Victorian Consolidated Legislation

Disability Act 2006 - SECT 72

What can VCAT order on an application under section 71?

72. What can VCAT order on an application under section 71?



(1) 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;

   (b)  the amount payable by residents of similar community residential units
        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.

(3) For the purposes of subsection (1)(a), a residential charge is not to be
considered to be excessive if it 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.

(5) For the purposes of subsection (3), the regulations may-

   (a)  prescribe relevant amounts as a percentage of any specified pension
        payable under Commonwealth law; and

   (b)  specify different relevant amounts which may be charged for the rent
        component and for service items provided in the services component
        that can be included in a residential charge.