DISABILITY ACT 2006 - SECT 72 What can VCAT order on an application under section 71?

DISABILITY ACT 2006 - SECT 72

S. 72(1) amended by No. 75/2013 s. 3(1).

    (1)     Subject to section 72A, on an application made under section 71, VCAT may—

        (a)     make an order declaring that the proposed residential charge is excessive;

        (b)     make an order directing that for the period specified in the order the residential charge cannot exceed the amount specified in the order;

        (c)     make orders under paragraphs (a) and (b);

        (d)     dismiss the application.

    (2)     For the purposes of subsection (1), VCAT must have regard to—

        (a)     the amount paid by other residents in the same premises for the rent component and the service items provided in the services component included in the proposed residential charge;

S. 72(2)(b) amended by No. 22/2012 s. 25.

        (b)     the amount payable by residents of similar group homes in similar locations for similar premises and service items provided in the services component;

        (c)     the state of repair and general condition of the premises and the room;

        (d)     the number of increases in the preceding 24 months, the amount of each increase and the timing of those increases;

        (e)     any changes in the condition of the room or the service items provided in the services component since the resident commenced residency;

        (f)     any variation in the cost of providing the service items provided in the services component;

        (g)     any improvements made to the room that should not result in an increase because they were made by or on behalf of the resident;

        (h)     guidelines issued by the Secretary for the purposes of section 65.

S. 72(3) amended by No. 75/2013 s. 3(2).

    (3)     For the purposes of subsection (1)(a), a residential charge is not to be considered to be excessive if the charge, as an annual amount, does not exceed the relevant prescribed amount.

    (4)     An order cannot be made under subsection (1)(b) which specifies an amount that is less than the amount which the resident was being charged before notice of the proposed increase was given.

S. 72(5) substituted by No. 75/2013 s. 3(3).

    (5)     Sections 50(3) and 51(1), (2) and (5) of the Victorian Civil and Administrative Tribunal Act 1998 do not apply in relation to a proceeding for review of a decision to issue a notice of a proposed increase in a residential charge.

S. 72(6) inserted by No. 75/2013 s. 3(3).

    (6)     Without limiting any other means of determining an amount for the purposes of subsection (3), the regulations may prescribe an amount by reference to any specified pension or allowance payable under Commonwealth law, including by use of a formula.

S. 72A inserted by No. 75/2013 s. 4.