VCAT is now conducting all hearings by phone or video. Due to this, the video-link application process (outlined below) for people in prison may not be relevant at the moment. We recommend calling VCAT to confirm the process, and if you have any issues speak to your supervisor or the Homeless Law team.
Arranging a VCAT video link
Incarcerated clients who wish to participate in VCAT proceedings may be able to appear via video-link. A video-link setup can be requested by submitting a Notice of Application for Video-link.
An application for video-link must be submitted no later than 10 days prior to a hearing.
Fee waiver
The standard video-link fee is $82.50 plus hourly line charges. This fee can be waived for a client who is an inmate at prison by submitting an Application for Fee Waiver.
VCAT locations with video-link facilities
VCAT at King Street, Melbourne has multiple rooms with video link facilities available. Some other VCAT locations also have video link facilities. It is best to contact the VCAT location in advance of submitting an application to determine whether video-link facilities are available. If the matter is listed at a VCAT location without video-link facilities, the hearing may be transferred to another location with video-link facilities.
Applying for video-link at short notice
If the timeframe does not allow for 10 days’ notice, it is still worth submitting a video-link application, as VCAT will sometimes adjourn a proceeding on its own motion where a request for video-link has been made but cannot be accommodated.
Can I appear at VCAT without my client?
The risk management guide states you should be clear with the client in the lead up to a VCAT and court hearing that you will not be able to appear if they do not attend.
There are very rare circumstances when we would appear without the client being present and, if you think this might apply to you, please contact Homeless Law to discuss.
The reasons we do not appear without clients are: (1) if the client is represented, they cannot apply for a rehearing; (2) if the hearing goes ahead without the client, they have no insight into how well it was run and this creates a risk they will be unhappy with the outcome.