Biological Control Act 1986 (review)
VCAT can review certain decisions made by the Victorian Biological Control Authority under the Biological Control Act 1986.
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.
Cases we can hear
You may be able to apply to VCAT for a review if your interests are affected by a decision by the Authority:
- not to hold an inquiry under section 17 (inquiries relating to target organisms)
- that is inconsistent with a finding or a recommendation of a Commission referred to in Part 7 – for the purposes of section 18 (declaration of target organisms)
- not to publish a notice in any newspaper or journal under section 24 (notice of proposed agent organisms)
- not to hold an inquiry under section 26 (inquiries relating to agent organisms)
- that is inconsistent with a finding or a recommendation of a Commission referred to in Part 7 – for the purposes of section 27 (declaration of agent organisms)
- under section 28 (emergency declarations)
- that is inconsistent with a finding or a recommendation of a Commission referred to in Part 7 – for the purposes of section 29 (declaration of existing released organisms)
- not to hold an inquiry under section 31 (inquiries relating to declarations of existing released organisms)
- to revoke a declaration under section 51.
Cases we can't help with
We can’t accept:
- some cases where one party lives in another state or is a Commonwealth government organisation
- cases heard under federal law instead of Victorian law.
Legislation that gives VCAT the power to hear these applications
Section 54 of the Biological Control Act 1986
Documents you need to apply
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 from the date:
- 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.
If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.
VCAT will ask the decision maker if they agree to any extension. If the decision maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.
What can VCAT order?
Unless the Act 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 send bac 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.
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
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 want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.
Find 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.