Le v The Office of the Public Advocate & Ors(No 2)

The applicant, Le, sought permission to appeal against a decision of the Victorian Civil and Administrative Tribunal (VCAT) concerning the protected person's accommodation. The Office of the Public Advocate and other respondents were also parties to the proceedings. The core of the dispute revolved around the protected person's distress and desire to leave a dementia ward and return home, and the applicant's attempt to challenge VCAT's previous determination.

The primary legal issue before the court was whether to grant the applicant permission to appeal VCAT's decision. This required the court to consider the utility of such an appeal given the applicant's ability to make a fresh application to VCAT. The court also had to determine whether it was in the interests of justice to grant permission to appeal.

The court reasoned that VCAT exercises a unique jurisdiction, and in this instance, granting an extension of time to appeal would have little practical benefit. This was because the applicant was free to lodge a fresh application to VCAT, which could then consider all available evidence, including the protected person's wishes and the practicalities of returning home, such as the availability of an alternative guardian and adequate home care. The court emphasised that these matters were not within its power to address on the current application and that there was no impediment to an immediate fresh application.

Consequently, the court concluded that it was not in the interests of justice to grant permission to appeal and therefore refused the application.