Application for rehearing
197 Application for rehearing
S. 197(1) amended by No. 9/2023 s. 64(1).
If VCAT has determined an application under this Division, the Senior Practitioner, the Authorised Program Officer for the primary service provider or the person subject to the supervised treatment order may apply to VCAT for a rehearing of the application.
An application for a rehearing, or for leave to apply for a rehearing, must be made within 28 days after the day on which VCAT made the determination.
If VCAT gives oral reasons for making an order and a person then requests written reasons under section 117 of the Victorian Civil and Administrative Tribunal Act 1998, the day on which the written reasons are given to the person is deemed to be the day on which VCAT made the determination for the purposes of subsection (2).
Subject to subsection (5), the making of an application for a rehearing does not affect the operation of any supervised treatment order to which the application relates or prevent the taking of action to enforce the supervised treatment order.
VCAT may make an order staying the operation of a supervised treatment order pending the determination of the rehearing of the application.
S. 197(6) inserted by No. 9/2023 s. 64(2).
The applicant under subsection (1) must notify the following persons of the application (unless the person to be notified is a party to the proceeding)—
the Senior Practitioner;
the Public Advocate.
S. 197(7) inserted by No. 9/2023 s. 64(2).
The following persons are parties to a proceeding relating to an application under subsection (1)—
the person who is subject to the supervised treatment order;
the Authorised Program Officer for the person's primary service provider;
the Senior Practitioner, if the Senior Practitioner was a party to the proceeding for which the application for a rehearing relates;
the Public Advocate, if the Public Advocate was a party to the proceeding for which the application for a rehearing relates.
S. 197(8) inserted by No. 9/2023 s. 64(2).
On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (1).
S. 197(9) inserted by No. 9/2023 s. 64(2).
On the application of the Public Advocate, VCAT must join the Public Advocate as a party to a proceeding relating to an application under subsection (1).
This Act’s bill:Explanatory memorandumSecond reading speech
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