101Jurisdiction of VCAT—NDIS

101 Jurisdiction of VCAT—NDIS

S. 101(1) amended by No. 58/2025 s. 125(Sch. 2 item 1.161).

(1) Each of the following decisions made by the Regulator is reviewable by VCAT—

(a) subject to subsection (2), an NDIS category A decision;

(b) an NDIS category B decision;

(c) an NDIS category C decision.

(2) A person may only apply to VCAT for review of an NDIS category A decision on the ground that the person is not a person referred to in section 23(1) or 41(1) (as the case requires).

(3) An application for review under subsection (1) must be made within 28 days after the later of—

S. 101(3)(a) amended by No. 58/2025 s. 125(Sch. 2 item 1.162).

(a) the day on which the decision of the Regulator is made under section 99(1); or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Note to s. 101 amended by No. 58/2025 s. 125(Sch. 2 item 1.163).

VCAT may, on an application under subsection (1), affirm the decision to give an NDIS exclusion or set that decision aside and either give an NDIS clearance or send the matter back to the Regulator for re‑consideration (see section 51 of the Victorian Civil and Administrative Tribunal Act 1998).