On hearing day – Guardians, administrators, supportive guardians and supportive administrators

All parties present their case, ask questions and provide evidence. Interested persons can also be involved. A VCAT member makes a decision.

If you are the applicant you must come to the hearing.

The person the application is about is also welcome to bring someone to support them during the hearing.

VCAT hearings are open to the public, including media, unless we order them closed (held in private) under exceptional circumstances. Because our cases involve sensitive health information or family issues, it’s normal for the member to ask each person at the hearing to explain why they are there.

If you want your hearing to be closed, or you don't want anyone to know your name or the name of a witness, you must apply for confidentiality in writing before the hearing.

It’s important that you’re prepared for your hearing and bring all your documents so that you can present your best case.

You can check the time and location of your hearing after 4.30pm the day before. See Upcoming hearings.

What to bring on the day

Make sure you bring everything you need to present your case on the day. If you don't bring all your documents the hearing may be adjourned (postponed to a later date).

Bring all documents and supporting information about your claim.

Who you can bring

You can bring someone with you to your hearing for support. This support person could be anyone you choose, including a friend or family member. They can’t usually speak on your behalf, but they can help explain what you need (for example, ask for a break).

You can’t bring someone to translate for you. If you need an interpreter you must ask us for a VCAT interpreter.

If you’re attending by phone or video

Make sure you’re ready for your phone or videoconference hearing at the allocated time or within the allocated timeframe. If you’re not available for the hearing, orders may be made against you.

Phone and videoconference hearings may be less formal, but there are still rules to follow and things to do. Our cases are heard by members. Some cases are heard by judicial members (our president or vice presidents) who are also judges.

Etiquette for phone and videoconference hearings

• Turn off or eliminate background noise and distractions. Use headphones if possible.
• It’s an offence to record any part of a VCAT proceeding without permission (Court Security Act 1980). Do not record the hearing.
• All VCAT hearings, including phone and videoconference hearings, are recorded.
• It’s important you email any documents or evidence you want to rely on in your hearing to VCAT and all other parties well before your hearing.
• Mute your phone or microphone if not speaking to avoid feedback or noise.
• To avoid disruption, parties and their legal representatives should not be in the same room if they intend to use separate devices to join their VCAT Zoom matter as this can create feedback and/or sound distortion.

If you need support to attend, for example an interpreter or accessibility assistance, contact us.

Find out more about how to attend by video

If you’re attending in person

Arrive at least 30 minutes early to allow time to get through the security screening (similar to security at the airport) and find your hearing room.

When you arrive:

1. Check your room at Upcoming hearings or tell a staff member at the counter that you’ve arrived for your hearing.
2. Go to the hearing room and be ready to present your case.
3. Speak to a staff member if you have arranged security, disability support, an interpreter, Koori support or technology for your hearing.

If VCAT has given you permission to attend the hearing by phone, make sure you are ready at the hearing time. It’s too late to ask to attend by phone on the day of the hearing.

How long a hearing takes

The hearing usually takes about 45-60 minutes.

The hearing may start late or take longer, so allow extra time.

What to expect at the hearing

The VCAT member runs the hearing and makes a decision at the end. The member must make sure all parties have a fair hearing.

The member explains what to do during the hearing. If at any stage you’re not sure what to do, you can ask the member.

The member asks questions about what’s important to the person who has, or may need, a substitute decision-maker or support (guardian, administrator, supportive guardian or administrator).

Sometimes the member arranges to speak privately with them. This is the person whose rights will be affected by the VCAT order and their views and their wishes are important.

If there’s a dispute at a hearing about the facts or the law, we may schedule another hearing for a longer time. If this happens, you should be prepared for a more formal hearing. The member may tell you what to do to prepare.

In the hearing room

For most hearings, the VCAT member sits at the front of the room, and the applicant and respondent sit on either side of the room, facing the member. There is also seating for other people involved in the case, for example witnesses.

Hearings for guardianship and powers of attorney cases are run with a level of formality that’s right for the type of case. In many cases this means it runs with a low level of formality.

At the hearing, everyone must be respectful and polite:

• Call the member ‘Member’. They will let you know if you need to use another title, like Deputy President.
• Switch your mobile phone off or to silent.
• Remove hats and sunglasses.
• Water is provided
• Do not record any part of the conference without permission, for example, take photos or make audio or video recordings.

When to expect a decision

When VCAT makes a decision, we make a written order that states what must happen. The order is legally binding. All parties must follow what the order says. 

Sometimes there is a short break before the order is made, or it’s made after the hearing and sent to all the parties. 

If you want written reasons for the decision, you must contact us within 14 days of the hearing. 

The member can decide if they will give written reasons if your request is later than 14 days.

Find out what types of orders we can make in a case about guardians and administrators.