68Application for review of certain decisions by VCAT

68 Application for review of certain decisions by VCAT (1) An eligible applicant may apply to VCAT for review of the following decisions— (a) a decision of the co-ordinating medical practitioner for a person in a first assessment that the person— (i) is or is not ordinarily resident in Victoria; or (ii) was or was not ordinarily resident in Victoria for at least 12 months at the time of making a first request; or (iii) has or does not have decision-making capacity in relation to voluntary assisted dying; (b) a decision of a consulting medical practitioner for a person in a consulting assessment that the person— (i) is or is not ordinarily resident in Victoria; or (ii) was or was not ordinarily resident in Victoria for at least 12 months at the time of making a first request; or (iii) has or does not have decision-making capacity in relation to voluntary assisted dying; (c) a decision of the co-ordinating medical practitioner for a person under section 47(3)(a) or 48(3)(b) that the person has or does not have decision-making capacity in relation to voluntary assisted dying; (d) a decision under section 64(5) that the person has or does not have decision-making capacity in relation to voluntary assisted dying. ***eligible applicant*** means— (a) a person who is the subject of a decision referred to in subsection (1); or (b) an agent of a person referred to in paragraph (a); or (c) any other person who VCAT is satisfied has a special interest in the medical treatment and care of the person referred to in paragraph (a). (3) For the purposes of section 59(1)(b)(iv) of the **Victorian Civil and Administrative Tribunal Act 1998**, if an application is made for review of a decision referred to in subsection (1), the person who is the subject of the decision is a party to a proceeding for review of the decision, whether or not the person was the applicant for the review.