When to apply to VCAT

When the patient lacks cacity and there is no surrogate decision maker or if the family situation is complicated or the decisions are complex it may be appropriate to make an application to the Victorian Civil and Administrative Tribunal (VCAT).

A valid referral to VCAT requires that:

  1. There is evidence of disability;
  2. There is a dispute; and
  3. Patient is over 18.

VCAT can provide a declaration as to whether a patient lacks capacity and, if they do, whether proposed treatment would be lawful. This may also be required if there is a disagreement about the patient’s capacity or best interests.

Office of the Public Advocate (OPA)

If you have any doubt speak to the public advocate:

Phone: 1300 309 337