Adoption Act 1984 (review)
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
VCAT can review certain decisions made by the Secretary to the Department of Human Services, a principal officer of an approved agency or the State Central Authority under the Adoption Act 1984.
Legislation that gives VCAT the power to hear these applications
Adoption Act 1984 - section 129A
If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.
Cases VCAT can hear
You may be able to apply to VCAT to review a decision if you are a person whose interests are affected by a decision of:
The Secretary or a principal officer of an approved agency:
- refusing to approve a person as a fit and proper person to adopt a child
- deferring the making of a decision to refuse or approve a person as a fit and proper person to adopt a child
- revoking the approval of a person to adopt.
- refusing to approve an organisation as an agency
- revoking or suspending an agency’s approval
- refusing to renew an approval of an agency.
The State Central Authority:
- refusing to accredit a body as an accredited body
- suspending or revoking the accreditation of an accredited body
- refusing to renew the accreditation of an accredited body.
You must make your application within 28 days after the later of the day on which:
- the decision was made, or
- if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.
You may be able to apply for an extension to this time limit.
What can VCAT order?
Unless the relevant Act of Parliament gives us different powers, VCAT can:
- affirm the original decision, in which case the original decision will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision-maker giving directions or recommendations
- invite the decision-maker to reconsider their decision at any time during the case.