Seek an order about a care recipient’s decision-making capacity

Who can apply?

An eligible applicant may apply to VCAT for any of the following orders:

• an order that a care recipient has or does not have decision-making capacity to nominate, or revoke the nomination of, a restrictive practices nominee
• an order that a care recipient had or did not have decision-making capacity to nominate, or revoke the nomination of, a restrictive practices nominee at the time of making a nomination or revocation.

A person other than an eligible applicant may make an application to VCAT for any of these orders if VCAT grants that person leave.

Who is an eligible applicant?

An eligible applicant is any of the following:

• a restrictive practices nominee
• any of the following persons who is an adult in close and continuing relationship with the care recipient and who is available, willing and able to make restrictive practices decisions:
  • the spouse or domestic partner of the care recipient
  • the primary carer of the care recipient
  • the child/ren of the care recipient
  • the parents of the care recipient
  • the siblings of the care recipient
• a restrictive practices substitute decision-maker appointed by VCAT.
   

Documents you need to apply

You should provide the following documents with your application:

• medical report
• a copy of the care recipient’s behaviour support plan
• any written nomination made by the care recipient
• any other relevant documentation with your application.

Time limits

No time limitations apply to make this application.

Apply

Contact us to get support. We can explain the application process and what the form is asking you for.

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 accessible by the public unless orders are made or the law states otherwise.

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

• Aged Care Restrictive Practices Substitute Decision-maker Act 2024
• Victorian Civil and Administration Tribunal Act 1998.

Visit the Department of Health’s website for more information on the appointment of a restrictive practices substitute decision-maker in Victoria.