Biological Control Act 1986 (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 Victorian Biological Control Authority under the Biological Control Act 1986.
Cases we can hear
You may be able to apply to VCAT for a review if you are a person whose interests are affected by a decision by the Authority listed in section 54 of the Act:
Legislation that gives VCAT the power to hear these applications
The Biological Control Act 1986 – section 54
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.
You must make your application within 28 days on which:
- the decision was made, or
- the statement of reasons is given to you or you are informed that a statement of reasons will not be given under the Victorian Civil and Administrative Tribunal Act.
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.