Krocka [2003] VCAT 1526 (23 October 2003)

1. In May 2003, Mr Krocka says he went to the ground floor counter of the Victorian Civil and Administrative Tribunal (VCAT) and tried to lodge an application. He was unable to produce a copy of the material he says he tried to lodge, but says staff refused to accept the application.

2. It is apparent VCAT did receive something from Mr Krocka because the Registrar of the Guardianship List wrote to him on 10 June 2003 saying that VCAT had no record of him being the subject of any order having been made.

3. The Principal Registrar then wrote to Mr Krocka explaining that part of his role was to determine whether VCAT has the power to deal with an application made to it, and telling Mr Krocka that VCAT does not have power to deal with the issues raised and he rejected the application.

4. The next material received by the Registrar from Mr Krocka was dated 2 July 2003. It asked VCAT to decide -

"If I am as person competent to act on behalf myself or not"

and attached a number of statements from medical practitioners, dating back to 1990.

5. Further correspondence was received from Mr Krocka dated 29 September 2003. Attached to a letter to the principal registrar was an application for review of the Registrar's decision to reject the application. Mr Krocka says in his correspondence that the Guardianship and Administration Act gives VCAT power and responsibility to make a decision about whether or not a person has legal capacity.

6. Under s.71(2) of the Victorian Civil and Administrative Tribunal Act 1998 where the principal registrar rejects an application, the applicant may require the principal registrar to refer the application to the Tribunal for review of the rejection. That is how this matter came before me and I reviewed the Registrar's rejection of Mr Krocka's application.

7. Since being notified on 8 October 2003 of the hearing of his application to review the Principal Registrar's decision, Mr Krocka has sent correspondence with attachments to the Guardianship List, the Registrar, Mr Ardlie and myself, the latest dated 20 October.

8. A careful consideration of all the correspondence Mr Krocka has sent in, all the reports and attachments, and having heard from Mr Krocka on 23 October 2003, reveals that Mr Krocka understands that VCAT - the Guardianship List - has a responsibility involving a formal hearing, in the Guardianship List where evidence would be heard, to decide whether or not a person has lost legal capacity and whether or not a person needs to have someone appointed to make decisions on their behalf and he appears to want VCAT to have such a formal hearing with respect to himself.

9. VCAT does have power to consider applications for the appointment of a guardian or an administrator, and those applications are considered in the Guardianship List. In considering such an application VCAT does consider a person's disability and their capacity.

10. However, VCAT is a creature of statute and does not have powers at large. VCAT cannot simply have the kind of hearing Mr Krocka seeks unless VCAT has received an application from someone for an Administration or Guardianship Order.

11. No such application has been received, so VCAT has no jurisdiction and the Registrar's decision is confirmed.