Changing or cancelling an order

Changing or cancelling an order

You may not be happy with the Victorian Civil and Administrative Tribunal (VCAT) making a guardianship order or an administration order about you. 

If you want to change or cancel an order you can ask VCAT for a: 

  • re-hearing if it is less than four weeks since the order was made
  • re-assessment hearing. 

Asking for statement of reasons

If VCAT has just made a guardianship order or an administration order, you can ask for a statement of reasons. This is an important written document which explains the reason why the VCAT member made the order. It can help you decide if you want to challenge the order.

If you want a statement of reasons, you must ask VCAT for this within two weeks of your hearing day. You should ask for this in writing.

Rehearings

A rehearing is where a more senior VCAT member will hear your case again. The senior VCAT member will decide your case as if it was the original hearing.

You and anyone else involved in your case will have another chance to have a say about what should happen. You can also say or give things to the senior VCAT member that you did not say or give at your original hearing.

The senior VCAT member will then make a decision. This could include:

  • keeping the order in place
  • changing the conditions of the order
  • cancelling the order.

You can only ask VCAT for a rehearing within four weeks from the day of your hearing. If you ask for a statement of reasons, you can ask for a rehearing within four weeks from the day you receive the statement of reasons.

You can ask for a rehearing in writing or in person at VCAT.

Reassessment hearings

If VCAT makes a guardianship order or an administration order, it must have another hearing to decide if you still need a guardian or administrator. This is called a reassessment hearing.

VCAT will specify when the reassessment hearing must take place when it makes the order. This must take place within three years, but it can be earlier time determined by VCAT.

When your reassessment hearing is due, VCAT will organise a hearing and let you know when that will be.

However, you can ask VCAT for the reassessment hearing to take place at an earlier time. You must explain to VCAT why this should happen.

If VCAT does not think there is a good reason to organise an early reassessment hearing, it can refuse your request. Therefore, you must have proof to back up your case. Giving VCAT any documents that support your case may help. This can include a report or letter from your doctor, social worker, family member or friend.

You may want an early reassessment hearing if you want:

  • a different guardian or administrator
  • different conditions in the order
  • VCAT to cancel the order.

VCAT will decide if any of these things should happen.

Asking for a different guardian or administrator

You can ask for a different guardian or administrator if that person is not acting in your best interest such as:

  • they are making bad decisions about your finances or lifestyle matters
  • they do not speak with you to find out what you wishes are
  • there is a conflict between your interests and their interests
  • you do not get along with them at all

If you have someone in mind to be your guardian or administrator, you must show why that person should be your new guardian or administrator.

Asking for different conditions in the order

If you are unhappy with particular conditions of your guardianship order or administration order, you can ask VCAT to change those conditions.

A VCAT member will decide if the conditions should be changed.

Asking for your order to be cancelled

You can ask VCAT to cancel the guardianship or administration order completely. This could be because your personal circumstances have changed since the time the order was made.

To have your guardianship order cancelled, you must show them at least one of the following:

  • you do not have a disability
  • your disability does not stop you making reasonable decisions about your lifestyle matters
  • you do not need a guardian to manage your lifestyle matters.

To have your administration order cancelled, you must show them at least one of the following:

  • you do not have a disability
  • your disability does not stop you making reasonable decisions about your finances
  • you do not need an administrator to manage your finances.

How to ask for a re-assessment hearing

To ask for a re-assessment hearing, write a letter to VCAT.

You can download a sample letter to do this for either a guardianship order or an administration order:

Fill in your details, sign the letter and post it to the Principal Registrar at VCAT.

VCAT also has an Application for rehearing form – Guardianship List.

If you have any documents that you intend to rely on to support your case, you should send them to VCAT with your letter.

Appealing VCAT’s decision

You can appeal to the Supreme Court. This means asking the Supreme Court to override VCAT’s decision. This must be done within four weeks of VCAT’s decision.

You cannot appeal just because you do not agree with VCAT’s decision. The Supreme Court will only be able to help if VCAT did not follow the law properly when making or continuing a guardianship order or an administration order.

Supreme Court appeals are complicated and expensive. Get legal help if you are thinking about an appeal.

Get help

Find out how you can get help with guardianship and administration.