250Pending applications and requests

250 Pending applications and requests (1) If, immediately before the commencement day, an application for a supervised treatment order under section 191 is before VCAT, on and from the commencement day— (a) the application is taken to be an application made in accordance with section 191 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**; and (b) this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to the determination of the application; and (c) unless VCAT otherwise orders, the applicant is not required to provide any additional information required under section 191A(1), (2) or (3); and (d) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the supervised treatment order is taken to be the primary service provider for the person in respect of whom the application is made; and (e) for the purposes of the application, a certificate given by the Senior Practitioner under section 191(3) before the commencement day— (i) is taken to be a certificate under section 191A(1) as substituted by the **Disability and Social Services Regulation Amendment Act 2023**; and (ii) is taken to relate to accommodation of a type specified in section 191(1)(b) as substituted by that Act. (a) this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to an application under section 194 that is before VCAT immediately before the commencement day; and (b) this Act as in force immediately before the commencement day continues to apply in respect of an application under section 196A that is before VCAT immediately before the commencement day; and (c) this Act as in force immediately before the commencement day continues to apply in respect of— (i) a request for a decision under section 50(1) that is not determined immediately before the commencement day; and (ii) an application for a review under section 50(7) that is not determined immediately before the commencement day; and (d) subject to subsection (3), this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to an application under section 196 that is before VCAT immediately before the commencement day. (3) Section 196(4C) and (4D) do not apply in respect of an application under section 196 that is before VCAT immediately before the commencement day. (4) Subject to subsection (5), on and from the commencement day, this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to an application under section 197 that is before VCAT immediately before the commencement day if that application is for a rehearing of— (a) an application under section 191(1); or (b) an application under section 196(1). (5) Section 197(7)(c) and (d) do not apply in respect of an application under section 197 described in subsection (4) that is before VCAT immediately before the commencement day. (6) If an application under section 197 that is before VCAT immediately before the commencement day for a rehearing of an application under section 196A(1), on and from the commencement day— (a) this Act as in force immediately before the commencement day (other than section 196A(3) as in force immediately before that day) continues to apply in respect of the application; and (b) section 196A(3) as in force immediately before the commencement day applies in respect of the application as if a reference to "section 191(1) or (1A)" were a reference to "sections 191(1)(a) to (c) and 193(1A) as in force on and from the day on which Division 1 of Part 2 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation". (7) On and from the commencement day, section 198(1) applies to a rehearing of an application under section 191(1) or 196(1) as if a reference to "at first instance" were a reference to "under this Act as in force on and from the commencement day" in the following circumstances— (a) the application under section 197 for the rehearing was made before the commencement day; (b) the application under section 197 for the rehearing was made on or after the commencement day and the application under section 191(1) or 196(1) was made before the commencement day. S. 251 inserted by No. 9/2023 s. 84.