fairness and Housing or the Minister for Disability, Ageing and Carers.

Decisions made by the Secretary of the Department of Families, Fairness and Housing

VCAT can review decisions about:

• registration of supported residential services, conditions imposed on registrations and variations to registrations
• whether an individual applicant is suitable to carry on, control or manage a supported residential service
• where an applicant is a body corporate, whether the relevant director and other officer is suitable to carry on, control or manage a supported residential service
• the issuing of a compliance notice or the terms of a compliance notice
• a compliance notice, which the Secretary issues if they believe that the proprietor of a supported residential service breached or is contravening a provision of this Act, the regulations or an undertaking
• the amount of costs claimed by the Secretary where an administrator was appointed to the supported residential service.

Decisions made by the Minister for Disability, Ageing and Carers

Suspension of admissions, cancellations or revocations

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 failed to carry on the service under the Act, regulations or any condition of registration
• the proprietor was convicted of an offence under the Act, the Health Services Act 1988 or the regulations made under those Acts
• the proprietor of the service no longer meets the criteria for registration.

Appointment of an administrator to the supported residential service

VCAT can review decisions to appoint an administrator.

The Minister may decide to appoint an administrator under any of these situations:

• a registration was revoked
• notice of intention to revoke registration was given
• 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
• the service is operating without registration
• the Secretary has cancelled the service’s registration
• the proprietor of a service dies or becomes incapable of managing the service
• where the proprietor failed to appoint a manager to the service

Extension of an administrator’s appointment

VCAT can review decisions to extend 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

Documents you need to apply

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.

Time limits

You must apply within 28 days of:

• the decision being made
• if you requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the date the statement of reasons was given to you or you were informed that a statement of reasons will not be given.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision maker if they agree to any extension. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

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 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.

Putting the original decision on hold

In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision. 

If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay. 

It may not be possible to put the decision on hold if there would be no practical effect in doing so.

VCAT will ask the decision maker if they agree to any stay. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

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 want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

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.