Apply to revoke an exemption

If you believe your interests may be or have been affected by the granting of an exemption under the Equal Opportunity Act 2010, you may apply to VCAT to have the exemption revoked.

Learn more about exemptions and revoking exemptions in the Equal Opportunity Exemption factsheet.

Before you apply

You may wish to discuss the issue with the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) or consider obtaining independent legal advice.

You must provide an affidavit in support of your application detailing the reasons you are seeking a revocation. You can also provide any material that you feel will support your application. You must also provide a copy of your application to the Victorian Equal Opportunity and Human Rights Commission.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Find free or low-cost legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

Cases VCAT can hear

VCAT can hear applications for revocation of exemptions from the Equal Opportunity Act 2010.

  • An application to revoke an exemption will usually be listed for a directions hearing to discuss the next steps. The Victorian Equal Opportunity and Human Rights Commission may intervene and be joined as a party in a case that involves issues of equal opportunity. Learn more about when VCAT opens a case.

  • The VCAT member may set a date for a mediation or a compulsory conference to allow the parties to work together towards a settlement without going to a final hearing. See more about how to resolve a case by agreement.

  • At the hearing, VCAT will consider your application and you will be given an opportunity to provide further information regarding the application. Learn more about how to prepare for your final hearing.

  • The hearing gives an applicant, other interested persons and if applicable the Victorian Human Rights and Equal Opportunity Commission a chance to present evidence and information about the application. Learn about what happens on final hearing day

  • VCAT aims to make a decision in cases as early as possible. If the member does not give a decision at the final hearing, we try to provide it within six weeks of the hearing. f the exemption order is revoked, VCAT will publish a notice of revocation in the Government Gazette. The revocation does not take effect until at least three months after the revocation has been published. Learn about what to expect after your hearing