Review a public health order made by the Chief Medical Officer

A public health order is generally made about a person who has an infectious disease where there is a serious risk to public health.

Make this application under the Public Health and Wellbeing Act 2008.

Responsibilities of the Chief Medical Officer

When we receive an application for review of a decision the Chief Medical Officer must lodge with us:

• a statement of reasons for that decision
• other documents they consider relevant to the review of the decision.

This a requirement under section 49 of the VCAT Act. Sometimes we refer to these materials as the section 49 statement.

Time limits

The Chief Medical Officer must lodge their section 48 statement within 28 days after either the day they receive notice of the application to VCAT or the day they refer the decision to VCAT.

Fees

There are no application or hearing fees. You may have to pay a fee for other VCAT services.

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 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.

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.

Legislation that applies to this type of case

• Public Health and Wellbeing Act 2008
• Victorian Civil and Administrative Tribunal Act 1998