88Application for rehearing

88 Application for rehearing

(1) Subject to subsection (2), a person may apply to VCAT for a rehearing of an application in relation to which VCAT made an order under this Act—

(a) if the person was a party to the hearing of the application at first instance; or

(b) if the person was given notice of the hearing of the application at first instance but was not a party to the hearing of the application—

(i) with the leave of VCAT; or

(ii) in the case of the Public Advocate, without seeking the leave of VCAT.

(2) A person is not entitled to apply for a rehearing of any of the following—

(a) an interim order or a temporary order;

(b) an application for an order to suspend or revoke the appointment of an appointed medical treatment decision maker or a support person;

(c) an application under Division 4 of Part 5;

(d) an order made by VCAT constituted by the President, whether with or without other members;

(e) an application for a rehearing or leave to apply for a rehearing.

(3) An application for a rehearing or for leave to apply for a rehearing must be made within 28 days after the day that the order which is the subject of the rehearing is made.

(4) For the purposes of subsection (3), if VCAT gives oral reasons for making an order and a party 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 party is taken to be the day of the order.