Victorian Consolidated Legislation

Disability Act 2006 - SECT 88

Review by VCAT

88. Review by VCAT



(1) A person may apply to VCAT for the review of a decision to admit a person
to a residential institution under section 87 other than in accordance with
Part 8.





(2) An application for review must be made within 28 days after the later of-

   (a)  the day on which the person is notified of the decision; or

   (b)  if, under the Victorian Civil and Administrative Tribunal Act 1998,
        the person requests a statement of reasons for the decision, the day
        on which the statement of reasons is given to the person or the person
        is informed under section 46(5) of that Act that a statement of
        reasons will not be given.

(3) On an application under this section, VCAT must determine the review
having regard to the criteria specified in sections 87(1) and 87(2).

(4) VCAT may-

   (a)  if it determines that the admission satisfies the criteria specified
        in sections 87(1) and 87(2), confirm the admission and dismiss the
        application; or

   (b)  if it determines that the admission does not satisfy the criteria
        specified in sections 87(1) and 87(2), make an order directing the
        Secretary to move the person from the residential institution within
        28 days of the date of the order.

(5) If subsection (4)(b) applies, the Secretary must obtain suitable
alternative accommodation for the person.

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