Reviewing a Decision
Review of a Tribunal Member Decision
An applicant (or a person whose interests are affected by the decision of VOCAT) may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of a final decision of the Tribunal. An application for review may be filed against a decision of the Tribunal:
- Refusing to make an award of assistance;
- Determining the amount of assistance;
- Refusing to vary an award;
- Determining the amount of assistance on an application to vary the award; or
- Determining that a person is required to make a refund, or the amount of that refund.
Applications for review may only be made against a final decision of the Tribunal; applications for review cannot be made in relation to the Tribunal’s decision regarding interim financial assistance.
Times frames for making a review application- Tribunal Member
An application for review must be made in writing to VCAT within 28 days of:
- The date on which the final decision was made; or
- The date upon which the applicant is given a statement of reasons for the decision (pursuant to the Victorian Civil and Administrative Tribunal Act 1998).
VCAT has discretion to grant an applicant leave to apply for review outside the 28 day time limit in circumstances it considers appropriate.
In a review proceeding, VCAT has all the functions of the original decision-maker (i.e. VOCAT) and has power to:
- affirm VOCAT’s order;
- vary or set aside VOCAT’s decision;
- make another decision in substitution of VOCAT’s decision; or
- remit the matter to VOCAT for reconsideration.
For further information on the review process, including the cost of lodging the appeal, contact VCAT at:
Victorian Civil and Administrative Tribunal (VCAT)
55 King Street
Melbourne Vic 3000
Phone: 1300 01 8228
Review of a Judicial Registrar or Tribunal Officer Decision
An applicant may make an application for review to the Tribunal against any of the following final decisions of a Judicial Registrar or Tribunal Officer as a delegate of the Tribunal (applications for review cannot be made against an interim decision):
- refusing to make an award of assistance;
- determining the amount of assistance awarded;
- refusing to vary an award of assistance;
- determining the amount of assistance awarded on variation;
- determining that a person is required to make a refund of assistance awarded; or
- determining the amount of that refund.
A review of a final decision of a Judicial Registrar or Tribunal Officer is conducted as a hearing de novo – a hearing de novo is a fresh consideration of the application for assistance.
Time-limit for making an application for review of a JR or TO Decision
An applicant may apply to review the final decision of a Judicial Registrar or Tribunal Officer within 14 days of the decision. The Application for Review of Decision of Judicial Registrar (Form 2) or Application for Review of Tribunal Officer (Form 3) must be accompanied by an affidavit in support outlining the grounds for review. An applicant will have an opportunity to file any additional material they wish to rely upon within 28 days of the application for review being filed.
The application for review is treated as a fresh hearing of the original application for assistance. Upon review, the Tribunal may either refuse the application for review or make its own decision in substitution for the original order.
The review by a Tribunal member may be determined on the material provided in support of the application without the need for a hearing. However, if the Tribunal member considers a hearing necessary, the applicant must be advised of the date and time set for the hearing.
Unless the Tribunal otherwise orders, lodging an application for review of a Judicial Registrar or Tribunal Officer decision does not operate to stay the decision made by the original decision maker.
Further information regarding Judicial Registrar and Tribunal Officer reviews can be obtained by contacting the registrar at your local Tribunal.