Apply for a rehearing - Restrictive practices in residential aged care

Apply for a rehearing of an application to which VCAT made an order.

Before you apply

Who can apply?

A person may apply to VCAT for a rehearing of an application if:

  • the person was a party to the hearing of the application at first instance
  • the person was given notice of the hearing of the application at first instance but was not party to the hearing of the application.

A person is not entitled to apply for a rehearing if:

  • the hearing was regarding an application to revoke the nomination of a restrictive practices substitute decision-maker
  • the hearing was regarding an application in which the VCAT President made an order
  • the hearing was for an application for rehearing or for leave to apply for a rehearing.

Putting the first instance order on hold (stay)

An application for rehearing does not stay or put a hold on the first instance order made by VCAT or prevent the order from being enforced.

If you want the first instance order put on hold, you must ask VCAT for this in your application form and briefly explaining why you are seeking a hold.

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

Cases we can't help with

We can’t accept:

  • some cases where one party lives in another state or is a Commonwealth government organisation
  • cases heard under federal law instead of Victorian law.
Learn more

Documents you need to apply

You should provide a copy of the care recipient’s behaviour support plan and any other relevant documentation with your application.

Time limits

An application for rehearing or for leave to apply for rehearing must be made within 28 days after the day that the first instance order was made.

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.

Watch our video on how to apply and manage your application.

Can't apply online? Use our print-friendly application form.

Apply online

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.

Organisations that may be able to help you

VCAT can't offer you legal advice. Below are organisations that may be able to help with your case.

Office of the Public Advocate

Advice on guardianship and advocacy matters for Victorians living with a disability. Also undertakes the role of guardian for some Victorians.

https://www.publicadvocate.vic.gov.au/

See more organisations

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