Victorian Consolidated Legislation

Disability Act 2006 - SECT 50

Request to Secretary for decision as to disability

50. Request to Secretary for decision as to disability



(1) A person to whom section 49(4)(b) applies may request the Secretary to
decide whether or not the person has a disability.

(2) For the purposes of making a decision under this section, the Secretary
may require the person making the request and the disability service provider
to provide any relevant information.

(3) The Secretary may determine the appropriate process to enable the
Secretary to make a decision as to disability.

(4) If the Secretary decides that a formal assessment is necessary, the
Secretary must ensure that the formal assessment is commenced within 30 days
of receiving the request for a decision.

(5) Despite subsection (4), the Secretary may-

   (a)  defer the commencement of a formal assessment for up to 3 months after
        receiving the request for a decision; or

   (b)  discontinue any uncompleted formal assessment and defer the
        undertaking of a further formal assessment for up to 3 months after
        discontinuing the formal assessment-

if the Secretary believes on reasonable grounds that any formal assessment
completed before then is unlikely to establish reliably that the person has a
disability.

(6) The Secretary must within 14 days of making a decision as to whether a
person has a disability advise in writing the person who made the request-

   (a)  of the decision; and

   (b)  that the person can apply to VCAT for a review of the decision.

(7) An application for a review must be made within 28 days after the person
receives the advice under subsection (6).

(8) On an application for a review under subsection (7), VCAT may-

   (a)  confirm the decision of the Secretary; or

   (b)  order that the decision of the Secretary be substituted by the
        decision of the Tribunal; or

   (c)  remit the matter to the Secretary for further consideration in
        accordance with this section.

(9) A decision of VCAT under subsection (8)(b) has effect as if it were the
decision of the Secretary.